Proposal for a Council Regulation terminating the interim review of anti-dumping measures imposed by Council Regulation (EC) No 1910/2006 on imports of television camera systems originating in Japan and repealing the anti-dumping measures imposed by Regulation (EC) No 1910/2006
Date: 2007-06-27
Institutions: European Commission
Subjects: Japan, anti-dumping duty, anti-dumping legislation, import, recording equipment

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.6.2007 
COM(2007) 363 final 

Proposal for a 

COUNCIL REGULATION 

terminating the interim review of anti-dumping measures imposed by Council 
Regulation (EC) No 1910/2006 on imports of television camera systems originating in 
Japan and repealing the anti-dumping measures imposed by Regulation 
(EC) No 1910/2006 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  384/96  of 
22 December 1995 on protection against dumped imports from countries not members 
of  the  European  Community,  as  last  amended  by  Council  Regulation  (EC) 
No 2117/2005  of  21  December  2005  ('the  basic  Regulation')  in  the  proceedings 
concerning  imports  of  "certain  camera  systems"  and  "television  camera  systems" 
originating in Japan. 

•  General context 

This proposal is made in the context of the implementation of the basic Regulation and 
is the result of an investigation which was carried out in line with the substantive and 
procedural requirements laid out in the basic Regulation. 

•  Existing provisions in the area of the proposal 

Council  Regulation  (EC)  No  1910/2006  imposing  a  definitive  anti-dumping  duty  on 
imports of television camera systems originating in Japan. 

•  Consistency with the other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Interested  parties  concerned  by  the  proceeding  have  already  had  the  possibility  to 
defend their interests during the investigation, in line with the provisions of the basic 
Regulation. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

This proposal is the result of the implementation of the basic Regulation. 

The  basic  Regulation  does  not  foresee  a  general  impact  assessment  but  contains  an 
exhaustive list of conditions that have to be assessed. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

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By  Council  Regulation  (EC)  No  2042/2000  definitive  anti-dumping  duties  were 
imposed  on  imports  of  television  camera  systems  originating  in  Japan.  On  21 
December 2006, these measures were extended further to an expiry review.  

On  18  May  2006,  the  Commission  opened  a  new  anti-dumping  investigation  with 
regard to imports into the Community of certain camera systems originating in Japan. 
The product covered by the aforementioned measures entirely falls within the product 
scope  of  this  new  investigation.  Therefore,  an  interim  review  as  regards  Council 
the  new 
Regulation  (EC)  No  2042/2000  was 
investigation. 

initiated  simultaneously  with 

Regulation  (EC)  No  2042/2000  was  due  to  expire  on  29  December  2006.  Since 
measures  on  television  camera  systems  were,  however,  extended  by  Council 
Regulation (EC) No 1910/2006 the interim review was automatically extended to the 
latter. 

By a letter of 12 April 2007 to the Commission, the complainant formally withdrew its 
complaint regarding certain camera systems as well as its support for the continuation 
of the measures on television camera systems. Accordingly, the Commission intends to 
terminate the proceeding regarding certain camera systems and proposes to repeal the 
existing  measures  on  television  camera  systems  given  that  the  investigation  has  not 
brought to light any considerations showing that such termination and repeal would not 
be in the Community interest. Furthermore, the Commission proposes to terminate the 
above  mentioned  interim  review  with  regard  to  television  camera  systems  initiated 
simultaneously with the new investigation concerning certain camera systems. 

It is therefore proposed that the Council adopt the attached proposal for a Regulation 
which should be published simultaneously with the Commission Decision terminating 
the investigation. 

•  Legal basis 

Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection  against 
dumped  imports  from  countries  not  members  of  the  European  Community,  as  last 
amended by Council Regulation (EC) No 2117/2005 of 21 December 2005.  

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

The form of action is described in the above-mentioned basic Regulation and leaves no 
scope for national decision. 

Indication  of  how  financial  and  administrative  burden  falling  upon  the  Community, 
national governments, regional and local authorities, economic operators and citizens is 

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minimized and proportionate to the objective of the proposal is not applicable. 

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

The above-mentioned basic Regulation does not foresee alternative options. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

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Proposal for a 

COUNCIL REGULATION 

terminating the interim review of anti-dumping measures imposed by Council 
Regulation (EC) No 1910/2006 on imports of television camera systems originating in 
Japan and repealing the anti-dumping measures imposed by Regulation 
(EC) No 1910/2006 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection 
against dumped imports from countries not members of the European Community1 (‘the basic 
Regulation’), and in particular 11(3) thereof, 

Having  regard  to  the  proposal  submitted  by  the  Commission  after  having  consulted  the 
Advisory Committee, 

Whereas: 

A. MEASURES IN FORCE 

By  Council  Regulation  (EC)  No  2042/20002  definitive  anti-dumping  duties  were 
imposed  on  imports  of  television  camera  systems  originating  in  Japan,  currently 
falling within CN codes ex 8525 80 19, ex 8528 49 35, ex 8528 49 91, ex 8528 59 90, 
ex  8529  90  92,  ex  8529  90  97,  ex  8537  10  91,  ex  8537  10  99  and  8543  70  90  (CN 
codes since 1 January 2007). 

In December 2006, the Council, by Regulation (EC) No 1910/20063 confirmed these 
measures  further  to  an  expiry  review  in  accordance  with  Article  11(2)  of  the  basic 
Regulation (the "original measures"). 

B. PROCEDURE 

On  4  April  2006,  the  Commission  received  a  complaint  concerning  the  alleged 
injurious dumping by imports of certain camera systems originating in Japan. 

The  complaint  was  lodged  by  Grass  Valley  Nederland  BV  acting  on  behalf  of 
Community  producers  representing  a  major  proportion  of  the  total  Community 

OJ  L  56,  6.3.1996,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  2117/2005  (OJ  L  340, 
23.12.2005, p. 17). 
OJ L 244, 29.9.2000, p.38 as last amended by Regulation (EC) No 1909/2006 (OJ L 365, 21.12.2006, 
p.1) 
OJ L 365, 21.12.2006, p.7 

(1) 

(2) 

(3) 

(4) 

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(5) 

(6) 

production  of  certain  camera  systems  pursuant  to  Articles  4(1)  and  5(4)  of  the  basic 
Regulation. 

The  complaint  contained  prima  facie  evidence  of  the  existence  of  dumping  and  of 
material  injury  resulting  therefrom,  which  was  considered  sufficient  to  justify  the 
initiation of an anti-dumping proceeding. 

The Commission, by a notice (‘notice of initiation’) published in the Official Journal 
of the European Union4, accordingly initiated an anti-dumping proceeding concerning 
imports  into  the  Community  of  certain  camera  systems,  currently  falling  within  CN 
codes ex 8525 80 19, ex 8525 80 91, ex 8528 49 10, ex 8528 49 35, ex 8528 49 91, ex 
8528 59 10, ex 8528 59 90, ex 8529 90 92, ex 8529 90 97, ex 8537 10 91, ex 8537 10 
99, ex 8543 70 90 and ex 9002 90 00 (CN codes since 1 January 2007) and originating 
in Japan. 

(7) 

The  notice  of  initiation  defined  the  product  as  certain  camera  systems  originating  in 
Japan consisting of: 

(a) 

a camera head: 

(i)  with integrated viewfinder, viewfinder connection or capability  

(ii)  with  integrated  optical  block,  front  module  or  similar  device  (see 

description below), connection or capability 

(iii)  either in one piece with the camera head and the camera adaptor in one 

housing, or separate; 

(b) 

a camera adaptor. This may or may not be integrated in the camera head; 

(c) 

an  optical  block,  front  module  or  similar  device  with  one  or  more  image 
sensors where the effective diagonal size of the light sensitive scanning area is 
equal to or larger than 6 mm. This may or may not be integrated in the camera 
head; 

(d) 

a camera viewfinder. This may or may not be integrated in the camera head; 

(e) 

(f) 

(g) 

(h) 

a Base station or Camera Control Unit (‘CCU’) connected to the camera by a 
cable or other means such as a wireless connection; 

an Operational Control Panel (‘OCP’) or equivalent device for camera control 
(i.e. for colour adjustment lens opening or iris) of single cameras; 

a  Master  Control  Panel  (‘MCP’)  or  Master  set-up  unit  (‘MSU’)  for  the 
overview and for adjustment of several remote cameras; 

a box lens adaptation unit such as a Large Lens Adapter or SuperXpander that 
enables portable camera systems to be used with box-type lenses. 

4 

OJ C 117, 18.5.2006, p. 8 

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imported either together or separately, and originating in Japan. 

It is not always required that the camera systems consist of all the above components. 

The  above-mentioned  different  components  (not  camera  head)  of  a  camera  system 
cannot  function  separately  and  cannot  be  used  outside  the  camera  system  of  a 
particular producer. 

Lenses and recorders which are not in the same housing with a camera head are not 
covered by the product. 

The  product  concerned  is  susceptible  for  use  in  broadcast,  news  gathering,  digital 
cinematography  or  professional  applications.  Professional  applications  include  (but 
are not limited to) the use of these  systems  for  creating  educational,  entertainment, 
promotional  and  documentary  video  material,  both  for  internal  and  external 
distribution. 

(8) 

(9) 

The product covered by the original measures falls entirely within the above product 
definition. 

Therefore, the Commission, by the same notice, also initiated in accordance to Article 
11(3)  of  the  basic  Regulation  an  interim  review  of  Regulation  (EC)  No  2042/2000. 
The  purpose  of  this  interim  review  was  to  amend  or  repeal  Regulation  (EC)  No 
2042/2000 should it be determined that measures are to be imposed on certain camera 
systems originating in Japan which would consequently also cover television camera 
systems  subject  to  measures  under  Regulation  (EC)  No  2042/2000.  In  this  case,  the 
continued imposition of measures imposed by Regulation (EC) No 2042/2000 would 
not  be  appropriate  anymore  and  Regulation  (EC)  No  2042/2000  would  have  to  be 
amended accordingly. 

(10)  Council  Regulation  (EC)  No  2042/2000  was  due  to  expire  on  29  December  2006. 
Before  this  date  and  as  mentioned  in  recital  (2)  above,  the  Council  extended  the 
definitive anti-dumping measures in force on imports of television camera systems by 
Regulation (EC) No 1910/2006 of 19 December 2006 which entered into force the 22 
December  2006.  The  review  initiated  with  regard  to  Council  Regulation  (EC)  No 
2042/2000  was  therefore  automatically  extended  to  Council  Regulation  (EC)  No 
1910/2006. 

(11)  The  Commission  officially  advised 

the  exporting  producers, 

importers  and 
associations  of  importers  or  exporters  known  to  be  concerned,  the  representatives  of 
the  exporting  country,  users,  suppliers  of  raw  materials,  and  the  complainant 
Community  producer  of  the  initiation  of  the  investigation.  Interested  parties  were 
given the opportunity to make their views known in writing and to request a hearing 
within the time limit set out in the notice of initiation and questionnaires were sent to 
all parties concerned. 

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C. WITHDRAWAL OF THE COMPLAINT, TERMINATION OF THE 
PROCEEDING AND REPEAL OF THE DEFINITIVE ANTI-DUMPING MEASURES 
IN FORCE 

(12)  By  a  letter  of  12  April  2007  to  the  Commission,  Grass  Valley  Nederland  B.V. 
formally withdrew its complaint. With the same letter, Grass Valley also withdrew its 
support  of  the  original  measures  against  imports  of  television  camera  systems 
originating in Japan imposed by  Regulation (EC) No 1910/2006 further  to an expiry 
review in accordance with Article 11(2) of the Basic Regulation.  

(13) 

(14) 

In  accordance  with  Article  9(1)  of  the  basic  Regulation,  the  proceeding  may  be 
terminated where the complaint is withdrawn, unless such termination would not be in 
the Community interest. 

In  this  regard,  the  Commission  by  Decision  (EC)  XXX5  terminated  the  proceeding 
concerning  imports  into  the  Community  of  certain  camera  systems  originating  in 
Japan since the investigation had not brought to light any considerations showing that 
such termination would not be in the Community interest.  

(15)  As mentioned above in recital (8), definitive anti-dumping duties are also in force on 
imports  of  television  camera  systems  originating  in  Japan  which  form  part  of  the 
product scope of the proceeding concerning certain camera systems.  

(16)  As mentioned above in recital (12), the Community industry, by the above mentioned 
letter formally withdrew its support for these measures and requested their repeal. 

(17) 

It  was  therefore  considered  that  the  existing  measures  should  be  repealed,  since  the 
investigation  had  not  brought  to  light  any  considerations  showing  that  such  repeal 
would not be in the Community interest. 

D. CONCLUSION 

(18) 

Interested  parties  were  informed  accordingly  and  were  given  the  opportunity  to 
comment.  No  comments  were  received  indicating  that  the  termination  of  the  interim 
review  and  the  repeal  of  the  anti-dumping  measures  in  force  would  not  be  in  the 
Community interest. 

(19) 

It  is  therefore  concluded  to  terminate  the  present  review  and  to  repeal  the  definitive 
anti-dumping duties in force on imports of television camera systems in Japan. 

HAS ADOPTED THIS REGULATION: 

Article 1 

The review of Council Regulation (EC) No 1910/2006 is hereby terminated and the definitive 
anti-dumping duties imposed on imports of television camera systems originating in Japan by 
Regulation (EC) No 1910/2006 are repealed.  

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OJ L XXX, xxxxx, xx 

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This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

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