Council Regulation (EC) No 1293/2007 of 30 October 2007 repealing the anti-dumping duties imposed by Regulation (EC) No 1050/2002 on imports of recordable compact discs originating in Taiwan and allowing for their repayment or remission and repealing the countervailing duties imposed by Regulation (EC) No 960/2003 on imports of recordable compact discs originating in India, allowing for their repayment or remission and terminating the proceeding in their respect
Date: 2007-10-30
Institutions: Council of the European Union
Subjects: CCT duties, Taiwan, anti-dumping duty, countervailing charge, import, originating product, record, recording medium

6.11.2007

EN

Official Journal of the European Union

L 288/17

COUNCIL REGULATION (EC) No 1293/2007

of 30 October 2007

repealing the anti-dumping duties imposed by Regulation (EC) No 1050/2002 on imports of
recordable compact discs originating in Taiwan and allowing for their repayment or remission
and repealing the countervailing duties imposed by Regulation (EC) No 960/2003 on imports of
recordable compact discs originating in India, allowing for their repayment or remission and
terminating the proceeding in their respect

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

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 Community (1)
(the
basic anti-dumping Regulation), and in particular Article 11(3)
thereof,

Having regard to Council Regulation (EC) No 2026/97 of 6
October 1997 on protection against subsidised imports from
countries not members of the European Community (the basic
anti-subsidy Regulation) (2), and in particular Article 19 thereof,

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

Whereas:

A. PROCEDURE

(1)

1. Measures in force and subject of the review

Definitive anti-dumping duties applicable to imports of
recordable compact discs originating in Taiwan were
imposed on 18 June 2002 by Council Regulation
(EC) No 1050/2002 of 13 June 2002 imposing a defi-
nitive anti-dumping duty and collecting definitively the
recordable
provisional duty imposed on imports of
compact discs originating in Taiwan (3)
(the original
anti-dumping proceeding). They ranged from 17,7 % to
38,5 %. These measures lapsed ipso iure on 18 June 2007
in accordance with the Commission Notice of the expiry
of certain anti-dumping measures (4).

(2)

Definitive countervailing duties on imports of recordable
compact discs (CD-Rs) from India were imposed on 5
June 2003 by Council Regulation (EC) No 960/2003 of

(1) 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).

(2) OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu-

lation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(3) OJ L 160, 18.6.2002, p. 2.
(4) OJ C 130, 12.6.2007, p. 17.

2 June 2003 imposing a definitive countervailing duty on
recordable compact discs originating in
imports of
India (5)
(the original anti-subsidy proceeding). They
amounted to 7,3 %.

2. Previous investigations concerning imports of
CD-Rs from the People’s Republic of China,
Hong Kong and Malaysia

the

Decision

2006/753/EC (6),

Commission
By
terminated an anti-dumping proceeding
concerning
imports of CD-Rs originating in the People's Republic
of China (PRC), Hong Kong, and Malaysia on grounds
in the imposition of
of
lack of Community interest
It was concluded
measures (the termination Decision).
that due to its
share the Community
likely to obtain any significant
industry was not
benefits from the imposition of measures. The imposition
of measures was thus considered disproportionate in
view of
the substantial negative effects on importers,
distributors, retailers and consumers.

low market

3. Initiation of a review

The initiation of a partial
interim review of the anti-
dumping measures applicable to imports of recordable
compact discs originating in Taiwan and of a partial
interim review of the countervailing measures applicable
to imports of recordable compact discs originating in
India was announced on 22 March 2007 in the Official
Journal of the European Union (the notice of initiation) (7).

reviews,

initiated on the Commission’s own
The
initiative, were both limited in scope to the examination
of the Community interest, with the decision thereon
possibly having retroactive effect as of 5 November
2006, i.e. the date of entering into force of the termi-
nation Decision. For the purposes of procedural effi-
ciency,
reviews of both anti-dumping duties
applicable to imports of CD-Rs from Taiwan and of
countervailing duties applicable to imports of CD-Rs
from India were combined in one investigation.

the

(3)

(4)

(5)

(5) OJ L 138, 5.6.2003, p. 1.
(6) Commission Decision 2006/753/EC of 3 November 2006 ter-
minating the anti-dumping proceeding concerning imports of
(CD+/-R) originating in the People's
recordable compact discs
Republic of China, Hong Kong and Malaysia
(OJ L 305,
4.11.2006, p. 15).

(7) OJ C 66, 22.3.2007, p. 16.

L 288/18

EN

Official Journal of the European Union

6.11.2007

(6)

(7)

(8)

(9)

above,

anti-dumping measures
the
As mentioned
imposed on imports originating in Taiwan lapsed on
18 June 2007. As a consequence, the review concerning
Taiwan has been discontinued. However, it was formally
the Commission
date
that
conducted
considered most notably the question of
retroactive
repealing of duties paid between 5 November 2006
and 18 June 2007.

until

and

Due to the need for procedural efficiency and in order to
ensure overall consistency of its actions, the Commission
combined the conclusions of both reviews in the present
Regulation.

4. Parties concerned by the proceeding

The Commission officially advised the Community
producers, importers and users as well as exporters and
representatives of India and Taiwan of the initiation of
the proceeding. All
interested parties were given an
opportunity to make their views known in writing and
to request a hearing within the time limit set in the
notice of
the reviews
initiation. Due to the fact that
have been limited to aspects of Community interest,
the Commission invited only parties
located in the
importers and
i.e. Community producers,
Community,
users, to fill in the questionnaires. Questionnaire replies
were received from one producer, 14 importers, and 10
users.

letter

The Commission also received a
from the
Committee of European CD-R Manufacturers (CECMA),
which represented the complainant in the original anti-
dumping and anti-subsidy proceedings
and in the
proceedings concluded by the termination Decision —
as well as a letter from the former representative of the
company D as identified in the termination Decision.

(10)

Further, the Commission's services received submissions
from other interested parties, most notably distributors
and suppliers of an Indian exporter.

(11)

The Commission's services duly analysed all submissions
forward by the interested parties.
and arguments put
Given the state of Community production, however,
the conclusions of the present review will be limited to
the identification of the Community industry.

5. Investigation period

(12)

The investigation of aspects of Community interest
covered the period from 1 January 2006 to 31
December 2006 (investigation period or IP). The exam-
ination of
assessment of
Community interest covered the period from 1 January
2003 to the end of
the investigation period (period
considered).

relevant

trends

the

for

(13)

(14)

(15)

(16)

(17)

6. Product concerned and like product

6.1. Product concerned

The product under review is recordable compact discs
(CD-Rs) originating in India (the product concerned),
currently classifiable within CN code ex 8523 40 11.
This CN code is given only for information.

The same product originating in Taiwan was under
review between 22 March 2007 when the notice of
initiation was published and 18 June 2007 when the
anti-dumping duties applicable to imports of CD-Rs
from Taiwan lapsed.

The product concerned is polycarbonate disc, which is
coated with a layer of dye, a layer of reflective material
and a protective layer. Although recording on such discs
can be done in several steps, the recorded information
cannot be erased. The disc is an optical storage medium
for digital data or sound.

CD-Rs can be distinguished according to the type of data
stored (data CD-Rs versus music CD-Rs),
the storage
capacity, the reflective metal
layer and whether or not
the CD-Rs are printed upon. All types of CD-Rs share the
same physical and technical characteristics and are used
for the same purposes. Therefore they are considered to
constitute a single product.

6.2. Like product

framework of

In the
the present proceedings no
comments were made challenging the comparability of
the CD-Rs imported to or produced in the Community.
On these grounds all types of CD-Rs originating in India
or Taiwan and produced in the Community are
considered to be alike within the meaning of Article
1(4) of the basic anti-dumping Regulation and Article
1(5) of the basic anti-subsidy Regulation.

B. COMMUNITY PRODUCTION AND COMMUNITY
INDUSTRY

1. Community production and Community industry
in the proceedings concluded by the termination
Decision

(18)

In these proceedings (see recital 28, and 58 et seq. of the
termination Decision), the Commissions services estab-
lished that Community production within the meaning
of Article 4(1) of the basic Regulation was constituted by
10 producers. Only one of
them was considered to
constitute the Community industry within the meaning
of Article 4(1) and Article 5(4) of the basic anti-dumping
Regulation (Manufacturing Advanced Media (MAM-E)).

6.11.2007

EN

Official Journal of the European Union

L 288/19

2. Community production and Community industry

in the current proceedings

(19) None of

the producers deemed to constitute

the
Community production in the termination Decision
cooperated in the current proceeding.

(20)

Further, the Commission received evidence that the sole
company constituting the Community industry in the
termination Decision
proceeding which led to the
underwent liquidation proceedings. This was confirmed
in the letter
representative. The
Commission also received a copy of a court decision
commencing the liquidation proceedings, whereby the
activities of the company ceased. The questionnaire sent
out by the Commission was returned with the annotation
— liquidation judiciaire.

sent by its

former

(21)

In addition, although CECMA stated that it supported the
continued imposition of measures, it did not submit any
questionnaire or evidence on behalf of any Community
producer — member of the association.

(22) Another company (Company A, as identified in the
termination Decision) informed the Commission that it
had ceased production in the Community.

(23)

Finally,
the Commission received also a reply from
Company B (as identified in the termination Decision).
No evidence was presented that would contradict the
i.e. that
findings set out in the termination Decision,
company B should not be included in the definition of
the Community industry and that its production should
be
definition of Community
production (see recital 40 of the termination Decision).

from the

excluded

(24) On these grounds it

there is no
remaining Community industry, and consequently no
Community interest.

is concluded that

the countervailing measures applicable to imports of
CD-Rs originating in India should be repealed with a
retroactive effect to the date of entering into force of
the termination Decision.

(26)

Consequently, the definitive anti-dumping duties paid or
entered in the accounts pursuant to Regulation (EC) No
1050/2002 on imports of CD-Rs originating in Taiwan
and the definitive countervailing duties paid or entered
into account pursuant to Regulation (EC) No 960/2003
on imports of CD-Rs originating in India, and released
for free circulation as from 5 November 2006 should be
repaid or remitted.

(27)

Repayment or remission must be requested from national
customs
in accordance with applicable
customs legislation,

authorities

HAS ADOPTED THIS REGULATION:

Article 1

The anti-dumping duties on imports of recordable compact
discs (CD-Rs) originating in Taiwan imposed by Regulation
(EC) No 1050/2002 and the countervailing duties on imports
of
(CD-Rs) originating in India
imposed by Regulation (EC) No 960/2003 are hereby repealed.

recordable compact discs

Article 2

The anti-subsidy proceedings concerning imports of CD-Rs
originating in India are hereby terminated.

Article 3

C. RETROACTIVE APPLICATION

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

(25)

In view of the above findings, the anti-dumping measures
applicable to imports of CD-Rs originating in Taiwan and

Article 1 shall apply from 5 November 2006.

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

Done at Luxembourg, 30 October 2007.

For the Council
The President

F. NUNES CORREIA