CELEX: 32005R1454
Language: en
Date: 2005-09-02 00:00:00
Title: Council Regulation (EC) No 1454/2005 of 2 September 2005 amending the Annex to Regulation (EC) No 2042/2000 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan

8.9.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 231/1
            
         
      COUNCIL REGULATION (EC) No 1454/2005
   of 2 September 2005
   amending the Annex to Regulation (EC) No 2042/2000 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan
   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 Community (1) (the basic Regulation),
   Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
   Whereas:
   A.   PREVIOUS PROCEDURES
   
               (1)
            
            
               The Council, by Regulation (EC) No 1015/94 (2), imposed a definitive anti-dumping duty on imports of television camera systems (‘TCS’) originating in Japan.
            
         
               (2)
            
            
               In Article 1(3)(e) of Regulation (EC) No 1015/94, the Council specifically excluded from the scope of the anti-dumping duty camera systems listed in the Annex to that Regulation (‘the Annex’), representing high-end professional camera systems technically falling within the product definition under Article 1(2) of Regulation (EC) No 1015/94, but which cannot be regarded as television camera systems.
            
         
               (3)
            
            
               In October 1995, the Council, by Regulation (EC) No 2474/95 (3), amended Regulation (EC) No 1015/94, in particular as regards the definition of the like product and as regards certain models of professional camera systems which were explicitly exempted from the definitive anti-dumping duty.
            
         
               (4)
            
            
               In October 1997, the Council, by Regulation (EC) No 1952/97 (4), amended the rates of the definitive anti-dumping duty for two companies concerned, namely for Sony Corporation and Ikegami Tsushinki Co. Ltd, pursuant to Article 12 of the basic Regulation. Furthermore, the Council specifically excluded from the scope of the anti-dumping duty certain new models of professional camera systems by adding them to the Annex.
            
         
               (5)
            
            
               In January 1999 and January 2000, the Council, by Regulations (EC) No 193/1999 (5) and (EC) No 176/2000 (6), amended Regulation (EC) No 1015/94 by adding certain successor models of professional camera systems to the Annex and thus excluding those from the application of the definitive anti-dumping duty.
            
         
               (6)
            
            
               In September 2000, the Council, by Regulation (EC) No 2042/2000 (7), confirmed the definitive anti-dumping duties imposed by Regulation (EC) No 1015/94 pursuant to Article 11(2) of the basic Regulation.
            
         
               (7)
            
            
               In January 2001 and in May 2001, the Council, by Regulations (EC) No 198/2001 (8) and (EC) No 951/2001 (9), amended Regulation (EC) No 2042/2000 by adding certain successor models of professional camera systems to the Annex to Regulation (EC) No 2042/2000 and thus excluding them from the application of the definitive anti-dumping duty.
            
         
               (8)
            
            
               In September 2001, further to an interim review pursuant to Article 11(3) of the basic Regulation, the Council, by Regulation (EC) No 1900/2001 (10) confirmed the level of the definitive anti-dumping duty imposed by Regulation (EC) No 2042/2000 on imports of TCS from the exporting producer Hitachi Denshi Ltd.
            
         
               (9)
            
            
               In September 2002 and April 2004, the Council, by Regulations (EC) No 1696/2002 (11) and (EC) No 825/2004 (12), amended Regulation (EC) No 2042/2000 by adding certain successor models of professional camera systems to the Annex to Regulation (EC) No 2042/2000 and thus excluding them from the application of the definitive anti-dumping duty.
            
         
               (10)
            
            
               In January 2005, the Council, by Regulation (EC) No 84/2005 amended Regulation (EC) No 2042/2000 by adding two models of professional camera systems to the Annex to Regulation (EC) No 2042/2000 and thus excluding them from the application of the definitive anti-dumping duty.
            
         B.   INVESTIGATION CONCERNING NEW MODELS OF PROFESSIONAL CAMERA SYSTEMS
   1.   Procedure
   
               (11)
            
            
               Three Japanese exporting producers, namely Ikegami Tsushinki Co. Ltd (‘Ikegami’), Hitachi Denshi (Europa) GmbH (‘Hitachi’) and Matsushita informed the Commission that they intended to introduce new models of professional camera systems into the Community market and requested the Commission to add these new models, including their accessories, to the Annex to Regulation (EC) No 2042/2000 and thus exempt them from the scope of the anti-dumping duties.
            
         
               (12)
            
            
               The Commission informed the Community industry accordingly and began an investigation limited to the determination of whether the products under consideration fall within the scope of the anti-dumping duties and whether the operational part of Regulation (EC) No 2042/2000 should be amended accordingly.
            
         2.   Models under investigation
   
               (13)
            
            
               The requests for exemption were received for the following models of camera systems, supplied with the relevant technical information:
               
                           (i)
                        
                        
                           
                              Ikegami:
                           
                           
                                       —
                                    
                                    
                                       Camera heads HC-500 and HC-500W;
                                    
                                 
                     
                           (ii)
                        
                        
                           
                              Hitachi:
                           
                           
                                       —
                                    
                                    
                                       Camera head V-35;
                                    
                                 
                                       —
                                    
                                    
                                       Camera control unit RU-Z35;
                                    
                                 
                                       —
                                    
                                    
                                       Camera adaptor CA-Z35;
                                    
                                 
                                       —
                                    
                                    
                                       Camera adaptor EA-Z35;
                                    
                                 
                     
                           (iii)
                        
                        
                           
                              Matsushita:
                           
                           
                                       —
                                    
                                    
                                       Camera head AW-E860L.
                                    
                                 
                     All models were presented as successors to models already excluded from the anti-dumping measures in force.
            
         3.   Findings
   (i)   Camera heads HC-500 and HC-500W
   
               (14)
            
            
               It was found that camera heads HC-500 and HC-500W fall under the product description of Article 1(2)(a) of Regulation (EC) No 2042/2000. However, these models are mainly used for professional applications. The Community industry claimed that these camera heads could be used for broadcast purposes in connection with the correspondent triax system and/or triax adaptor. Nevertheless, on the basis of the information available and as for its predecessor models, it was found the camera heads HC-500 and HC-500W are not sold with the corresponding triax system or adaptor on the Community market. Consequently, on this market, these models were not used as broadcast cameras within the meaning of Regulation (EC) No 2042/2000. Therefore, in accordance with the Community institution’s prior practice, it was concluded that these cameras should be regarded as professional camera systems falling within the definition of Article 1(3)(e) of Regulation (EC) No 2042/2000. As a result, these models should be excluded from the scope of the existing anti-dumping measures and added to the Annex to Regulation (EC) No 2042/2000.
            
         
               (15)
            
            
               In accordance with the established Community institutions’ practice, these models should be exempted from the anti-dumping duty from the date of receipt by the Commission services of the relevant request for exemption. Therefore, all imports of the following cameras imported on or after 28 October 2004 should be exempted from the anti-dumping duty from this date:
               Ikegami — Camera heads HC-500 and HC-500W;
            
         (ii)   Camera head V-35, camera control unit RU-Z35 and camera adaptors CA-Z35 and EA-Z35
   
               (16)
            
            
               It was found that camera head V-35, base station RU-Z35 and adaptors CA-Z35 and EA-Z35 fall within the product description of Article 1(2)(a) of Regulation (EC) No 2042/2000. However, they are mainly used for professional applications and are not sold with the corresponding triax system or adaptor on the Community market. Therefore, it was concluded that they should be regarded as a professional camera system falling within the definition of Article 1(3)(e) of Regulation (EC) No 2042/2000. As a result, this system (head, base station and adaptors) and its accessories should be excluded from the scope of the existing anti-dumping measures and added to the Annex to Regulation (EC) No 2042/2000.
            
         
               (17)
            
            
               In accordance with the established Community institutions’ practice, this television camera system should be exempted from the anti-dumping duty from the date of receipt by the Commission services of the relevant request for exemption. Therefore, all imports of the following camera and its accessories imported on or after 27 January 2005 should be exempted from the anti-dumping duty from this date:
               
                            
                        
                        
                           Hitachi — colour camera head V-35,
                        
                     
                            
                        
                        
                           Camera control unit RU-Z35,
                        
                     
                            
                        
                        
                           Camera adaptors CA-Z35 and EA-Z35
                        
                     
         (iii)   Camera head AW-E860L
   
               (18)
            
            
               It was found that camera head AW-E860L was almost identical to its predecessor models already listed in the Annex to Regulation (EC) No 2042/2000. The new model was merely a technical update with regard to new environmental requirements in the Community. Therefore, it was concluded that this model should be excluded from the scope of the existing anti-dumping measures.
            
         
               (19)
            
            
               In accordance with the established Community institutions’ practice, this television camera system should be exempted from the anti-dumping duty from the date of receipt by the Commission services of the relevant request for exemption. Therefore, all imports of the following camera imported on or after 10 May 2005 should be exempted from the anti-dumping duty from this date:
               Matsushita — Camera head AW-E860L.
            
         4.   Information of the interested parties and conclusions
   
               (20)
            
            
               The Commission informed the Community industry and the exporters of the TCS of its findings and provided them with an opportunity to present their views. None of the parties objected to the Commission’s findings.
            
         
               (21)
            
            
               On the basis of the foregoing, Regulation (EC) No 2042/2000 should be amended accordingly,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EC) No 2042/2000 shall be replaced by the text in the Annex hereto.
   Article 2
   1.   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   2.   This Regulation shall apply to imports of the following models produced and exported to the Community by the following exporting producers:
   
               (a)
            
            
               Ikegami Tsushinki Co. Ltd from 28 October 2004:
               
                           —
                        
                        
                           Camera head HC-500;
                        
                     
                           —
                        
                        
                           Camera head HC-500W.
                        
                     
         
               (b)
            
            
               Hitachi Denshi (Europa) GmbH from 27 January 2005:
               
                           —
                        
                        
                           Camera head V-35;
                        
                     
                           —
                        
                        
                           Camera control unit RU-Z35;
                        
                     
                           —
                        
                        
                           Camera adaptor CA-Z35;
                        
                     
                           —
                        
                        
                           Camera adaptor EA-Z35.
                        
                     
         
               (c)
            
            
               Matsushita from 10 May 2005:
               
                           —
                        
                        
                           Camera head AW-E860L.
                        
                     
         
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 September 2005.
      
         
            For the Council
         
         
            The President
         
         J. STRAW
         
      
   
   
      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).
   
      (2)  OJ L 111, 30.4.1994, p. 106. Regulation as last amended by Regulation (EC) No 176/2000 (OJ L 22, 27.1.2000, p. 29).
   
      (3)  OJ L 255, 25.10.1995, p. 11.
   
      (4)  OJ L 276, 9.10.1997, p. 20.
   
      (5)  OJ L 22, 29.1.1999, p. 10.
   
      (6)  OJ L 22, 27.1.2000, p. 29. Regulation as amended by Regulation (EC) No 1754/2004 (OJ L 313, 12.10.2004, p. 1).
   
      (7)  OJ L 244, 29.9.2000, p. 38. Regulation as last amended by Regulation (EC) No 84/2005 (OJ L 19, 21.1.2005, p. 9).
   
      (8)  OJ L 30, 1.2.2001, p. 1.
   
      (9)  OJ L 134, 17.5.2001, p. 18.
   
      (10)  OJ L 261, 29.9.2001, p. 3.
   
      (11)  OJ L 259, 27.9.2002, p. 1.
   
      (12)  OJ L 127, 29.4.2004, p. 12.
   
      ANNEX
      
         
            ‘ANNEX
            List of professional camera systems not qualified as television camera systems (broadcast camera systems) which are exempted from the measures
            
                        Company name
                     
                     
                        Camera heads
                     
                     
                        Viewfinder
                     
                     
                        Camera control unit
                     
                     
                        Operational control unit
                     
                     
                        Master control unit
                     
                     
                        Camera adapters
                     
                  
                        Sony
                     
                     
                        DXC-M7PK
                        DXC-M7P
                        DXC-M7PH
                        DXC-M7PK/1
                        DXC-M7P/1
                        DXC-M7PH/1
                        DXC-327PK
                        DXC-327PL
                        DXC-327PH
                        DXC-327APK
                        DXC-327APL
                        DXC-327AH
                        DXC-537PK
                        DXC-537PL
                        DXC-537PH
                        DXC-537APK
                        DXC-537APL
                        DXC-537APH
                        EVW-537PK
                        EVW-327PK
                        DXC-637P
                        DXC-637PK
                        DXC-637PL
                        DXC-637PH
                        PVW-637PK
                        PVW-637PL
                        DXC-D30PF
                        DXC-D30PK
                        DXC-D30PL
                        DXC-D30PH
                        DSR-130PF
                        DSR-130PK
                        DSR-130PL
                        PVW-D30PF
                        PVW-D30PK
                        PVW-D30PL
                        DXC-327BPF
                        DXC-327BPK
                        DXC-327BPL
                        DXC-327BPH
                        DXC-D30WSP (2)
                        
                        DXC-D35PH (2)
                        
                        DXC-D35PL (2)
                        
                        DXC-D35PK (2)
                        
                        DXC-D35WSPL (2)
                        
                        DSR-135PL (2)
                        
                     
                     
                        DXF-3000CE
                        DXF-325CE
                        DXF-501CE
                        DXF-M3CE
                        DXF-M7CE
                        DXF-40CE
                        DXF-40ACE
                        DXF-50CE
                        DXF-601CE
                        DXF-40BCE
                        DXF-50BCE
                        DXF-701CE
                        DXF-WSCE (2)
                        
                        DXF-801CE (2)
                        
                        HDVF-C30W
                     
                     
                        CCU-M3P
                        CCU-M5P
                        CCU-M7P
                        CUU-M5AP (2)
                        
                     
                     
                        RM-M7G
                        RM-M7E (2)
                        
                     
                     
                        —
                     
                     
                        CA-325P
                        CA-325AP
                        CA-325B
                        CA-327P
                        CA-537P
                        CA-511
                        CA-512P
                        CA-513
                        VCT-U14 (2)
                        
                     
                  
                        Ikegami
                     
                     
                        HC-340
                        HC-300
                        HC-230
                        HC-240
                        HC-210
                        HC-390
                        LK-33
                        HDL-30MA
                        HDL-37
                        HC-400 (2)
                        
                        HC-400W (2)
                        
                        HDL-37E
                        HDL-10
                        HDL-40
                        HC-500 (2)
                        
                        HC-500W (2)
                        
                     
                     
                        VF15-21/22
                        VF-4523
                        VF15-39
                        VF15-46 (2)
                        
                        VF5040 (2)
                        
                        VF5040W (2)
                        
                     
                     
                        MA-200/230
                        MA-200A (2)
                        
                        MA-400 (2)
                        
                        CCU-37
                        CCU-10
                     
                     
                        RCU-240
                        RCU-390 (2)
                        
                        RCU-400 (2)
                        
                        RCU-240A
                     
                     
                        —
                     
                     
                        CA-340
                        CA-300
                        CA-230
                        CA-390
                        CA-400 (2)
                        
                        CA-450 (2)
                        
                     
                  
                        Hitachi
                     
                     
                        SK-H5
                        SK-H501
                        DK-7700
                        DK-7700SX
                        HV-C10
                        HV-C11
                        HV-C10F
                        Z-ONE (L)
                        Z-ONE (H)
                        Z-ONE
                        Z-ONE A (L)
                        Z-ONE A (H)
                        Z-ONE A (F)
                        Z-ONE A
                        Z-ONE B (L)
                        Z-ONE B (H)
                        Z-ONE B (F)
                        Z-ONE B
                        Z-ONE B (M)
                        Z-ONE B (R)
                        FP-C10 (B)
                        FP-C10 (C)
                        FP-C10 (D)
                        FP-C10 (G)
                        FP-C10 (L)
                        FP-C10 (R)
                        FP-C10 (S)
                        FP-C10 (V)
                        FP-C10 (F)
                        FP-C10
                        FP-C10 A
                        FP-C10 A (A)
                        FP-C10 A (B)
                        FP-C10 A (C)
                        FP-C10 A (D)
                        FP-C10 A (F)
                        FP-C10 A (G)
                        FP-C10 A (H)
                        FP-C10 A (L)
                        FP-C10 A (R)
                        FP-C10 A (S)
                        FP-C10 A (T)
                        FP-C10 A (V)
                        FP-C10 A (W)
                        Z-ONE C (M)
                        Z-ONE C (R)
                        Z-ONE C (F)
                        Z-ONE C
                        HV-C20
                        HV-C20M
                        Z-ONE-D
                        Z-ONE-D (A)
                        Z-ONE-D (B)
                        Z-ONE-D (C)
                        Z-ONE-DA (2)
                        
                        V-21 (2)
                        
                        V-21W (2)
                        
                        V-35 (2)
                        
                     
                     
                        GM-5 (A)
                        GM-5-R2 (A)
                        GM-5-R2
                        GM-50
                        GM-8A (2)
                        
                        GM-9 (2)
                        
                        GM-51 (2)
                        
                     
                     
                        RU-C1 (B)
                        RU-C1 (D)
                        RU-C1
                        RU-C1-S5
                        RU-C10 (B)
                        RU-C10 (C)
                        RC-C1
                        RC-C10
                        RU-C10
                        RU-Z1 (B)
                        RU-Z1 (C)
                        RU-Z1
                        RC-C11
                        RU-Z2
                        RC-Z1
                        RC-Z11
                        RC-Z2
                        RC-Z21
                        RC-Z2A (2)
                        
                        RC-Z21A (2)
                        
                        RU-Z3 (2)
                        
                        RC-Z3 (2)
                        
                        RU-Z35 (2)
                        
                     
                     
                        —
                     
                     
                        —
                     
                     
                        CA-Z1
                        CA-Z2
                        CA-Z1SJ
                        CA-Z1SP
                        CA-Z1M
                        CA-Z1M2
                        CA-Z1HB
                        CA-C10
                        CA-C10SP
                        CA-C10SJA
                        CA-C10M
                        CA-C10B
                        CA-Z1A (2)
                        
                        CA-Z31 (2)
                        
                        CA-Z32 (2)
                        
                        CA-ZD1 (2)
                        
                        CA-Z35 (2)
                        
                        EA-Z35 (2)
                        
                     
                  
                        Matsushita
                     
                     
                        WV-F700
                        WV-F700A
                        WV-F700SHE
                        WV-F700ASHE
                        WV-F700BHE
                        WV-F700ABHE
                        WV-F700MHE
                        WV-F350
                        WV-F350HE
                        WV-F350E
                        WV-F350AE
                        WV-F350DE
                        WV-F350ADE
                        WV-F500HE (1)
                        
                        WV-F565HE
                        AW-F575HE
                        AW-E600
                        AW-E800
                        AW-E800A
                        AW-E650
                        AW-E655
                        AW-E750
                        
                           AW-E860L
                        
                     
                     
                        WV-VF65BE
                        WV-VF40E
                        WV-VF39E
                        WV-VF65BE (1)
                        
                        WV-VF40E (1)
                        
                        WV-VF42E
                        WV-VF65B
                        AW-VF80
                     
                     
                        WV-RC700/B
                        WV-RC700/G
                        WV-RC700A/B
                        WV-RC700A/G
                        WV-RC36/B
                        WV-RC36/G
                        WV-RC37/B
                        WV-RC37/G
                        WV-CB700E
                        WV-CB700AE
                        WV-CB700E (1)
                        
                        WV-CB700AE (1)
                        
                        WV-RC700/B (1)
                        
                        WV-RC700/G (1)
                        
                        WV-RC700A/B (1)
                        
                        WV-RC700A/G (1)
                        
                        WV-RC550/G
                        WV-RC550/B
                        WV-RC700A
                        WV-CB700A
                        WV-RC550
                        WV-CB550
                        AW-RP501
                        AW-RP505
                     
                     
                        —
                     
                     
                        —
                     
                     
                        WV-AD700SE
                        WV-AD700ASE
                        WV-AD700ME
                        WV-AD250E
                        WV-AD500E (1)
                        
                        AW-AD500AE
                        AW-AD700BSE
                     
                  
                        JVC
                     
                     
                        KY-35E
                        KY-27ECH
                        KY-19ECH
                        KY-17FITECH
                        KY-17BECH
                        KY-F30FITE
                        KY-F30BE
                        KY-F560E
                        KY-27CECH
                        KH-100U
                        KY-D29ECH
                        KY-D29WECH (2)
                        
                     
                     
                        VF-P315E
                        VF-P550E
                        VF-P10E
                        VP-P115E
                        VF-P400E
                        VP-P550BE
                        VF-P116E
                        VF-P116WE (2)
                        
                        VF-P550WE (2)
                        
                     
                     
                        RM-P350EG
                        RM-P200EG
                        RM-P300EG
                        RM-LP80E
                        RM-LP821E
                        RM-LP35U
                        RM-LP37U
                        RM-P270EG
                        RM-P210E
                     
                     
                        —
                     
                     
                        —
                     
                     
                        KA-35E
                        KA-B35U
                        KA-M35U
                        KA-P35U
                        KA-27E
                        KA-20E
                        KA-P27U
                        KA-P20U
                        KA-B27E
                        KA-B20E
                        KA-M20E
                        KA-M27E
                     
                  
                        Olympus
                     
                     
                        MAJ-387N
                        MAJ-387I
                     
                     
                         
                     
                     
                        OTV-SX 2
                        OTV-S5
                        OTV-S6
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                  
                        Camera OTV-SX
                     
                  
      
      
         (1)  Also called master set up unit (MSU) or master control panel (MCP).
      
         (2)  Models exempted under the condition that the corresponding triax system or triax-adapter is not sold on the Community market.’