CELEX: 51994PC0205
Language: en
Date: 1994-05-19
Title: Proposal for a COUNCIL REGULATION (EC) imposing a definitive anti-dumping duty on imports of large aluminium electrolytic capacitors originating in the Republic of Korea and Taiwan

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       C0M(94) 205 final
                                      Brussels, 19.05.1994
                         Proposal for a
                    COUNCIL REGULATION (EC)
       imposing a definitive anti-dumping duty on imports
           of large aluminium electrolytic capacitors
        originating in the Republic of Korea and Taiwan
                 (presented by the Commission)
 ---pagebreak---                    EXPLANATORY MEMORANPU1
   By Regulation (EC) n° 371/94, published in OJ n° L 48 of 19 February 1994, the
   Commission imposed a provisional anti-dumping duty on imports of large
   aluminium electrolytic capacitors originating in the Republic of Korea and
   Taiwan. In the course of the Commission's investigation, none of the Korean
   producers and only one Taiwanese producer co-operated.
   Following the imposition of the provisional anti-dumping duty, comments were
   received only from the Taipei Economic and Cultural Office and the sole co-
   operating producer, Kaimei Electronic Corp. However, these comments, which
   were not supported by any new evidence, did not warrant a change to the
   preliminary findings. Consequently, the preliminary determination is confirmed.
   Therefore, the weighted average dumping margins definitively established are :
            - Korea                               70.6%
            - Taiwan
                    . Kaimei Electronic Corp.     10.7%
                    . Other companies             75.8%
4. Provisional measures took the form of an anti-dumping duty which was imposed
   for all producers at the level of the dumping margins established, since the level
   to remove injury was higher.
5. It is therefore proposed to impose a definitive anti-dumping duty at the rates equal
   to the dumping margins given above and to collect in full the amounts secured by
   way of the provisional duty.
 ---pagebreak---                                  _ A Q L -
                       COUNCIL REGULATION (EC) n°
                                   Of
           imposing a definitive anti-dumping duty on imports
               of large aluminium electrolytic capacitors
            originating in the Republic of Korea and Taiwan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) n* 2423/88 of 11 July 1988 on
protection against dumped or subsidized imports from countries not
members of the European Economic Community(1)7 and in particular
Article 12 thereof,
Having regard to the proposal submitted by the commission after
consultation within the Advisory Committee,
whereas :
                        A. PROVISIONAL MEASURES
(1)     By Regulation (EC) n* 371/94( 2 ), the Commission imposed a
        provisional anti-dumping duty on imports of large aluminium
        electrolytic capacitors originating in Korea and Taiwan and
        falling within CN code ex 8532 22 00.
(1)     OJ n° L 209, 2. 8. 1988, p. 1
(2)     OJ n" L 48, 19. 2. 1994, p. 10
 ---pagebreak---                              - 2 -
                    B. SUBSEQUENT PROCEDURE
(2) Following the imposition of the provisional anti-dumping duty,
    no comments were submitted to the Commission's services by the
    non-cooperating parties concerned, except a memorandum by
    Taipei Economic and Cultural Office. No parties requested an
    opportunity to be heard by the Commission
(3) The Taiwanese cooperating producer was informed of the
    essential facts and considerations on the basis of which it is
    intended to recommend the imposition of a definitive anti-
    dumping duty and the definitive collection of amounts secured
    by way of provisional duty. This company was also granted a
    period within which to make representations subsequent to the
    disclosure.
        C. PRODUCT UNDER INVESTIGATION AND LIKE PRODUCT
(4) Regarding the product under consideration, the Taipei Economic
    and Cultural Office disputed the commission's preliminary
    determination of dumping and injury in respect of LAECs
    originating in Taiwan. It was argued that the information on
    which this determination was made was doubtful because only a
    few Taiwanese companies manufactured large capacitors subject
    to investigation, and because it was not possible to
    distinguish between small and large capacitors from Community
    import statistics. However, no new evidence was submitted to
    put into question the basis on which the preliminary
    determination was made. In fact, the Commission's verification
    in Taiwan revealed the existence of several producers of large
    capacitors. As regard the like product, no new arguments have
    been presented. The findings of the Commission as set out in
    recitals 7 to 10 of Regulation n* 371/94 are hereby confirmed.
 ---pagebreak---                              - 3 -
                           D. DUMPING
    1. Normal value
(5) No comments were received on the preliminary determination of
    the normal value. Therefore, for the purpose of definitive
    findings, normal value was established on the same basis and
    the same methods as those used in the provisional determination
    of dumping. Recitals 11 to 15 of Regulation (EC) n* 371/94 are
    therefore confirmed.
    2. Export price
(6) No arguments were presented on the preliminary determination of
    the export price. The method used to establish export price, as
    set out in recitals 16 and 17 of Regulation (EC) n* 371/94 is
    hereby confirmed.
    3. Comparison
(7) The cooperating producer disputed some figures regarding
    freight costs and the rejection of an adjustment for salaries
    paid to salesmen, but no evidence was received to warrant a
    change in the commission's provisional findings and
    conclusions. The findings and conclusions set out in recitals
    18 and 19 of Regulation (EC) n° 371/94 are therefore confirmed.
 ---pagebreak---                                 4 -
     4. Dumping margins
(8)  No further arguments were submitted on the methodology used by
     the Commission in its preliminary determination.
     Therefore, the weighted average dumping margins definitively
     established and expressed as a percentage of the free-at-
     Community-frontier price, are as follows :
     Korea :                      70.6%
     Taiwan
     - Kaimei Electronic corp. : 10.7%
     - Other Companies :          75.8%
                      E. COMMUNITY INDUSTRY
(9)  No arguments were presented regarding the definition of the
     Community industry. The findings of the Commission as set out
     in recitals 22 and 23 of Regulation (EC) n° 371/94 are hereby
     confirmed.
                            F. INJURY
(10) No new arguments were put forward to modify the Commission's
     preliminary conclusion on injury. Therefore, the findings and
     conclusion, as set out in recitals 24 to 42 of Regulation (EC)
     n* 371/94, are confirmed.
 ---pagebreak---                                - 5 -
                      G. CAUSATION OF INJURY
(11) No arguments were presented to dispute the Commission's
     preliminary conclusions on the effect of the dumped imports on
     the Community industry, as set out  in recital 44 to 47 of
     Regulation (EC) n* 371/94. Therefore, the Commission's
     conclusions are confirmed.
                      H. COMMUNITY INTEREST
(12) As set out in recitals 49 to 51 of Regulation (EC) n* 371/94,
     the interests of the Community industry and of the end-users
     were considered. As no new arguments were put forward in this
     connection, the findings of Regulation (EC) n* 371/94 in this
     respect are confirmed.
                              I. DUTY
(13) Provisional measures took the form of an anti-dumping duty. The
     rates were set at the level of the dumping margins found since,
     as set out in recital 53 of Regulation (EC) 371/94, the level
     necessary to remove injury was higher.
     As no new arguments were put forward in this respect, a
     definitive duty should be established at the levels of the
     dumping margins definitively determined in recital 8 of this
     Regulation.
 ---pagebreak---                                   - 6 -
                 J. COLLECTION OF THE PROVISIONAL DUTIES
(14)     in view of the dumping margins established and the material
         injury caused to the Community Industry, it is considered
         necessary that the amounts secured by way of the provisional
         anti-dumping duty should be definitively collected,
HAS ADOPTED THIS REGULATION :
                                ARTICLE I
   A definitive anti-dumping duty is hereby imposed on imports of large
   electrical capacitors, non-solid, aluminium electrolytic with a CV
   product (capacitance multiplied by rated voltage) between 8 000 and
   550 000 uc (micro-coulombs) at a voltage of 160 V or more, falling
   within CN code ex 8532 22 00 (Taric codes : 8532 22 00*11, 8532 22
   00*13, 8532 22 00*91, 8532 22 00*93), and originating in the
   Republic of Korea and Taiwan.
2. The rate of duty applicable to the net free-at-Community-frontier
   price, before duty, shall be as follows :
   Korea   : All companies           70.6%
   Taiwan : Kaimei Electronic Corp. 10.7% (additional Taric code 8773)
             other companies         75.8% (additional Taric code 8774)
3. The provisions in force concerning customs duties shall apply.
 ---pagebreak---                                  - 7-
                               ARTICLE 2
   The amounts secured by way of the provisional anti-dumping duty
   pursuant to Regulation (EC) n' 371/94 shall be definitively
   collected in full.
                               ARTICLE 3
   This Regulation shall enter into force on the day following its
   publication in the Official Journal of the European communities
This Regulation shall be binding in its entirety and directly
applicable in all Member States.
Done at Brussels,
                                           For the Council
                                            The President
 ---pagebreak---                                             o—
                                                                     ISSN 0254-1475
                                                              COM (94) 205 final
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