CELEX: 51992PC0083
Language: en
Date: 1992-03-05
Title: Proposal for a COUNCIL REGULATION ( EEC ) amending Regulation ( EEC ) No 112/90 imposing a definitive anti-dumping duty on imports of certain compact disc player originating in Japan and the Republic of Korea

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(92) 83 final
                                            Brussels, 5 March 1992
                             Proposal for a
                        COUNCIL REGULATION (EEC)
    amending Regulation (EEC) No 112/90 imposing a definitive
       ant I-dumping duty on imports of certain compact disc
      player originating in Japan and the Republic of Korea
                     (presented by the Commission)
 ---pagebreak---                                                            l/91/92-EN
                             Explanatory memorandum
1.  Council Regulation (EEC) No 112/90 Imposed definitive anti-dumping
duties on imports of certain compact disc players originating In Japan and
the Republic of Korea and falling within Taric code 8519991010.
2.  One of the Member States has drawn the Commission's attention to the
fact that Article 1(1) of Regulation (EEC) No 112/90, In conjunction with
the customs rules In force on compact disc players Incorporated in a
"rack", might have consequences which were not desired by the Council when
It adopted the Regulation.     Firstly, compact disc players which are not
regarded as conferring Its main characteristic on the "rack" In which they
are incorporated would escape the anti-dumping duty because they are
classified In a code other than Taric code 8519991010 and, consequently,
would fall outside the scope of the Regulation.     Secondly, where a "rack"
is assumed to derive Its principal characteristic from the compact disc
player, the relevant anti-dumping duty is based on the total value of the
rack and not, as provided In the Regulation, just on the value of the
compact disc player component alone.
3.   In order to correct this anomaly the Commission proposes that
Regulation No 112/90 should be amended so as to give full effect to the
Council's Intentions when It adopted that Regulation.     This would mean:
   (1)   bringing compact disc players which escape the duty owing to their
         classification within the scope of Regulation (EEC) No 112/90; and
   (2)    limiting the ant I-dumping duty on racks to an amount calculated
         according to the value of the Incorporated compact disc player
         alone.
4.  The Ant I-Dumping Committee has been consulted on this proposal;    no
objection was raised.
 ---pagebreak---                                                                          3
                       COUNCIL REGULATION (EEC) NO    /
                               Of
          amending Regulation (EEC) No 112/90 Imposing a definitive
             ant I-dumping duty on Imports of certain compact disc
            player originating in Japan and the Republic of Korea
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on
protection against dumped or subsidized Imports from countries not members
of the European Economic Community,1
Having regard to the proposal submitted by the Commission after
consultation within the Advisory Committee as provided for under the above
Regulation,
Whereas:
(1)     Regulation (EEC) No 112/902 imposed a definitive anti-dumping duty
        on Imports of certain compact disc players originating in Japan and
         the Republic of Korea.    Article 1(1) of the Regulation laid down
         its scope and, with great precision, the products affected by the
        anti-dumping duty.     The scope Includes compact disc players falling
        within CN code ex 8519 99 10 (Tarlc code: 85 1999 10*10),
         including those which may be incorporated In a "rack" but are
        nevertheless capable of operating alone, separately from the
        "rack", by means of their own controls and power supply.
1  0J No L 209, 2.8.1988, p. 1.
2  0J No L 13, 17.1.1990, p. 21.
 ---pagebreak---                                 - 2 -
                                                                   7
(2) CN code ex 8519 99 10 (Taric code:   8519 99 10*10), however, only
    Includes a compact disc player incorporated in a rack insofar as It
    gives the "rack" its essential character.   In other cases, I.e.
    where another apparatus gives the assembly its essential character,
    the entire "rack" Is classified under a different tariff heading
    and consequently falls outside the scope of Regulation (EEC)
    No 112/90.
    Conversely, where the compact disc player Is considered to give the
    "rack" Its essential character, the entire set of apparatus Is
    classified under CN code ex 8519 99 10 (Tarlc code: 8519 99 10*10)
    and the anti-dumping duty is applied to the value of the entire
    "rack" and not Just to the value of the compact disc player
    component.
(3) Combined application of the customs rules and Article 1(1) of
    Regulation (EEC) No 112/90 results In the Regulation being
     implemented in a way which deviates from the aims which the Council
    assigned to it.   Regulation (EEC) No 112/90 was designed In
    particular to make compact disc players incorporated In a "rack"
    subject to an anti-dumping duty, whether or not they gave the
    "rack" its essential character.   Furthermore, that Regulation was
    not designed to make a "rack" Incorporating a compact disc player
    subject to an ant I-dumping duty on the basis of Its total value but
    on the basis of the value of the compact disc player alone.
(4) Consequently Article 1 of Regulation (EEC) No 112/90 must be
    amended.
(5) It is necessary to that end to take account of the fact that a
    "rack" Incorporating a compact disc player may be classified under
    CN codes ex 8519 31 00, ex 8519 39 00, ex 85 19 99 10,
    ex 8520 31 90, ex 8520 39 10, ex 8520 39 90 and ex 8527 31 91
    (Tarlc codes 8510 31 00*10, 8519 39 00*10, 8519 99 10*10,
    8520 31 90*30, 8520 39 10*10, 8520 39 90*10 and 8527 31 91*10)
    according to the component which gives It Its essential character.
 ---pagebreak---                                                                       J~
                                    - 3 -
(6)      To ensure uniform application of the Regulation the amendment must
         take effect as from 17 January 1990, the date of entry Into force
         of Regulation (EEC) No 112/90.  However, Article 13(4)(a) of
         Regulation (EEC) No 2423/88 lays down that ant I-dumping and
         countervailing duties shall be neither Imposed nor increased with
         retroactive effect, subject to Article 13(4)(b), which does not
         apply to the case In point. Consequently, the amendment may not
         enter into force with retroactive effect as regards the Imposition
         of a definitive anti-dumping duty on Imports of certain compact
         disc players falling within CN codes ex 8519 31 00, ex 8519 39 00,
         ex 8520 31 90, ex 8520 39 10, ex 8520 39 90 and ex 8527 31 91
         (Tarlc codes: 8519 31 00*10, 8519 39 00*10, 8520 31 90*30,
         8520 39 10*10, 8520 39 90*10 and 8527 31 91*10),
HAS ADOPTED THIS REGULAT ION :
                                  Article 1
Article 1(1) of Regulation (EEC) No 112/90 Is hereby replaced by the
fol lowing text:
"A definitive anti-dumping duty Is hereby Imposed on Imports of certain
compact disc players falling within CN codes ex 8519 31 00, ex 8519 39 00,
ex 85 19 99 10, ex 8520 31 90, ex 8520 39 10, ex 8520 39 90 and
ex 8527 31 91 (Taric codes 8519 31 00*10. 8519 39 00*10, 85 19 99 10*10,
8520 31 90*30, 8520 39 10*10, 8520 39 90*10 and 8527 31 91*10).1 I.e.
stand-alone sound reproducers with a laser optical reading system and with
1  The Tarie codes shown are those applicable on the date on which this
   Regulation enters into force.
 ---pagebreak---                                    - 4 -
external dimensions of at least 216 x 45 x 150 mm, equipped to accommodate
up to a maximum of ten compact discs, including sound reproducers which may
be incorporated in a "rack" system but can nevertheless operate alone
separately from the "rack", with their own controls and power supply,
functioning with AC mains supply of usually 110/120/220/240V and not
capable of operating with a power supply of 12V DC or less, originating In
Japan and In the Republic of Korea."
Paragraph 4 of the same Article Is hereby replaced by the following text:
"Where the compact disc player is combined with other apparatus to form a
"rack", the free-at-front1er value used in applying the anti-dumping duty
shall be that of the compact disc player alone.
If this value is not specified on the Invoice the Importer shall declare
the value of the player at the time of release for free circulation and
shall submit appropriate evidence and Information on that occasion."
The former paragraph 4 of the same Article becomes paragraph 5.
                                 Article 2
This Regulation shall come Into force on the day following Its publication
In the Official Journal of the European Communities.
It shall apply with effect from 17 January 1990 save as regards the
imposition of a definitive anti-dumping duty on Imports of certain compact
disc players falling within CN codes ex 8519 31 00, ex 8519 39 00,
ex 8520 31 90, ex 8520 39 10, ex 8520 39 90 and 8527 31 91 (Tarlc codes:
8519 31 00*10, 8519 39 00*10, 8520 31 90*30, 8520 39 10*10, 8520 39 90*10
and 8527 31 91*10),
 ---pagebreak---                                    - 5-                           - ^
However, the provisions of Article 15 of Regulation (EEC) 2423/88 shall
apply from 17 January 1990 to compact disc players falling within the code
numbers listed above.
This Regulation shall be binding In its entirety and directly epplicable in
a 11 Member States.
Done at Brussels,                   1992.
                                                For the CounciI
                                                The President
 ---pagebreak---  ---pagebreak---                                                                      ?
                                                                    ISSN 0254-1475
                                                               COM (92) 83 final
                                                      DOCUMENTS
EN                                                                        i i 02
                                Catalogue number : CB-CO-92-085-EN-C
                                                             ISBN 92-11A1121-1
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