CELEX: 51993PC0373
Language: en
Date: 1993-07-23
Title: Proposal for a COUNCIL REGULATION (EEC) repealing Regulation (EEC) N° 112/90 imposing anti-dumping measures concerning imports of certain compact disc players originating in Japan and the Republic of Korea

COMMISSION OF THE EUROPEAN COJWMUNITIES
                                             C0MC93) 373 f i n a l
                                             Brussels, 23 July 1993
                               Proposal for a
                        fiffllMCIL REGULATION (EEC)
   repealing Regulation (EEC) N° 112/90 imposing anti-dumping measures
   concerning imports of certain compact disc players originating in Japan
   and the Republic of Korea
                      (presented by the Commission)
 ---pagebreak---                      EXPLANATORY MEMORANDUM
By Regulation (EEC) N° 112/90, the Council imposed a definitive anti-
dumping duty on imports of certain compact disc players originating in
Japan and the Republic of Korea. This Regulation has been amended by
Council Regulation (EEC) N° 819/92 with regard to the definition of the
product concerned with the imposition of the anti-dumping duty.
In December 1991, the Commission opened a full review of Regulation
(EEC) N° 112/90.
The two major Community producers of compact disc players comprising
97% of the Community industry's output of the product, have officially
advised the Commission of their intention to cease production of compact
disc players in the Community. These producers declared that the
discontinuation of their production within the Community would be
completed by the end of 1993 and that they were of the opinion that
there was no justification for the continued existence of protective
 measures.
 Furthermore, the complainant, COMPACT, representing all producers
 comprising the Community industry, formally withdrew its complaints on
 6 April 1993 and requested the Commission to propose to the Council
 the repeal of the anti-dumping measures currently in force concerning
 imports of compact disc players originating in Japan and the Republic of
 Korea.
 The Commission has proposed that the Council adopt the attached
 Regulation.
 ---pagebreak---                                       IT
Proposal for a Council Regulation
repealing Regulation (EEC) N° 112/90 imposing anti-dumping measures
concerning imports of certain compact disc players 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) N° 2423/88 of 11 July 1988
on protection against dumped or subsidized imports from countries not
members of the European Economic Community 1 , and in particular
Article 9 and 14 thereof,
Having regard to the proposal submitted by the Commission, after
consultations within the Advisory Committee as provided for under the
above Regulation,
Whereas :
                                 A. PROCEDURE
(1) By Regulation (EEC) N° 112/90 2 , the Council imposed a definitive
anti-dumping duty on imports of certain compact disc players originating
in Japan and the Republic of Korea. This Regulation has been amended
by Council Regulation (EEC) N° 819/92 3 with regard to the definition of
the product concerned with the imposition of the anti-dumping duty.
(2) In July 1991, the Commission announced by a notice published in the
 Official Journal of the European Communities 4 the initiation of an
 1
    OJ N°L 209, 2.8.1988, p1
2
   0JN°L13, 17.1.1990, p 21
3
    0JN°L 87, 2.4.1992, p1
4
   0 J N ° C 174, 5.7.1991, p 1!
 ---pagebreak--- investigation provided for in Article 13(11) and 14 of Regulation (EEC)
N°2423/88, to examine the allegations of a complaint by the Committee
of Mechoptronics Producers and Connected Technologies ('COMPACT')
representing a major proportion of the Community industry concerned.
This complaint contended that the anti-dumping duties referred to in
recital 1 had been borne by the exporters.
 At the same time, the Commission had initiated, on the basis of Article
 14 of Regulation (EEC) N°2423/88, a partial review of Regulation (EEC)
 N° 112/90 in respect of the exports of one Japanese producer,
 Accuphase Laboratory 5 .
 (3) In view of the nature of the information submitted by the exporting
 parties known to be concerned together with the particular characteristics
 of the market for the product and the time which had elapsed since the
 original investigation period, the Commission considered that, in order to
 avoid any potential discrimination, the above investigation should involve
 a full review of Regulation N°112/90 and published for this purpose a
 notice in the Official Journal of the European Communities 6 .
 (4) The Commission officially advised the exporters and importers known
 to be concerned, the representative of the exporting countries and the
 complainant and gave the parties directly concerned the opportunity to
 make their views known in writing and to request a hearing.
 (5) All the known Korean exporters, most of the Japanese exporters and
 all complainant Community producers made their views known in writing.
 Submissions were also made by a number of importers.
 (6) The Commission sought and verified all information considered
 necessary and carried out investigations at the premises of the
 5
   0 J N ° C 173, 4.7.1991, p 3
 6
    OJ N° C 334, 28.12.1991, p 8
 ---pagebreak--- complainant Community producers, the Japanese and Korean producers,
and a number of importers.
(7) The Commission requested and received written and oral submissions
from the Community producers, from a number of exporters and from a
number of importers, and verified the information provided to extent
considered necessary.
(8) In June 1992, following the submission of a further complaint by
COMPACT containing sufficient evidence of dumping and injury resulting
therefrom, the Commission announced, by a notice published in the
 Official Journal of the European Communities 7 , the initiation of an anti-
dumping proceeding concerning imports of compact disc players
originating in Taiwan, Singapore and Malaysia. In this notice, the
Commission indicated that at least some of the compact disc players
presently exported from Taiwan, Singapore and Malaysia may not
originate, according to the Community rules on origin, in these three
countries but in Japan. The Commission therefore stated that the findings
on the question of origin of these products could also be relevant to the
review of the anti-dumping measures imposed by Regulation (EEC) N°
 112/90 which imposed anti-dumping duties on imports of the product
concerned originating in Japan and Korea.
 (9) The investigation of dumping covered the period from 1 January 1991
 to 30 June 1991 (investigation period).
                           B. COMMUNITY INDUSTRY
 (10) The Commission found two categories of producers of compact disc
 players in the Community during the investigation period :
 - manufacturing subsidiaries of the Japanese producers whose products
 are subject to anti-dumping duty. In accordance with the provisions of
 7
   OJ N° C 148, 12.6.1992, p 7
 ---pagebreak--- Article 4(5) of Regulation (EEC) N° 2423/88 and with the consistent
practice of the Community Institutions, these companies have therefore
been excluded from the Community industry for the purpose of the injury
assessment ;
-the Community producers on behalf of which the complaint was lodged
which, according to the information available to the Commission,
manufactured, during the investigation period, 100% of total Community
output of the product under investigation.
  C.WITHDRAWAL OF THE COMPLAINT, TERMINATION OF THE REVIEW
                AND REPEAL OF THE EXISTING MEASURES
(11) The two major Community producers, comprising 97% of the
Community industry's output of the product, have officially advised the
Commission of their intention to cease production of compact disc
players in the Community. These producers declared that the
discontinuation of their production within the Community would be
completed by the end of 1993 and that they were of the opinion that
there was no justification for the continued existence of protective
measures.
 (12) Furthermore, the complainant, COMPACT, representing ail producers
 comprising the Community industry, formally withdrew its complaints on
 6 April 1993 and requested the Commission to propose to the Council
 the repeal of the anti-dumping measures currently in force concerning
 imports of compact disc players originating in Japan and the Republic of
 Korea.
 (13) In these circumstances, the Commission considers that protective
 measures are no longer necessary. The Council agrees.
 HAS ADOPTED THIS REGULATION:
 ---pagebreak---                                    Article 1
Regulation (EEC) N° 112/90 as amended by Regulation (EEC) N°819/92
is hereby repealed.
                                  Article 2
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 ail
Member States.
Done at Brussels,
 ---pagebreak---                                                T
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