CELEX: 51993PC0397
Language: en
Date: 1993-07-29
Title: Proposal for a COUNCIL REGULATION (EEC) modifying Council Regulation (EEC) No 729/92 of 16 March 1992 imposing a definitive anti-dumping duty on imports of certain thermal paper originating in Japan

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 C0M(93) 397 final
                                                 Brussels, 29 July 1993
?. (/.«                           Proposal for a
                            COUNCIL REGULATION (EECI
                   modifying Council Regulation (EEC) No 729/92
                                   of 16 March 1992
                      imposing a definitive anti-dumping duty
                        on jjnports of certain thermal paper
                                originating in Japan
                          (presented by the Commission)
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     £3&
 ---pagebreak---                          Explanatory Memorandum
1.  In March 1992, the Council imposed definitive anti-dumping measures
    on imports of certain thermal paper (ie. telefax paper) originating
    in Japan( 1 ).
2.  No duties were applied, however, to goods manufactured by Jujo
    Paper Co., Ltd., (hereafter called "Jujo") as this company was
    found not to be dumping.
3.  In January 1993 the Commission was advised that Jujo would merge on
    1 April 1993 with another company, Sanyo-Kokusaku Pulp Co., Ltd.,
     (hereafter called "Sanyo Kokusaku"). The new company was to be
    called Nippon Paper Industries Company Limited (hereafter called
    "Nippon Paper").
4.  It was alleged that Sanyo-Kokusaku did not produce telefax paper
    during the investigation period (1 April to 31 December 1990) and,
    because of this, Jujo's exclusion from dumping duties should be
    transferred to the merged company.
5.  As this did not seem an unreasonable request, on its own initiative
    under Art. 14 of Regulation (EEC) No 2423/88(2) f the Commission
    decided to partially review the measure imposing definitive duties.
6.  Being satisfied that Sanyo-Kokusaku was not concerned by (or
    involved in) the original dumping investigation, it is now proposed
    that the merged company of which Jujo is now part should continue
    to be excluded from dumping measures.
7.  It is also proposed that the exclusion take effect from the date of
    the merger (ie. 1 April 1993).
(1) OJ No L 81, 26.03.1992, p.l
(2) OJ No L 209, 02.08.1998, p.l
 ---pagebreak---                                    ->!©...
                              Proposal for a
                        Council Regulation (EEC) No.
                                      of
               modifying council Regulation (EEC) No 729/92
                              of 16 March 1992
                  imposing a definitive anti-dumping duty
                    on imports of certain thermal paper
                            originating in Japan
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   subsidised  imports  from  countries  not
members   of  the   European  Economic   Community(*),  and  in   particular
Article 14 thereof,
After consultations within the Advisory Committee as provided for by
Regulation (EEC) No 2423/88,
Whereas :
(1) OJ  No L 209, 02.08.1988, p.l
 ---pagebreak---                                      2 -
                          A. Previous procedure
1.  The Council by Regulation (EEC) No 729/92(1), imposed a definitive
    anti-dumping duty on imports of certain thermal paper (ie. telefax
    paper) originating in Japan.
2.  No duties were imposed on goods manufactured      by Jujo Paper Co.,
    Ltd., Tokyo (hereafter called "Jujo") as this company was found not
    to be dumping.
                        B. change of legal entity
3.  In January 1993 the Commission was advised of an impending merger
    between Jujo and a company called Sanyo-Kokusaku Pulp Co., Ltd.,
    (hereafter called   "Sanyo-Kokusaku"). These two companies were to
    merge, on 1 April 1993, into one called      Nippon Paper Industries
    Company Limited.
4.  It was alleged   that Sanyo-Kokusaku    did not make the product  in
    question during the investigation reference period    (1 April to 31
    December 1990). In view of this, Jujo and Sanyo-Kokusaku considered
    that the exclusion from the dumping duties for Jujo should also be
    applied to the company resulting from the merger.
                               C. Procedure
5.  On the basis of the information supplied initially, the Commission
    took the view that there were sufficient grounds concerning changed
    circumstances to warrant a partial review of the measures.
(1) OJ No L 81, 26.03.1992, p.l
 ---pagebreak---                                     - 3 -
6.  Having requested and received supplementary       information  from the
    parties concerned and other sources, the Commission is satisfied
    that Sanyo-Kokusaku was not a producer of telefax paper during the
    investigation reference period. As such, it is considered that the
    exclusion from anti-dumping duty for Jujo should be transferred to
    the  new  company, Nippon   Paper   Industries  Company  Limited,  with
    effect from 1 April 1993. This will have the effect that any anti-
    dumping duties paid in respect of telefax paper manufactured by
    Nippon Paper Industries Company Limited will refundable under the
    applicable Customs Legislation. The Council confirms this view.
7.  No objections were raised when the findings of the proceeding were
    disclosed to the Community industry.
                               D. Amendment
8.  Regulation   (EEC) No  729/92,   as   it concerns  imports  of  certain
    thermal paper originating in Japan and manufactured by Jujo Paper
    Co., Ltd., should accordingly be amended,
HAS ADOPTED THIS REGULATION
                                 Article 1
Article 1.3 of council Regulation (EEC) No 729/92 is hereby replaced by
the following :
        No anti-dumping   duties   shall apply to goods manufactured by
        Nippon Paper Industries company Limited or Tomoegawa Paper Co.,
        Ltd., Tokyo (TARIC additional code 8600)."
 ---pagebreak---                                  - 4
                               Article 2
This Regulation shall enter into force with retroactive effect on 1
April 1993.
This  Regulation  shall  be  binding   in its  entirety  and directly
applicable in all Member states.
Done at Brussels,                          By the Council,
 ---pagebreak---                                                   - s -
                                                                      ISSN 0254-1475
                                                               COM (93) 397 final
                                                       DOCUMENTS
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