Council Regulation (EEC) No 819/92 of 30 March 1992 amending Regulation (EEC) No 112/90 imposing a definitive anti-dumping duty on imports of certain compact disc players originating in Japan and the Republic of Korea and collecting definitively the provisional duty

COUNCIL REGULATION (EEC) No 819/92  of 30 March 1992  amending Regulation (EEC) No 112/90 imposing a definitive anti-dumping duty on imports of certain compact disc players originating in Japan and the Republic of Korea and collecting definitively  the provisional duty
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 112/90 (2) 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 (Taric code: 8519 99 10 * 10), including those which may be incorporated in a 'rack' system but are nevertheless capable of  operating alone, separately from the 'rack' system, by means of their own power supply and commands.
(2) CN code ex 8519 99 10 (Taric code: 8519 99 10 * 10), however, includes a compact disc player incorporated in a rack only in so far 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 (Taric 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 to 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 anti-dumping duty on the basis of its total value but simply 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 8519 99 10, ex 8520 31 90, ex 8520 39 10, ex 8520 39 90 and ex 8527 31 91  (Taric codes 8510 31 00 * 10, 8519 39 00 * 10, 8519 99 10 * 10, 8520 31 90 * 30, 5820 39 10 * 10, 8520 39 90 * 10 and 8527 31 91 * 10) according to the component which gives it its essential character.
(6) To ensure uniform application of the Regulation, the amendment must take effect as from 17 January 1990, the date on which Regulation (EEC) No 112/90 entered into force. However, Article 13 (4) (a) of Regulation (EEC) No 2423/88 lays down that  anti-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 (Taric 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),