Article 1 
1. A definitive anti-dumping duty is hereby imposed on imports of certain types of electronic micro-circuits known as EPROMs (erasable programmable read only memories) falling within CN codes ex 8542 11 10, ex 8542 11 30, 8542 11 63 or 8542 11 65 or 8542 11 66 and ex 8542 11 76 (for Taric and additional codes see Annex II), originating in Japan. 2. For the purpose of this Regulation, EPROMs comprise all types including one time programmable read only memories (OTPs) and flash EPROMs if based on EPROM technology of all densities in finished and unfinished forms such as wafers and dice (mounted or unmounted). 3. The rate of the duty shall be 94 % of the net free-at-Community-frontier price before duty. 4. Products referred to in paragraph 1 shall be exempt from the duty, provided that: - they are produced and exported to the EC by the following companies which have given an undertaking which is accepted pursuant to Article 1 of Decision 91/131/EEC: - Fujitsu Ltd, - Hitachi Ltd, - Mitsubishi Electric Corp., - NEC Corp., - Sharp Corp., - Texas Instruments (Japan) Ltd and - Toshiba Corp., or that - they are produced by one of the companies listed in the first indent and exported to the Community by one of its affiliated companies listed in Annex I, or that - they are produced, and sold for export to the Community, by one of the companies listed in the first indent: in this case, exemption from the duty shall be conditional upon presentation to the customs authorities of documentation from the producer confirming that it sold the products for which the exemption is sought for export to the Community; the documentation (the format of which is contained in Annex III) must contain a clear description of the device type(s) sold, the total quantity per device type, the unit price per device type, or a statement that the price was not lower than the applicable reference price, the invoice number and the confirmation that these products were produced and sold for export to the EC by the said company under the undertakings referred to in Article 1 of Decision 91/131/EEC, or that the following conditions are fulfilled: - the date of order confirmation to the first independent purchaser for the products in question is prior to the entry into force of this Regulation, and - effective delivery of these goods to the first independent purchaser occurred not later than the quarter (31 March, 30 June, 30 September, 31 December) following the quarter during which this Regulation entered into force, and - the products in question were produced by one of the companies listed in the first indent. 5. The provisions in force concerning customs duties shall apply. 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 all Member States. Done at Brussels, 4 March 1991. For the Council The President J. F. POOS (1) OJ No L 209, 2. 8. 1988, p. 1. (2) OJ No C 101, 14. 4. 1987, p. 10. (3) EPROMs are used primarily for the programme storage function in electronic digital computing circuits. Microprocessors and central processing units for larger computers cannot function without a minimal set of preprogrammed digital instructions. These types of core instructions reside normally permanently in non-volatile memories such as EPROMs. EPROMs are either programmed by the supplier or by the user and the programme can be erased by the application of UV light through a window embedded in the ceramic case and can subsequently be re-programmed. OTPs are basically identical, they contain an identical die as the corresponding EPROM device, and have the same pinout and function, except that, once programmed, the programme cannot be erased because the less costly plastic package of an OTP does not permit the installation of a window for the application of UV light. (4) See page 42 of this Official Journal.
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 all Member States. Done at Brussels, 4 March 1991