COUNCIL REGULATION (EC) No 1384/94 of 13 June 1994 imposing a definitive  anti-dumping duty on imports of large aluminium electrolytic capacitors originating in the Republic  of Korea and Taiwan
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European 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), and in  particular Article 12 thereof,
Having regard to the proposal submitted by the Commission after consultation within the Advisory  Committee,
Whereas:
A.  Provisional measures
(1)  By Regulation (EC) No 371/94  (2), the Commission imposed a  provisional anti-dumping duty on imports of large aluminium electrolytic capacitors (LAECs)  originating in the Republic of Korea and Taiwan and falling within CN code ex 8532  22  00.
B.  Subsequent procedure
(2)  Following the imposition of the provisional anti-dumping duty, no  comments were submitted to the Commission's services by the non-cooperating parties concerned,  except a memorandum by Taipei Economic and Cultural Office. No parties requested an opportunity to  be heard by the Commission.
(3)  The Taiwanese cooperating producer was informed of the essential facts and considerations on  the basis of which it is intended to recommend the imposition of a definitive anti-dumping duty and  the definitive collection of amounts secured by way of provisional duty. This company was also  granted a period within which to make representations subsequent to the disclosure.
C.  Product under investigation and like product
(4)  Regarding the product under consideration,  the Taipei Economic and Cultural Office disputed the Commission's preliminary determination of  dumping and injury in respect of LAECs originating in Taiwan. It was argued that the information on  which this determination was made was doubtful because only a few Taiwanese companies manufactured  the large capacitors subject to investigation and because it was not possible to distinguish  between small and large capacitors from Community import statistics. However, no new evidence was  submitted to put into question the basis on which the preliminary determination was made. In fact,  the Commission's verification in Taiwan revealed the existence of several producers of large  capacitors. As regard the like product, no new arguments have been presented. The findings of the  Commission as set out in recitals 7 to 10 of Regulation (EC) No 371/94 are hereby confirmed.
D.  Dumping
1.  Normal value
(5)  No comments were received on the preliminary determination of the normal value. Therefore, for  the purpose of definitive findings, normal value was established on the same basis and the same  methods as those used in the provisional determination of dumping. Recitals 11 to 15 of Regulation  (EC) No 371/94 are therefore confirmed.
2.  Export price
(6)  No arguments were presented on the preliminary determination of the export price. The method  used to establish export price, as set out in recitals 16 and 17 of Regulation (EC) No 371/94, is  hereby confirmed.
3.  Comparison
(7)  The cooperating producer disputed some figures regarding freight costs and the rejection of an  adjustment for salaries paid to salesmen, but no evidence was received to warrant a change in the  Commission's provisional findings and conclusions. The findings and conclusions set out in recitals  18 and 19 of Regulation (EC) No 371/94 are therefore confirmed.
4.  Dumping margins
(8)  No further arguments were submitted on the methodology used by the Commission in its  preliminary determination. Therefore, the weighted average dumping margins definitively established  and expressed as a percentage of the free-at-Community-frontier price, are as follows:
>TABLE>
E.  Community industry
(9)  No arguments were presented regarding the definition of the Community  industry. The findings of the Commission as set out in recitals 22 and 23 of Regulation (EC) No  371/94 are hereby confirmed.
F.  Injury
(10)  No new arguments were put forward to modify the Commission's preliminary  conclusion on injury. Therefore, the findings and conclusion, as set out in recitals 24 to 42 of  Regulation (EC) No 371/94, are confirmed.
G.  Causation of injury
(11)  No arguments were presented to dispute the Commission's preliminary  conclusions on the effect of the dumped imports on the Community industry, as set out in recitals  44 to 47 of Regulation (EC) No 371/94. Therefore, the Commission's conclusions are confirmed.
H.  Community interest
(12)  As set out in recitals 49 to 51 of Regulation (EC) No 371/94, the  interests of the Community industry and of the end users were considered. As no new arguments were  put forward in this connection, the findings of Regulation (EC) No 371/94 in this respect are  confirmed.
I.  Duty
(13)  Provisional measures took the form of an anti-dumping duty. The rates were set at  the level of the dumping margins found since, as set out in recital 53 of Regulation (EC) No  371/94, the level necessary to remove injury was higher. As no new arguments were put forward in  this respect, a definitive duty should be established at the levels of the dumping margins  definitively determined in recital 8 of this Regulation.
J.  Collection of the provisional duties
(14)  In view of the dumping margins established and the  material injury caused to the Community industry, it is considered necessary that the amounts  secured by way of the provisional anti-dumping duty should be definitively collected,
1.  A definitive anti-dumping duty is hereby imposed on imports of  large electrical capacitors, non-solid, aluminium electrolytic with a CV product (capacitance  multiplied by rated voltage) between 8  000 and 550  000 ĂŹc (micro-coulombs) at a voltage of 160 V  or more, falling within CN code ex 8532  22  00 (Taric codes: 8532  22  00  *  11, 8532  22  00  *   13, 8532  22  00  *  91 and 8532  22  00  *  93), and originating in the Republic of Korea and  Taiwan.
2.  The rate of duty applicable to the net free-at-Community-frontier price, before duty, shall be  as follows:
>TABLE>
3.  The provisions in force concerning customs duties shall apply.
The amounts secured by way of the provisional anti-dumping duty pursuant to Regulation  (EC) No 371/94 shall be definitively collected in full.
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.