The Gazette 1987

GAZETTE

SEPTEMBER 1987

Sub-section 10 (c) provides that "The rate of the anti-dumping duty shall be that applicable to the manufacturer in the country of origin of the like product subject to an anti- dumping duty to which the party in the Community carrying out the assembly or production is related or associated. The amount of duty collected shall be proportional to that resulting from the application of the rate of the anti-dumping duty applicable to the exporter of the complete product on the cif value of the parts or materials imported; it shall not exceed that required to prevent circumvention of the anti-dumping duty;" The investigations are the first initiated by the Commission under Art. 13(10) of the Regulation. Both investigation notices follow an identical framework. The only difference is that the first investigation concerns electronic typewriters whilst the second involves electronic scales. It is proposed therefore to examine the text of the first investigation notice as the comments made thereon will be equally applicable to the second notice. The first paragraph of the Electronic Typewriters investi- gation states: " The Commission has received a complaint alleging that Brother Industries Ltd., Canon Inc., Matsushita Electric Co. Ltd., Tokyo Electric Co. Ltd., Sharp Corporation, Silver Seiko Ltd., are importing parts of electronic typewriters originating in Japan into the Commmunity and subse- quently assembling them under conditions laid down by Article 13 (10) of Regulation (EEC) No. 2176/84 of 23 July 1984 on protection against dumped and subsidised imports from countries not members of the European Economic Community, as amended by Council Regul- ation (EEC) No. 1761/87 of 22 June 1987." Investigations 87/C/235/02 and 87/C/235/08 (1 September 1987)

Conclusion The investigations break new ground in the Community Trade Protection Programme. In the light of the strained trade relations between Japan and the Community the matter will remain at the forefront of the political agenda. Indeed, the importance attached by the Japanese to the E.C. anti-dumping framework has been underlined by a separate challenge by the Brother Corporation to the method which the Commission uses to calculate sales prices which go into its anti- dumping calculations. This case has been brought to the Court of Justice by the Japanese corporations involved in the present "screwdriver" investi- gations, and the Advocate General's opinion is expected early next year. (1) OJ No. C 167, 26.6.1987, p.9. (2) [19751 E.C.R. 1355 at p. 1364. (3) Council Regulation (EEC) No. 2176/84 on protection against dumped or subsidised imports from countries not members of the European Economic Commu n i ty - OJ No.L 2 0 1, 30.7.1984 at p.1. No. 2177/84/ECSC on protection against dumped or subsidised imports from countries not members of the European Coal and Steel Community — OJ No. L 201, 30.7.1984, p.17. (5) Council Regulation (EEC) No. 288/82 on common rules for imports — OJ No. L 35, 9.2.1982, p.1. • (4) Commission Decision Footnotes

The third paragraph entitled "Conditions of Article 13 (10) follows the procedure stipulated in Article 13 (10) of the Regulation. It recites that by Council Regulation 1698/85 a definitive anti-dumping duty was imposed on imports of electronic typewriters originating in Japan. The complaint relating to anti-dumping (lodged by the Committee of Europe's Typewriter Manufacturers)\ "alleges that the exporters Brother Industries Ltd., Canon Inc., Matsushita Electric Co. Ltd., Tokyo Electric Co. Ltd., Sharp Corporation and Silver Seiko Ltd., whose exports of electric typewriters to the Community are subject to the definitive duty, are fulfilling the conditions of Article 13 (10). It is in particular alleged that these exporters have established in the Community related or associated com- panies which assemble a like product, namely electronic t ypewr i t er s, from parts originating in Japan that the assembly operations were started or have substantially increased after the opening of the anti-dumping investigation into imports of electronic typewriters originating in Japan and that the value of the parts used for the assembly operations, and originating in Japan exceeds the value of all other parts used by at least 50%." Interested parties are requested to make known their views in writing. The Commission undertakes to hear interested parties, provided they can: "show that they are likely to be affected by the result of the proceeding and that there are particular reasons why they should be heard orally." The notice further follows the scheme of the Regulation by providing that "If the required information and argumentation is not received in adequate form within the time limit specified above, the Community authorities may take findings on the basis of the facts available in accordance with Article 7 (7)(b) of Regulation (EEC) No. 2176/84."

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