333 / 342
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;"
Investigations 87/C/235/02
and 87/C/235/08
(1 September 1987)
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."
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."
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.
Footnotes
(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.
(4) Commission
Decision
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.
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