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Council Regulation (EC) No 173/2000 of 24 January 2000 terminating the anti-dumping proceedings concerning imports of certain large aluminium electrolytic capacitors originating in Japan, the Republic of Korea and Taiwan

EN Official Journal of the European Communities27. 1. 2000 L 22/1

I (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 173/2000 of 24 January 2000 terminating the anti-dumping proceedings concerning imports of certain large aluminium electrolytic capacitors originating in Japan, 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 (EC) No 384/96 of 22

December 1995 on protection against dumped imports from countries not members of the European Community (1), and in particular Article 9(5) thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A. PROCEDURE 1. Existing measures (1) By Regulation (EEC) No 3482/92 (2 ), the Council imposed definitive anti-dumping measures on imports of certain large electrolytic aluminium capacitors (hereinafter `LAECs') originating in Japan. These measures took the form of ad valorem duties, ranging between 4,2 % and 75 %.

(2) By Regulation (EC) No 1384/94 (3 ), the Council imposed definitive anti-dumping measures on imports of LAECs originating in the Republic of Korea and Taiwan. These measures took the form of ad valorem duties, ranging between 10,7 % and 75,8 %.

2. Grounds for the reviews Japan (3) Following the publication of a notice of impending expiry (4 ) of the anti-dumping measures applicable on imports originating in Japan, the Federation for Appropriate Remedial Anti-Dumping (FARAD) lodged a request for a review, on behalf of Nederlandse Philipsbedrijven BV (The Netherlands), now BC Components International BV, and BHC Aerovox Ltd. (United Kingdom), pursuant to Article 11 (2) of Regulation (EC) No 384/96 (hereinafter referred to as the `Basic Regulation').

(4) Furthermore, the Commission decided, on its own initiative, to initiate an interim review of the same antidumping measures pursuant to Article 11(3) of the Basic Regulation in order to consider the impact of changed circumstances in relation to technical developments for the product as well as market conditions on dumping and injury.

(5) Consequently, on 3 December 1997, the Commission announced by a notice published in the Official Journal of the European Communities (5 ) the initiation of a review of the anti-dumping measures applicable to imports of LAECs originating in Japan (hereinafter the `review on Japan').

Republic of Korea and Taiwan (6) Further to the initiation of the review on Japan and further to the initiation of a new investigation concerning imports of LAECs originating in the United States of America and Thailand (6), the Commission also decided, on its own initiative, to initiate a review of the anti-dumping measures applicable to imports originating in the Republic of Korea and in Taiwan, pursuant to Article 11(3) of the Basic Regulation.

(7) This review was initiated on the grounds that available information indicated an increased market penetration in the Community market of the product concerned originating in the Republic of Korea and in Taiwan, despite the anti-dumping measures imposed. Moreover, in view of the internationally interdependent character of the market for this product and the interrelationship of the companies involved in this field, it was considered that this review together with the abovementioned review on Japan and the new proceeding concerning Thailand and USA, would allow the Commission to form a better overall view of the impact on the Community industry of the imports originating from the main exporting countries.

(1 ) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regul...

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