Commercial Information Circulars

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Ref : EIC 230/2/3/2/13

31 March 2006

Dear Sirs,

Commercial Information Circular No. 122/2006

European Union (EU)* : Repeal of the Acceptance of A Joint Undertaking Offered in Connection with the Anti-dumping Proceeding Concerning Imports of Colour Television Receivers Originating in, inter alia, the Mainland of China; and Imposition of a Definitive Anti-dumping Duty on Imports of the Same Product by the Companies Concerned

Further to Commercial Information Circular No. 178/2002 of 6 September 2002, the European Commission (the Commission) has published a decision to repeal the acceptance of a joint undertaking offered by seven mainland companies in conjunction with the China Chamber of Commerce for Import and Export of Machinery and Electronics Products (CCCME) concerning the anti-dumping proceeding on imports of colour television receivers originating in, inter alia, the mainland of China. In parallel to this decision, the Council of the EU (the Council) has published a regulation to impose a definitive anti-dumping duty on imports of colour television receivers exported to the Community by the companies concerned. Details are set out in Decision 2006/258/EC and Regulation (EC) No. 511/2006 of 31 March at Annex I and II (pdf format)  respectively for reference. Salient points are set out below-

DETAILS

2. Definitive anti-dumping duty on imports of colour television receivers originating in, inter alia, the mainland of China has been imposed since 30 August 2002 at a rate of 44.6% of the net, free-at-Community-frontier price before duty. On the same day, the Commission accepted a joint undertaking by the above-mentioned seven mainland companies (the Companies) in conjunction with the CCCME. As a result, imports into the Community of the product concerned of mainland origin, produced by the Companies were exempted from the definitive anti-dumping duties.
3. The undertaking offered by the companies obliges them to, inter alia, export the product covered by the undertaking to the first independent customer in the Community at or above certain minimum import price levels and to respect certain quantitative ceilings laid down in the undertaking. These price levels and ceilings eliminate the injurious effects of dumping. For the purpose of ensuring compliance with the undertaking, CCME and the Companies also agreed to provide all information considered necessary by the Commission and to allow on-spot verification visits at their premises in order to permit verifications of the accuracy and veracity of data submitted in the quarterly reports. The undertaking specifically provides that a breach by any of the Companies or the CCCME shall be considered as a breach of the undertaking by all signatories. Failure to co-operate with the Commission in monitoring the undertaking is considered as a breach of the undertaking.
4. Recently, the Commission requested to carry out on-the-spot verification visits at the premises of CCCME and of the two companies with the largest reported volume of sales of the product concerned, namely Xiamen Overseas Chinese Electronic Co. Ltd. and Konka Group Co. Ltd. However, Konka refused to accept such visit, thereby breaching the undertaking. In view of the breach, acceptance of the undertaking offered by the Companies in conjunction with the CCCME has been withdrawn. A definitive anti-dumping duty should therefore be imposed forthwith on imports of the product concerned exported to the Community by the companies concerned.

ENQUIRIES

5. For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5351.

Yours faithfully,


 

(Ricky CHENG)
for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.