13.1.98 Official Journal of the European Communities L 7/47 COMMISSION COMMISSION DECISION of 6 January 1998 terminating the anti-dumping proceeding concerning imports of video tapes in cassettes originating in Hong Kong and the Republic of Korea (98/19/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 ('), as amended by Regulation (EC) No 2331/ 96 (%), and in particular Article 23(1) thereof, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or sub- sidised imports from countries not members of the Euro- pean Economic Community (%)), and in particular Articles 9(1) and 15, After consulting the Advisory Committee, Whereas: A. PROCEDURE (1)  The Council, by Regulation (EEC) No 1768/89 (%, imposed a definitive anti-dumping duty on imports of video cassettes originating in the Republic of Korea and Hong Kong and terminated the anti-dumping proceeding with regard to imports of video tape reels originating in those same countries. At the same time, the Commission accepted an undertaking offered by one Hong Kong exporter, Wing Shing Cassette Mfg Ltd (°). (2) At the request of Hong Kong companies which had not exported during the original investigation period, newcomer reviews were subsequently carried out, pursuant to Article 14 of Council Regulation (EEC) No 2423/88 (hereinafter referred () OJ L 56, 6. 3. 1996, p. 1. () OJ L 317, 6. 12. 1996, p. 1. () OJ L 209, 2. 8. 1988, p. 1. () OJ L 174, 22. 6. 1989, p. 1. ) O L 174, 22. 6. 1989, p. 30. to as Regulation 2423/88). As a result of one of these reviews, no measures were imposed on the imports concerned; in the others, variable and ad valorem duties were imposed (°). 3) Following the publication of a notice of impending expiry of the measures in force ('), a request for a review of the Regulation imposing the anti-dumping measures was lodged by the European Chemical Industrial Council (Cefic), acting on behalf of two producers of video cassettes in the Community, allegedly representing 45 % of total Community production. Cefic claimed in its request that the expiry of the measures would lead to a recurrence of injury and that, despite the measures in force, continued and aggravated injurious effects from imported video cassettes from South Korea and Hong Kong were being felt, due to the low prices of these imports resulting from increased dumping. The evidence presented was considered sufficient, and in May 1994, the Commission gave notice of its intention to carry out a review (%) (4) It should be recalled that in 1991 anti-dumping measures were adopted with regard to the same product originating in the People’s Republic of China (). These measures expired on the grounds that the Community industry failed to cooperate in the recently conducted expiry review investigation (*°). () OJ L 343, 7. 12. 1990, p. 1; OJ L 139, 22. 5. 1992, p. 1; OJ L 182, 2. 7. 1992, p. 6. () O] C 344, 22. 12. 1993, p. 3. () OJ C 142, 25. 5. 1994, p. 2. ¢) OJ L 293, 24. 10. 1991, p. 12. (% OJ L 304, 7. 11. 1997, p. 19. )