No L 92/4 Official Journal of the European Communities 13. 4. 96 COUNCIL REGULATION (EC) No 664/96 of 29 March 1996 extending the suspension of the definitive anti-dumping duty imposed on imports of certain types of electronic microcircuits known as Eproms (erasable programmable read only memories) originating in Japan 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 Commu- nity (') and in particular Article 14 (4) thereof, Having regard to the proposal submitted by the Commis- sion, after consultations within the Advisory Committee as provided for by the abovementioned Regulation, Whereas: ()  The Council, by Regulation (EEC) No 577/91 (3, imposed a definitive anti-dumping duty on imports into the Community of certain types of electronic microcircuits known as Eproms (erasable program- mable read only memories) originating in Japan, and falling under CN codes: — 85421133, 85421134, 85421135 or 8542 11 36 for finished UV erasable Eproms, — ex 854211 38 for finished Flash Eproms, - ex 85421176 for OTPs, — ex 85421101 for wafers for all types of Eproms and — ex 85421105 for dice and chips for all types of Eproms. ( The Commission, by Decision 95/272/EC (%), suspended the definitive anti-dumping duty imposed on Eproms originating in Japan for a period of nine months on the grounds that the market situation for the product in question had temporarily changed to the extent that injurious dumping no longer prevailed and that, therefore, the anti-dumping duty could be suspended for this period. () OJ No L 56, 6. 3. 1996, p. 1. () OJ No L 65, 12. 3. 1991, p. 1. Regulation as last amended by Regulation (EEC) No 2860/93 (OJ No L 262, 21. 10. 1993, p. 1). () O] No L 165, 15. 7. 1995, p. 26. ©) ) On 8 October 1995 the Commission initiated an interim review (*) of the anti-dumping measures concerning Eproms originating in Japan, pursuant to Article 11 (3) of Regulation (EC) No 3283/94 (%). This review is at present pending. As in the case of another type of electronic micro- circuits, i.e. D-RAMs, where the suspension of the anti-dumping duties was extended for one year by Regulation (EC) No 399/96 (), the Commission has, based on the information available on the market situation, in particular the sales reports of the exporters concerned, examined whether the conditions for extending the suspension of the anti-dumping duty for imports of Eproms are met. In particular, the available statistical information and the sales data which the Commission has obtained from the Community producers and all known Japanese exporters show that, as the end of the initial period of suspension of the anti- dumping duty approaches, the Eprom market in the Community is still stable, with demand outstripping supply. Sales prices are high and the financial performance of the Community industry is still favourable. It was found that, in general, the market conditions described in recital (3) of Deci- sion 95/272/EC have prevailed. Market forecasts indicate that such a market situation will be sustained at least for the next twelve months. However, it is also considered that, in view of the cyclical nature of the Eprom market in the past, the current market situation might be followed by a market down-turn. This could result in a recur- rence of injurious dumping and would again call for anti-dumping measures to be applied. This consideration appears to be supported by the fact that significant additional production capacities have recently been established, in particular in Japan, and that, in addition, further capacities will be established in the near future. It is reasonable to assume that this increase in worldwide production capacity might aggravate a possible future market down-turn. () OJ No C 262, 7. 10. 1995, p. 9. () OJ No L 349, 31. 12. 1994, p. 1. Regulation as last amended by Regulation (EC) No 384/96. () OJ No L 55, 6. 3. 1996, p. 1.