No L 186/8 Official Journal of the European Communities 5.8.95 COUNCIL REGULATION (EC) No 1936/95 of 3 August 1995 repealing Regulation (EEC) No 1391/91 imposing a definitive anti-dumping duty on imports of aspartame originating in Japan and the United States of America THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Commu- nity (), and in particular Article 23 thereof, which laid down that Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (3), shall continue to apply to proceedings in relation to which an investigation pending on 1 September 1994 has not been concluded by the date of entry into force of Regulation (EC) No 3283/94, Having regard to Regulation (EEC) No 2423/88 and in particular Article 14 thereof, Having regard to the proposal submitted by the Commis- sion, after consultations within the Advisory Committee, Whereas : A. PREVIOUS PROCEDURE (1) By Regulation (EEC) No 1391/91 {’), the Council imposed a definitive anti-dumping duty on imports of asparmate originating in Japan and the United States of America (hereinafter referred to as ‘the USA)). B. PRESENT PROCEDURE 1. Review application () In January 1994, a United States (US) exporter, the NutraSweet Company (hereinafter referred to as ‘NSC’), requested the Commission to review the anti-dumping duty applicable to imports of aspar- tame originating in the USA and to reopen the investigation. NSC argued in its review application that the following significant changes had occured since the imposition of the definitive duty which constitute substantially changed circumstances sufficient to justify the need for a review within the meaning of Article 14 of Regulation (EEC) (") OJ No L 349, 31. 12. 1994, p. 1. Regulation as last amended by Regulation (EC) No 355/95 (O] No L 41, 23. 2. 1995, p. 2). () OJ No L 209, 2. 8. 1988, p. 1. Regulation as last amended by Regulation (EC) No 522/94 (O] No L 66, 10. 3. 1994, p. 10). () OJ No L 134, 29. 5. 1991, p. 1. No 2423/88 (hereinafter referred to as ‘the basic Regulation’) : — domestic US prices have significantly decreased as a result of the expiry of the US patent held by NSC. As a consequence, NSC’s normal value has dramatically decreased, thus eliminating the conditions for a dumping margin, — a state-of-the art plant has been established in France, for the production of aspartame, which is co-owned by NSC. The production capacity of this plant will be sufficient to cover the normal Community demand for aspartame, — exports of US aspartame by NSC to the Community have significantly decreased and are being replaced by sales of aspartame produced in the Community. 2. Initiation of review investigation (3) It was considered, after consultation of the Advisory Committee, that the request contained sufficient evidence of changed circumstances to warrant a review pursuant to Article 14 of the basic Regula- tion. (49  The Commission therefore published a notice in the Official Journal of the European Communi- ties(*) and commenced an investigation. 3. Scope of the review (5)  The product concerned by this review investigation is the same as the product subject to the definitive anti-dumping duty, namely aspartame, a sweete- ning ingredient with a taste profile similar to sugar but a smaller caloric value, falling within CN code ex 2924 29 90. (6)  The investigation of dumping covered the period 1 October 1993 to 31 March 1994. (7)  Although the review application lodged by NSC was explicitly limited to the anti-dumping duty imposed on imports from the USA, the Commis- sion considered whether such a limitation was jsuti- fied and informed the Japanese exporter of aspar- tame involved in the previous investigation, Ajino- moto Co. Ltd, Tokyo (hereinafter referred to as () OJ No C 115, 26. 4. 1994, p. 4.