No L 165/26 Official Journal of the European Communities 15. 7. 95 COMMISSION DECISION of 14 July 1995 suspending 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 . (95/272/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 Com- munity (), and in particular Article 14 (4) thereof, After consultation with the Advisory Committee, Whereas : (1)  The Council, by Regulation (EEC) No 577/91 (3), as last amended by Regulation (EEC) No 2860/93 (%) imposed a definitive anti-dumping duty on imports into the Community of certain types of electronic microcircuits known as EPROMs (erasable programmable read only memories) originating in Japan, and falling under CN codes : — 854211 33, 8542 11 34, 85421135 or 8542 11 36 for finished UV erasable EPROMs, — ex 854211 38 for finished Flash E!PROMs, — ex 85421176 for OTPs, — ex 85421101 for wafers for all types of EPROMs and — ex 85421105 for dice and chips for all types of EPROM:s. () The basic anti-dumping Regulation, ie. Council Regulation (EC) No 3283/94 at Article 14 (4) provides for the suspension of anti-dumping measures imposed on the grounds that market conditions have temporarily changed to an extent that injury would be unlikely to resume as a result of such a suspension. Article 14 (4) further specifies that the anti-dumping measures concerned may be reinstated at any time if the reason for suspension is no longer applicable. (3)  As in the case of another type of electronic micro- circuit, i.e. DRAMs (%), since the end of 1993 and the beginning of 1994, due to a strong and growing demand for EPROMs , in particular by telecommu- nication equipment manufacturers, prices of EPROMs, on a world-wide basis, have remained stable. () OJ No L 349, 31. 12. 1994, p. 1. () O] No L 65, 12. 3. 1991, p. 1. ) ) With respect to the Community market in par- ticular, the Commission has been able to foliow developments as almost all known Japanese EPROM producers supply the Commission on a regular basis with their detailed sales reports pursuant to undertakings which the Commission has accepted in the framework of the abovemen- tioned anti-dumping proceeding (). An analysis of these reports has confirmed that the market beha- viour of the exporters concerned is in line with the general evaluation of price developments made by market research companies, some of which monitor the semiconductor market particularly closely. With regard to the situation of the Community EPROM industry, the Commission has furthermore received information confirming that this industry has also benefited from the current market situa- tion. Indeed, following the stabilization of the situ- ation of the Community industry concurrently with the introduction of the above anti-dumping measures and following the substantial investments made for the production of the newest generations of EPROMs the Community industry’s revenues stemming from an increase in EPROM sales volumes and in EPROM prices have had the effect that the Community industry is no longer suffering financial losses on current sales, but rather gene- rating increased returns. The anti-dumping duty was imposed in order to underpin the undertakings and in order to ensure that imports of any EPROMs outside the scope of the undertakings would not be made at an injurious price level. The present market situation is one of strong demand, where market forces are sustaining a level of prices for EPROMs which is at or above the prices at which the above companies have undertaken to sell in the Community. It appears therefore that the absence of injurious dumping of EPROMs on the Community market at present is not dependent on the maintenance of the anti- dumping measures. Whilst the minimum prices applicable pursuant to the undertakings have been overtaken by market prices, the continued exis- (%) By Decisions 91/131/EEC and 93/538/EEC (O] No L 65, 12. () OJ No L 262, 21. 10. 1993, p. 1. (*) By Decision 95/197/EC, (O] No L 126, 9. 6. 1995, p. 58) the 3. 1991, p. 42 and OJ No L 262, 21. 10. 1993, p. €4), the anti-dumping duties imposed concerning DRAMs originating Commission accepted undertakings from certain Japanese in Japan and Korea were suspended. EPROM-producers.