No L 48/10 Official Journal of the European Communities 15. 2. 94 COMMISSION REGULATION (EC) No 371/94 ‘ of 17 February 1994 imposing a provisional anti-dumping duty on imports into the Community of large aluminium electrolytic capacitors originating in the Republic of Korea and Taiwan THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2423/88 of 11 dized July 1988 on protection against dumped or subsi- imports from countries not members of the Euro- pean Economic Community ('), and in particular Article 11 thereof, After consultation within the Advisory Committee, Whereas : m @ @) A. PROCEDURE By Regulation (EEC) No 3482/92 (3, the Council imposed a definitive anti-dumping duty at the rate of 75% on imports of certain large aluminium electrolytic capacitors (hereinafter referred to as ‘LAECS’, originating in Japan, with the exception of some companies for which the rate of duty ranged from 11,6 to 35,8 %. In December 1992, the Commission received a complaint lodged by the Federation for Appro- priate Remedial Anti-dumping (FARAD), on behalf of producers whose collective output of LAECs allegedly represented a major proportion of the Community production, in which it was requested to extend the proceeding to include imports of LAECs originating in the Republic of Korea and Taiwan. . The complaint contained evidence .of dumping of the said product originating in the countries indi- cated above and of material injury resulting there- from. This evidence was considered sufficient to justify the initiation of a proceeding. The Commission, accordingly, announced, by a notice published in the Official Journal of the European Communities(’), the initiation of an anti-dumping proceeding concerning imports into the Community of LAECs originating in the Repu- blic of Korea and Taiwan, falling within CN code ex 85322200, and commenced an investigation. The Commission officially advised the producers, exporters and importers known to be concerned, the representatives of the Republic of Korea, and No L 209, 2. 8. 1988, p. 1. No L 353, 3. 12. 1992, p. 1. No C 67, 10. 3. 1993, p. 7. ) ©) 6) @ ® the complainant, and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing. The Commission sent questionnaires to parties known to be concerned and received responses from two of the three complainant producers, toge- ther with one Taiwanese producer and a Taiwanese trader. None of the six alleged Korean producers nor the importer known to the Commission replied to the Commission’s questionnaire. One company named as a related importer replied stating that it had not imported LAECS during the investigation period. The Commission sought and verified all informa- tion it deemed to be necessary for the purposes of a preliminary determination and carried out investi- gations at the premises of the following: (a) Complainant Community producers : — Nederlandse Philips Bedrijven BV, Zwolle, Netherlands, — Roederstein GmbH, Kirchzarten, Germany ; (b) Exporters and producers in Taiwan : — Kaimei Electronic Corp., Taipei, — Lelon Electronics Corp., Taichung. The investigation of dumping covered the period 1 January to 31 December 1992 (‘the investigation period). . B. PRODUCT UNDER CONSIbERATION AND LIKE PRODUCT (i) Description of the product concerned The products under investigation are large electrical capacitors, non-solid, aluminium electrolytic, with a CV product (capacitance multiplied by rated voltage) between 8 000 and 550 000 pc (microcou- lombs) at a voltage of 160 V or more, falling within CN code ex 853222 00. When compared to the previous proceeding concerning Japan, this product description covers a larger range of capacitors, namely those of lower and higher capacitance in order to take account of new technical and market development. The types of capacitors subject to this investigation are, never- theless, as in the previous proceeding, generally