Proposal for a Council Regulation amending Regulation (EC) No 1015/94 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan
EN COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 07. 01. 2000 COM(1999) 735 final Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1015/94 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan (presented by the Commission) EXPLANATORY MEMORANDUM By Council Regulation (EC) No 1015/94 (as subsequently amended)1 a definitive anti-dumping duty was imposed on imports of certain television camera systems originating in Japan. The Council specifically excluded from the scope of the anti- dumping duty the professional camera systems listed in the Annex to that Regulation, representing high-end professional camera systems technically falling within the product definition of the above-mentioned Regulation, but which cannot be regarded as broadcast camera systems. Subsequently, the Commission received requests from five Japanese producers of television camera systems to add certain successor models of camera systems already exempted from the duty to the Annex to Council Regulation (EC) No 1015/94 and thus exempt them from the application of the duty. The attached Council Regulation contains more detailed information, showing that the concerned models are almost identical with their predecessor models and thus should be included in the above mentioned Annex. It is consequently proposed to amend the Annex to Council Regulation 1015/94 (as subsequently amended) and approve the publication of the attached Regulation in the Official Journal of the European Community. 1 OJ L 111, 30. 4. 1994, p. 106, as last amended by Regulation (EC) No 193/1999 (OJ L 22, 29. 1. 1999, p. 10) 3 Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1015/94 imposing a definitive anti-dumping duty on imports of television camera systems 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 Community2, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURES (1) (2) (3) The Council, by Regulation (EC) No 1015/943, imposed a definitive anti- dumping duty on imports of television camera systems (hereinafter “TCS”) originating in Japan. The Council specifically excluded from the scope of the anti-dumping duty the professional camera systems listed in the Annex to that Regulation (hereinafter referred to as “the Annex”), representing high-end professional camera systems technically falling within the product definition under Article 1 (2) of Regulation (EC) No 1015/94, as amended by Council Regulation (EC) No 2474/954 but which cannot be regarded as broadcast cameras. In October 1995, the Council, by Regulation (EC) No 2474/95, amended the above-mentioned Regulation (EC) No 1015/94, in particular as regards the like product definition and as regards certain models of professional camera systems explicitly exempted from the scope of the definitive anti-dumping duty. 2 3 4 OJ L 56, 6. 3. 1996, p. 1. as last amended by Regulation (EC) No 905/98 (OJ L 128, 30. 4. 1998, p. 18. ) OJ L 111, 30. 4. 1994, p. 106. OJ L 255, 25. 10. 1995, p. 11. 4 (4) (5) In October 1997, the Council, by Regulation (EC) No 1952/975 amended the rates of the definitive anti-dumping duty for two companies concerned, namely for Sony Corporation and Ikegami Tsushinki in accordance with Article 12 of the Basic Regulation. Furthermore, the Council specifically excluded from the scope of the anti-dumping duty certain new models of professional camera systems adding them to the Annex of the above- mentioned Regulation (EC) No 1015/94. In January 1999, the Council, by Regulation (EC) No 193/19996 amended Regulation (EC) No 1015/94 adding certain successor models of professional camera systems to its Annex and thus excluding those from the application of the definitive anti-dumping duty. B. INVESTIGATION CONCERNING NEW MODELS OF PROFESSIONAL CAMERA SYSTEMS 1. Procedure (6) (7) Subsequently, a number of Japanese exporting producers informed the Commission that they intended to introduce new models of professional camera systems into the Community market and requested to add these new models of professional camera systems and their accessories to the Annex and thus exempt them from the scope of the anti-dumping duties. The Commission informed the Community industry accordingly and commenced an investigation limited to the determination of whether the products under consideration fall within the scope of the anti-dumping duties and whether the operational part of Regulation 1015/94 should be amended accordingly. 2. Models under investigation (8) Applications were received for the following models of professional camera systems, supplied with the relevant technical information: (i) Hitachi Denshi, Ltd. (hereinafter “Hitachi”) – Camera head V-21, which was presented as a successor model of camera head Z-ONE. DA, and which was sold without a triax adaptor – new accessories to V-21: - 1. 5 inch viewfinder GM-9, which was presented as the standard viewfinder for camera head model V-21 - camera adaptor CA-Z31 and CA-Z32, which were presented as successor models of camera adaptors CA-Z1A and CA-Z2 already included in the Annex , and which are to be connected with the camera head model V-21 5 6 OJ L 276, 9. 10. 1997, p. 20. OJ L 22, 29. 1. 1999, p. 10 5 - camera control panel RC-Z2A and RC-Z21A, which were presented as successor models of camera control panels RC-Z2 and RC-Z21, already included in the Annex. – Camera head V-21W, which was presented as the wide screen version of camera head V-21 – 5 inch viewfinder GM-51, which was presented as the standard viewfinder for camera head model V-21W All above models are sold without a corresponding triax system or triax adaptor. (ii) Olympus Winter & IBE GmbH (hereinafter “Olympus”) – camera control unit OTV-S6, which was represented as a model used in the medical sector and as a successor model of OTV-S5, already included in the Annex. (iii) Matsushita – – camera head AW-F575HE, which was presented as a successor model of camera head WV-F565HE already included in the Annex camera adaptor AW-AD500AE and AW-AD700BSE, which were presented as successor models of camera adaptor WV-AD500E and WV- AD700ASE already included in the Annex. (iv) Ikegami Tsushinki Co, Ldt (hereinafter “Ikegami”) – – camera head HC-400 and HC-400W, which were presented as successor models of camera head HC 390 already included in the Annex. new accessories to camera head HC-400 and HC-400W - viewfinders VF15-46 - operational control panel RCU-390 - camera adaptor CA-400 - camera control unit MA-200A All above models are sold without a corresponding triax system or triax adaptor. (v) Victor Company of Japan, Ldt (hereinafter “JVC”) – – camera head KY-D29WECH, which was presented as a wide-screen version of the predecessor model KY-D29ECH already included in the Annex viewfinders VF-P116WE and VF-P550WE, which can be connected to the above-mentioned new camera head KY-D29WECH and which are successor models of the viewfinders VF-P116, respectively VF-P550BE, already included in the Annex. 6 All above models are sold without a corresponding triax system or triax adaptor. 3. Findings (9) (10) The Commission carried out a technical examination including a detailed comparison of the models concerned with their predecessor models listed in the Annex and found that they were almost completely identical. The small differences found are the result of the technical development in the TCS sector but did not affect the classification of these TCS as professional camera systems. Therefore, it was concluded that all models concerned should be excluded from the scope of the existing anti-dumping measures. The Commission informed the Community producers and the exporters of TCS of its findings and provided them with an opportunity to present their views. On this basis and in the light of the fact that the interested parties did not object to the Commission’s conclusions, all models and related equipment listed in recital 8 are professional camera systems. It follows that they should be exempted from the application of the anti-dumping duty applicable to certain television camera systems originating in Japan, and that the Annex should be amended accordingly. HAS ADOPTED THIS REGULATION: The Annex of Regulation (EC) No 1015/94 shall be replaced by the Annex hereto. Article 1 Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Commission. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President 7 ANNEX List of professional camera systems not qualified as broadcast camera systems which are exempted from the measures Company name Camera heads Viewfinder Camera control unit Operational Master control Camera adaptors control unit unit (*) Sony DXC-M7PK DXF-3000CE CCU-M3P RM-M7G __ CA-325P CA-325AP CA-325B CA-327P CA-537P CA-511 CA-512P CA-513 VCT-U14(1) DXC-M7P DXF-325CE CCU-M5P DXC-M7PH DXF-501CE CCU-M7P DXC-M7PK/1 DXF-M3CE DXC-M7P/1 DXF-M7CE DXC-M7PH/1 DXF-40CE DXC-327PK DXF-40ACE DXC-327PL DXF-50CE DXC-327PH DXF-601CE DXC-327APK DXF-40BCE DXC-327APL DXF-50BCE DXC-327AH DXF-701CE DXC-537PK DXF-WSCE(1) DXC-537PL DXC-537PH DXC-537APK DXC-537APL DXC-537APH EVW-537PK …/… (1) Models exempted under the condition that the corresponding triax system or triax adaptor is not sold in the EC-market. 8 Company name Camera heads Viewfinder Camera control unit Operational Master control Camera adaptors control unit unit (*) …/… EVW-327PK DXC-637P DXC-637PK DXC-637PL DXC-637PH PVW-637PK PVW-637PL DXC-D30PF DXC-D30PK DXC-D30PL DXC-D30PH DSR-130PF DSR-130PK DSR-130PL PVW-D30PF PVW-D30PK PVW-D30PL DXC-327BPF DXC-327BPK DXC-327BPL DXC-327BPH DXC-D30WSP(1) (1) Models exempted under the condition that the corresponding triax system or triax adaptor is not sold in the EC-market. 9 Company name Camera heads Viewfinder Camera control unit Operational Master control Camera adaptors control unit unit (*) Ikegami HC-340 VF15-21/22 MA-200/230 RCU-240 __ CA-340 MA-200A(1) RCU-390(1) CA-300 CA-230 CA-390 CA-400(1) VF-4523 VF15-39 VF15-46(1) VF5040(1) VF5040W(1) HC-300 HC-230 HC-240 HC-210 HC-390 LK-33 HDL-30MA HDL-37 HC-400(1) HC-400W(1) Hitachi SK-H5 GM-5 (A) RU-C1 (B) __ __ CA-Z1 SK-H501 GM-5-R2 (A) RU-C1 (D) DK-7700 GM-5-R2 RU-C1 DK-7700SX GM-50(1) RU-C1-S5 HV-C10 HV-C11 HV-C10F Z-ONE (L) Z-ONE (H) Z-ONE Z-ONE A (L) …/… GM-8A(1) RU-C10 (B) GM-9(1) GM-51(1) RU-C10 (C) RC-C1 RC-C10 RU-C10 RU-Z1 (B) RU-Z1 (C) …/… CA-Z2 CA-Z1SJ CA-Z1SP CA-Z1M CA-Z1M2 CA-Z1HB CA-C10 CA-C10SP CA-C10SJA CA-C10M …/… (1) Models exempted under the condition that the corresponding triax system or triax adaptor is not sold in the EC-market. 10 Company name Camera heads Viewfinder Camera control unit Operational Master control Camera adaptors control unit unit (*) …/… CA-C10B CA-Z1A(1) CA-Z31(1) CA-Z32(1) …/… RU-Z1 RC-C11 RU-Z2 RC-Z1 RC-Z11 RC-Z2 RC-Z21 RC-Z2A(1) RC-Z21A(1) …/… Z-ONE A (H) Z-ONE A (F) Z-ONE A Z-ONE B (L) Z-ONE B (H) Z-ONE B (F) Z-ONE B Z-ONE B (M) Z-ONE B (R) FP-C10 (B) FP-C10 (C) FP-C10 (D) FP-C10 (G) FP-C10 (L) FP-C10 (R) FP- C10 (S) FP-C10 (V) FP-C10 (F) FP-C10 FP-C10 A FP-C10 A (A) FP-C10 A (B) …/… (1) Models exempted under the condition that the corresponding triax system or triax adaptor is not sold in the EC-market 11 Company name Camera heads Viewfinder Camera control unit Operational Master control Camera adaptors control unit unit (*) …/… FP-C10 A (C) FP-C10 A (D) FP-C10 A (F) FP-C10 A (G) FP-C10 A (H) FP-C10 A (L) FP-C10 A (R) FP-C10 A (S) FP-C10 A (T) FP-C10 A (V) FP-C10 A (W) Z-ONE C (M) Z-ONE C (R) Z-ONE C (F) Z-ONE C HV-C20 HV-C20M Z-ONE-D Z-ONE-D (A) Z-ONE-D (B) Z-ONE-D (C) …/… (1) Models exempted under the condition that the corresponding triax system or triax adaptor is not sold in the EC-market 12 Company name Camera heads Viewfinder Camera control unit Operational Master control Camera adaptors control unit unit (*) …/… Z-ONE. DA(1) V-21(1) V-21W(1) Matsushita WV-F700 WV-VF65BE WV-RC700/B __ __ WV-AD700SE WV-AD700ASE WV-AD700ME WV-AD250E WV-AD500E (*) AW-AD500AE AW-AD700BSE WV-F700A WV-VF40E WV-RC700/G WV-F700SHE WV-VF39E WV-RC700A/B WV-F700ASHE WV-VF65BE (*) WV-RC700A/G WV-F700BHE WV-VF40E (*) WV-RC36/B WV-F700ABHE WV-VF42E WV-RC36/G WV-F700MHE WV-F350 WV-F350HE WV-F350E WV-F350AE WV-F350DE WV- RC37/B WV-RC37/G WV-CB700E WV-CB700AE WV-CB700E (*) WV-CB700AE (*) WV-F350ADE WV-RC700/B (*) WV-F500HE (*) WV-RC700/G (*) WV-F-565HE AW-F575HE WV-RC700A/B (*) WV-RC700A/G (*) WV-RC550/G WV-RC550/B (1) Models exempted under the condition that the corresponding triax system or triax adaptor is not sold in the EC-market 13 Company name Camera heads Viewfinder Camera control unit Operational Master control Camera adaptors control unit unit (*) JVC KY-35E VF-P315E RM-P350EG __ __ KA-35E KY-27ECH VF-P550E RM-P200EG KY-19ECH VF-P10E RM-P300EG KY-17FITECH VP-P115E RM-LP80E KY-17BECH VF-P400E RM-LP821E KY-F30FITE VP-P550BE RM-LP35U KY-F30BE VF-P116 RM-LP37U KY-27CECH VF-P116WE(1) RM-P270EG KH-100U VF-P550WE(1) KY-D29ECH KY-D29WECH(1) Olympus MAJ-387N MAJ-387I OTV-SX 2 OTV-S5 OTV-S6 Camera OTV-SX KA-B35U KA-M35U KA-P35U KA-27E KA-20E KA-P27U KA-P20U KA-B27E KA-B20E KA-M20E KA-M27E (*)Also called master set up unit (MSU) or master control panel (MCP). (1) Models exempted under the condition that the corresponding triax system or triax-adaptor is not sold on the EC market 14