Council Regulation (EC) No 84/2005

of 18 January 2005

amending the Annex to Regulation (EC) No 2042/2000 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 Community1 (the ‘basic Regulation’),

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.PREVIOUS PROCEDURES
(1)
The Council, by Regulation (EC) No 1015/942, imposed a definitive anti-dumping duty on imports of television camera systems (‘TCS’) originating in Japan.
(2)

In Article 1(3)(e) of Regulation No 1015/94, the Council specifically excluded from the scope of the anti-dumping duty camera systems listed in the Annex to that Regulation (‘the Annex’), representing high-end professional camera systems technically falling within the product definition under Article 1(2) of Regulation (EC) No 1015/94, but which cannot be regarded as television camera systems.

(3)
In October 1995, the Council, by Regulation (EC) No 2474/953, amended Regulation (EC) No 1015/94, in particular as regards the definition of the like product and certain models of professional camera systems which were explicitly exempted from the definitive anti-dumping duty.
(4)
In October 1997, the Council, by Regulation (EC) No 1952/974, amended the rates of the definitive anti-dumping duty for two companies concerned, namely for Sony Corporation and Ikegami Tsushinki Co. Ltd pursuant to 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 by adding them to the Annex.
(5)
In January 1999 and January 2000, the Council, by Regulations (EC) No 193/19995 and (EC) No 176/20006, amended Regulation (EC) No 1015/94 by adding certain successor models of professional camera systems to the Annex and thus excluding those from the application of the definitive anti-dumping duty. In October 2004, the Council, by Regulation (EC) 1754/20047, amended Regulation (EC) No 176/2000.
(6)
In September 2000, the Council, by Regulation (EC) No 2042/20008, confirmed the definitive anti-dumping duties imposed by Regulation (EC) No 1015/94 pursuant to Article 11(2) of the basic Regulation.
(7)
In January 2001 and in May 2001, the Council, by Regulations (EC) No 198/20019 and (EC) No 951/200110, amended Regulation (EC) No 2042/2000 by adding certain successor models of professional camera systems to the Annex to Regulation (EC) No 2042/2000 and thus excluding them from the application of the definitive anti-dumping duty.
(8)
In September 2001, further to an interim review pursuant to Article 11(3) of the basic Regulation, the Council, by Regulation (EC) No 1900/200111 confirmed the level of the definitive anti-dumping duty imposed by Regulation (EC) No 2042/2000 on imports of TCS from the exporting producer Hitachi Denshi Ltd.
(9)
In September 2002, the Council, by Regulation (EC) No 1696/200212, amended Regulation (EC) No 2042/2000 by adding certain successor models of professional camera systems to the Annex to Regulation (EC) No 2042/2000 and thus excluding them from the application of the definitive anti-dumping duty.
(10)

In April 2004, the Council, by Regulation (EC) No 825/2004, amended Regulation (EC) No 2042/2000 by adding certain successor models of professional camera systems to the Annex to Regulation (EC) No 2042/2000 and thus excluding them from the application of the definitive anti-dumping duty.

B.INVESTIGATION CONCERNING NEW MODELS OF PROFESSIONAL CAMERA SYSTEMS
1.Procedure
(11)

Two Japanese exporting producers, namely Sony Corporation (‘Sony’) and Victor Company of Japan Limited (‘JVC’) informed the Commission that they intended to introduce new models of professional camera systems into the Community market and requested the Commission to add these new models of professional camera systems, including their accessories, to the Annex to Regulation (EC) No 2042/2000 and thus exempt them from the scope of the anti-dumping duties.

(12)

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 (EC) No 2042/2000 should be amended accordingly.

2.Models under investigation
(13)The requests for exemption were received for the following models of camera systems, supplied with the relevant technical information:
  1. (i)

    Sony:

    • viewfinder HDVF-C30W

  2. (ii)

    JVC:

    • Camera head KY-F560E

The Sony viewfinder was presented as a model which can only be used with camcorders, cameras that are outside the scope of Regulation (EC) No 2042/2000. The JVC model was presented as a successor to a professional camera model already excluded from the anti-dumping measure in force.

3.Findings
(i)Viewfinder HDVF-C30W
(14)

It was found that viewfinder HDVF-C30W falls under the product description of Article 1(2)(b) of Regulation (EC) No 2042/2000. However, it can only be used with camera heads that do not fall under the product description of Article 1(2)(a) of that Regulation. In particular, the signal-to-noise ratio of these camera heads is 54 dB, whereas the description in Regulation (EC) No 2042/2000 for the camera heads requires ‘55 dB or more at normal gain’. Therefore, it was concluded that this viewfinder should be regarded as a professional camera system falling within the definition of Article 1(3)(e) of Regulation (EC) No 2042/2000. As a result, this viewfinder should be excluded from the scope of the existing anti-dumping measures and added to the Annex to Regulation (EC) No 2042/2000.

(15)

In accordance with the established Community Institutions' practice, this model should be exempted from the duty from the date of receipt by the Commission services of the relevant request for exemption. Therefore, all imports of Sony-Viewfinder HDVF-C30W imported on or after 1 April 2003 should be exempted from the duty from this date.

(ii)Camera head KY-F560E
(16)

It was found that camera head KY-F560E, although falling within the product description of Article 1(2)(a) of Regulation (EC) No 2042/2000, is mainly used in technical and medical applications. It was therefore concluded that this model was to be regarded as a professional camera system falling within the definition of Article 1(3)(e) of Regulation (EC) No 2042/2000. It should therefore be excluded from the scope of the existing anti-dumping measures and added to the Annex to Regulation (EC) No 2042/2000.

(17)

In accordance with the established Community Institutions’ practice, this model should be exempted from the duty from the date of receipt by the Commission services of the relevant request for exemption. Therefore, all imports of JVC-Camera head KY-F560E imported on or after 15 April 2004 should be exempted from the duty from this date.

4.Information of the interested parties and conclusions
(18)

The Commission informed the Community industry and the exporters of the TCS of its findings and provided them with an opportunity to present their views. None of the parties objected to the Commission's findings.

(19)

On the basis of the foregoing, Regulation (EC) No 2042/2000 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 2042/2000 shall be replaced by the text in the Annex hereto.

Article 2

1.

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

2.

This Regulation shall apply to imports of the following models produced and exported to the Community by the following exporting producers:

(a)

Sony from 1 April 2003:

  • Viewfinder HDVF-C30W;

(b)

JVC from 15 April 2004:

  • Camera head KY-F560E.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 January 2005.

For the Council

The President

J.-C. Juncker

ANNEX

‘ANNEXList of professional camera systems not qualified as television camera systems (broadcast camera systems) which are exempted from the measures

Company name

Camera heads

Viewfinder

Camera control unit

Operational control unit

Master control unit13

Camera adapters

Sony

DXC-M7PK

DXC-M7P

DXC-M7PH

DXC-M7PK/1

DXC-M7P/1

DXC-M7PH/1

DXC-327PK

DXC-327PL

DXC-327PH

DXC-327APK

DXC-327APL

DXC-327AH

DXC-537PK

DXC-537PL

DXC-537PH

DXC-537APK

DXC-537APL

DXC-537APH

EVW-537PK

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-D30WSP14

DXC-D35PH14

DXC-D35PL14

DXC-D35PK14

DXC-D35WSPL14

DSR-135PL14

DXF-3000CE

DXF-325CE

DXF-501CE

DXF-M3CE

DXF-M7CE

DXF-40CE

DXF-40ACE

DXF-50CE

DXF-601CE

DXF-40BCE

DXF-50BCE

DXF-701CE

DXF-WSCE14

DXF-801CE14

HDVF-C30W14

CCU-M3P

CCU-M5P

CCU-M7P

CUU-M5AP14

RM-M7G

RM-M7E14

–—

CA-325P

CA-325AP

CA-325B

CA-327P

CA-537P

CA-511

CA-512P

CA-513

VCT-U1414

Ikegami

HC-340

HC-300

HC-230

HC-240

HC-210

HC-390

LK-33

HDL-30MA

HDL-37

HC-40014

HC-400W14

HDL-37E

HDL-10

HDL-40

VF15-21/22

VF-4523

VF15-39

VF15-4614

VF504014

VF5040W14

MA-200/230

MA-200A14

MA-40014

CCU-37

CCU-10

RCU-240

RCU-39014

RCU-40014

RCU-240A

—

CA-340

CA-300

CA-230

CA-390

CA-40014

CA-45014

Hitachi

HV-C10F

Z-ONE (L)

Z-ONE (H)

Z-ONE

Z-ONE A (L)

Z-ONE A (H)

Z-ONE A (F)

Z-ONE A

Z-ONE B (L)

GM-5114

RC-C1

RC-C10

RU-C10

RU-Z1 (B)

RU-Z1 (C)

RU-Z1

RC-C11

RU-Z2

RC-Z1

—

—

CA-Z1HB

CA-C10

CA-C10SP

CA-C10SJA

CA-C10M

CA-C10B

CA-Z1A14

CA-Z3114

CA-Z3214

CA-ZD114

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)

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)

Z-ONE.DA14

V-2114

V-21W14

RC-Z11

RC-Z2

RC-Z21

RC-Z2A14

RC-Z21A14

RU-Z314

RC-Z314

Matsushita

WV-F700

WV-F700A

WV-F700SHE

WV-F700ASHE

WV-F700BHE

WV-F700ABHE

WV-F700MHE

WV-F350

WV-VF65BE

WV-VF40E

WV-VF39E

WV-VF65BE13

WV-VF40E13

WV-VF42E

WV-VF65B

AW-VF80

WV-RC700/B

WV-RC700/G

WV-RC700A/B

WV-RC700A/G

WV-RC36/B

WV-RC36/G

WV-RC37/B

WV-RC37/G

—

—

WV-AD700SE

WV-AD700ASE

WV-AD700ME

WV-AD250E

WV-AD500E13

AW-AD500AE

AW-AD700BSE

WV-F350HE

WV-F350E

WV-F350AE

WV-F350DE

WV-F350ADE

WV-F500HE13

WV-F-565HE

AW-F575HE

AW-E600

AW-E800

AW-E800A

AW-E650

AW-E655

AW-E750

WV-CB700E

WV-CB700AE

WV-CB700E13

WV-CB700AE13

WV-RC700/B13

WV-RC700/G13

WV-RC700A/B13

WV-RC700A/G13

WV-RC550/G

WV-RC550/B

WV-RC700A

WV-CB700A

WV-RC550

WV-CB550

AW-RP501

AW-RP505

JVC

KY-35E

KY-27ECH

KY-19ECH

KY-17FITECH

KY-17BECH

KY-F30FITE

KY-F30BE

KY-F560E

KY-27CECH

KH-100U

KY-D29ECH

KY-D29WECH14

VF-P315E

VF-P550E

VF-P10E

VP-P115E

VF-P400E

VP-P550BE

VF-P116

VF-P116WE14

VF-P550WE14

RM-P350EG

RM-P200EG

RM-P300EG

RM-LP80E

RM-LP821E

RM-LP35U

RM-LP37U

RM-P270EG

RM-P210E

—

—

KA-35E

KA-B35U

KA-M35U

KA-P35U

KA-27E

KA-20E

KA-P27U

KA-P20U

KA-B27E

KA-B20E

KA-M20E

KA-M27E

Olympus

MAJ-387N

MAJ-387I

OTV-SX 2

OTV-S5

OTV-S6

Camera OTV-SX’

13

Also called master set up unit (MSU) or master control panel (MCP).

14

Models exempted under the condition that the corresponding triax system or triax-adapter is not sold on the Community market.