LegalizeCouncil Regulation (EEC) No 2861/93 of 18 October 1993 imposing a definitive anti-dumping duty on imports of certain magnetic disks (3,5" microdisks) originating in Japan, Taiwan and the People's Republic of China, and collecting definitively the provisional duty imposed
1993R2861 — EN — 17.12.1998 — 001.001
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Amended by:
COUNCIL REGULATION (EEC) No 2861/93
of 18 October 1993
imposing a definitive anti-dumping duty on imports of certain magnetic disks (3,5″ microdisks) originating in Japan, Taiwan and the People's Republic of China, and collecting definitively the provisional duty imposed
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to 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 (1), and in particular Article 12 thereof,
Having regard to the proposal submitted by the Commission after consultation within the Advisory Committee as provided for under the above Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
A definitive anti-dumping duty is hereby imposed on imports of 3,5″ microdisks used to record and store encoded digital computer information falling within CN code ex852320 90 (Taric code 85232090*40) and originating in Japan, Taiwan and the People's Republic of China, with the exception of 3,5″ microdisks based on optically continuous servo tracking technology or magnetic sector servo tracking technology with a storage capacity of 120 MB or more.
The rate of duty applicable to the net free-at-Community-frontier price, not cleared through customs, shall be as follows:
(a)40,9 % in respect of the products specified in paragraph 1 originating in Japan (Taric additional code: 8708 ), with the exception of imports which are manufacted and sold for export to the Community by the following companies, which shall be subject to the rates of duty mentioned hereunder: — Memorex Telex Japan Ltd: (Taric additional code: 8705), 6,1 % — Hitachi-Maxell: (Taric additional code: 8706), 20,6 % — TDK: (Taric additional code: 8707); 26,7 %
(b)32,7 % in respect of the products specified in paragraph 1 originating in Taiwan (Taric additional code: 8710 ), with the exception of imports which are manufactured and sold for export to the Community by the following company, which shall be subject to the rate of duty mentioned hereunder: — CIS Technology: (Taric additional code: 8709); 19,8 %
(c)39,4 % in respect of the products specified in paragraph 1 originating in the People's Republic of China (Taric additional code: 8712 ), with the exception of imports which are manufactured and sold for export by the following company, which shall be subject to the rate of duty mentioned hereunder: — Hanny: Magnetics: (Taric additional code: 8711). 35,6 %
The provisions in force concerning customs duties shall apply to the said duty.
Article 2
The amounts secured by way of the provisional anti-dumping duty under Regulation (EEC) No 920/93 in respect of 3,5″ microdisks shall be definitively collected. Where the provisional duty exceeds the duty rate definitively imposed, the amount collected should not exceed that of the definitive duty.
Amounts secured in excess of the definitive rate of duty shall be released.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
(1) OJ No L 209, 2. 8. 1988, p. 1.
(2) OJ No L 95, 21. 4. 1993, p. 5.
(3) OJ No L 196, 5. 8. 1993, p. 47.
(4) OJ No L 134, 31. 5. 1980, p. 1.
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