28. 2. 89 Official Journal of the European Communities No L 57/55 COUNCIL REGULATION (EEC) No 501/89 : of 27 February 1989 imposing a definitive anti-dumping duty on imports of certain video cassette recorders originating in Japan and the Republic of Korea and definitively collecting the provisional duty 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 (!), 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, Whereas : M @ &) - The Commission, by A. Provisional measures Regulation (EEC) No 2684/88 (%), as amended by Regulation (EEC) No 2826/88 () imposed a provisional anti-dumping duty on imports of certain video cassette recorders (hereafter referred to as ‘VCRs)) originating in Japan and the Republic of Korea. The duty was extended for a maximum period of two months by Regulation- (EEC) No 4019/88 (4. B. Subsequent procedure Following the imposition of the provisional anti-dumping duty, all the exporters and one independent importer requested and were granted an opportunity to be heard by the Commission: They also made written submissions making known their views on the findings. Upon request,. parties were also informed of the essential facts and considerations on the- basis of which™ it was intended to recommend the imposition -of definitive duties and-the definitive collection - of amounts: secured by way of a provisional duty. They were also granted a period within which to make representations subsequent to these disclosure meetings. Their comments were () OJ No L 209, 2. 8. 1988, p. 1. () O] No L 240, 31. 8. 1988, p. 5. 0 O] No L 254, 14. 9. 1988, p. 14. () OF No L 355, 23. 12. 1988, p. 4. @ ® © considered and, where appropriate, the Commission’s findings were modified to take account of them. C. Scope of the proceeding In recitals 6 to 12 of Regulation (EEC) No 2684/88, the Commission justified the limitition of the proceeding to the Korean and . two- Japanese exporters. The. exporters and one importer maintained the position set out in recital 7, but did not submit "any further evidence, information of arguments. The Council confirms the Commission’s conclusions set out in recitals 8 to 11 of Regulation (EEC) No 2684/88. D. Product under consideration and determi- nation of like product In its provisional findings (recital 13 of Regulation (EEC) No 2684/88), the Commission concluded that the products under consideration were VCRs capable of recording and playing back recorded video and sound signals and therefore exluded so-called video cassette players. In cases where a VCR is combined in one housing with a television monitor this combination has to be regarded as a different product because the VCR does not necessarily determine the character: of the whole product. These combinations contain specific elements which impart an. additional quality to- them. In the application of Regulation (EEC) No 2684/88 the question- arose- as to whether so-called mecadecks should be regarded as VCRs. In order to clarify the situation - it is hereby stated that mecadecks were not formally included in the proceeding by the opening notice (). For the purposes of this proceeding, they cannot be considered to be identical to a VCR because a mecadeck is considered to be an incomplete VCR which'is not capable of performing the functions of independently recording and- playing back a video signal: The. Council therefore concludes that the proceedings are limited to VCRs and do not cover video cassette players, combinations of VCR with a TV monitor and mecadecks. () OJ No C 256, 26. 9. 1987, p. 15.