No L 275/24 Official Journal of the European Communities 2. 10. 91 COUNCIL REGULATION (EEC) No 2900/91 of 1 October 1991 amending Regulation (EEC) No 1048/90 with regard to the imposition of a definitive anti-dumping duty on imports of small screen colour television receivers originating in the Republic of Korea 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 subsi- dized imports from countries not members of the Euro- pean Economic Community (), and in particular Article 14 thereof, Having regard to the proposal submitted by the Commis- sion after consultation within the Advisory Committee as provided for under the above Regulation, I. PREVIOUS PROCEDURE (a) Imposition of definitive anti-dumping duty (1) In February 1988 the Commission initiated an anti-dumping proceeding concerning imports of small screen colour television receivers (hereafter referred to as SCT'Vs) originating in the Republic of Korea (3. This followed a complaint lodged by the European Association of Consumer Electronic Manufacturers (EACEM), representing a major proportion of Community production. Following an investigation, a provisional anti-dumping duty was imposed by Commission Regulation (EEC) No 3232/89 (°), and a definitive duty was subsequently imposed by Council Regulation (EEC} No 1048/90 (4. (b) General duty (2 Under Regulation (EEC) No 1048/90, duties of between 10,2 and 10,5 % were imposed on imports from three exporters cooperating in the investiga- tion. (3) The duty applicable to other Korean exporters ty app P (hereafter referred to as the ‘general duty’) and in particular to one exporter who refused to cooperate () OJ No L 209, 2. 8. 1988, p. 1. () O] No C 44, 17. 2. 1988, p. 2. () O No L 314, 28. 10. 1989, p. 1. () OJ No L 107, 27. 4. 1990, p. 56. ) ® @ in the investigation and who was known to have exported large quantities of the product concerned to the Community, was established on the basis of what were considered to be the most appropriate facts available, i.e. by comparing an export price based on the average cif unit price of imports into_ the Community from Korea with a normal value based on the average domestic selling price of the cooperating Korean exporters. The margin thus established was 19,6 %. I1. REVIEW PROCEDURE In November 1990, the Commission received information from the Electronic Industries Associa- tion of Korea (EIAK) to the effect that the non- cooperating exporter mentioned above was no longer exporting SCTVs to the European Commu- nity. It was alleged that this changed situation removed the justification for the 19,6 % general duty and suggested that it should be reduced to the level of the highest duty imposed on imports of a cooperating exporter (i.e. 10,5 %). After consulting the Advisory Committee, the Commission decided that there was sufficient evidence to justify the initiation of a partial review, limited in scope to the question of whether or not to modify the general duty. The partial review was opened on the initiative of the Commission, in accordance with Article 14 of Regulation (EEC) No 2423/88, by a notice pubished in the Official Journal of the European Communities(°). The Commission officially advised EIAK, the exporters who cooperated in the original investiga- tion, the representatives of the exporting country and the complainant in the original proceeding (EACEM), and gave the parties concerned the opportunity to make their views known in writing and to request a hearing. EIAK, some exporters and EACEM made their views known in writing. () OJ No C 18, 26. 1. 1991, p. 3.