22. 5. 92 Official Journal of the European Communities No L 139/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 1292/92 of 18 May 1992 amending Regulation (EEC) No 1768/89 with regard to a definitive anti-dumping duty on imports of video cassettes originating in Hong Kong 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, Whereas : 1. PREVIOUS PROCEDURE (1)  In Regulation (EEC) No 1768/89 (3, the Council imposed in particular a definitive anti-dumping duty of 21,9 % on imports of VHS video tape in cassettes falling within CN code ex 85231300 originating in Hong Kong, with the exception of imports from several exporters specifically mentioned which were subject to a lesser rate of duty or no duty at all. (2  In recital 43 of Regulation (EEC) No 1768/89, with regard to the problem of companies which started or will start exporting own-produced video cassettes to the Community after the investigation period (newcomers), the Council noted that the Commis- sion was ready to initiate without delay a review proceeding whenever the exporting company could show the Commission, and supply to that effect sufficient evidence, that it did not export the products concerned to the Community during the () OJ No L 209, 2. 8. 1988, p. 1. (3 O] No L 174, 22. 6. 1989, p. 1 ; Regulation as amended by Regulation (EEC) No 3522/90 (O] No L 343, 7. 12. 1990, 1). p- 1) period of investigation. The company also had to demonstrate that it only started those exports after the said period and that it was not related to or associated with any of the companies subject to the _ investigation. II. REVIEW PROCEDURE (3) By a notice published on 11 January 1991 () the Commission, after consultation with the Advisory Committee and in accordance with Article 14 of Regulation (EEC) No 2423/88 initiated a review of Regulation (EEC) No 1768/89 with regard to a Hong Kong company, Wai Shing. This company had submitted that it did not export the products subject to the anti-dumping duty during the previous period of investigation (I January — 30 November 1987). In addition, it submitted that it was not related to any of the companies subject to the previous investigation for which dumping was found and provided substantiated evidence that it had just begun to export video cassettes to the Community. Accordingly, the Commission commenced an investigation in order to verify whether Wai Shing could be considered as a newcomer and to establish a dumping margin, if any, for that company. III. RESULTS OF THE INVESTIGATION 1. Newcomer (4 The investigation showed that Wai Shing began to export own-produced video cassettes to the Community after the previous investigation period mentioned in recital 3. In addition, it was found that this company had no link of any sort with the exporters involved in the previous procedure and () OJ No C 7, 11. 1. 1991, p. 2.