15. 10. 92 Official Journal of the European Communities No L 299/43 COMMISSION DECISION of 12 October 1992 accepting an undertaking in connection with the anti-dumping proceeding concerning imports on certain types of electronic microcircuits known as DRAMs (dynamic random access memories) originating in Japan, and terminating the investigation with regard to the producer in question (92/494/EEC) THE COMMISSION 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 10 thereof, After consultations within the Advisory Committee as provided under by the above Regulation, Whereas : I. PREVIOUS PROCEDURE (). The Commission, by Regulation (EEC) No 165/90 (3, accepted undertakings offered by certain producing companies in connection with the anti-dumping proceeding concerning imports of certain types of electronic microcircuits known as DRAMs (dynamic random access memories) originating in Japan. Subsequently, the Council, by Regulation (EEC) No 2112/90 (}) as amended by Regulation (EEC) No 3049/90 (*), imposed a defini- tive anti-dumping duty on imports of the product concerned. (2  The undertakings offered by the producing compa- nies concerned and accepted by the Commission have the effect of ensuring that these producers’ DRAM sales prices in the Community do not fall below a certain reference price level which is consi- dered adequate to eliminate to a satisfactory extent the material injury caused to the complainant companies. The reference prices are adjusted quar- terly on the basis of a formula contained in the undertakings and the production costs of all produ- cing companies from which undertakings have been accepted. () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 20, 25. 1. 1990, p. S. () O] No L 193, 25. 7. 1990, p. 1. () OJ No L 292, 24. 10. 1990, p. 16. II. PRODUCT CONCERNED (3)  The products concerned are certain types of elec- tronic microcircuits known as DRAMs as defined in Regulation (EEC) No 2112/90. Finished DRAMs fall within CN codes 8542 11 12, 85421114, 85421116 and 85421118, DRAM wafers within CN code ex 8542 11 01, DRAM dice within CN code ex 85421105 (chips), and memory boards (modules) within CN codes ex 8473 30 10 or ex 8548 00 00. III. REVIEW PROCEDURE (4 By a notice published on 25 February 1992 () the Commission, after consultation within the Advisory Committee, and in accordance with Article 14 of Regulation (EEC) No 2423/88 initiated a partial review of Regulation (EEC) No 2112/90 with regard to DRAMs produced in Japan by Motorola Incor- porated (Motorola). (5) In the framework of the investigation conducted the Commission sought and verified all informa- tion it deemed to be necessary for the purposes of this proceeding and carried out an investigation at the premises of the following producer in Japan : — Tohoku Semiconductor Corporation (TSC), Sendai, Japan (a joint venture company owned by Motorola and Toshiba). (6) The period of investigation of the partial review was 1 July to 31 December 1991. IV. RESULTS OF THE INVESTIGATION (7  The investigation showed that Motorola started commercial production of DRAMs in Japan in the framework of its joint venture, TSC, in October 1988, i.e. after the initial period of investigation (1 April 1986 to 31 March 1987). It was further- more established that in the framework of the joint venture the available production capacity of the joint-venture company TSC is allocated in equal parts to the parent companies according to their individual product requirements on the basis of regular projections. () OJ No C 50, 25. 2. 1992, p. 3.