2. 4.92 Official Journal of the European Communities No L 87/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 819/92 of 30 March 1992 amending Regulation (EEC) No 112/90 imposing a definitive anti-dumping duty on imports of certain compact disc players originating in Japan and the Republic of Korea and collecting definitively 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 subsi- dized imports from countries not members of the Euro- pean Economic Community ('), Having regard to the proposal submitted by the Commis- sion after consultation within the Advisory Committee as provided for under the above Regulation, Whereas : ) @ Regulation (EEC) No 112/90 () imposed a defini- tive anti-dumping duty on imports of certain compact disc players originating in Japan and the Republic of Korea. Article 1 (1) of the Regulation laid down its scope and, with great precision, the products affected by the anti-dumping duty. The scope includes compact disc players falling within CN code ex 85199910 (Taric code: 8519 99 10 * 10), including those which may be incorporated in a ‘rack’ system but are nevertheless capable of operating alone, separately from the ‘rack’ system, by means of their own power supply and commands. CN code ex 85199910 (Taric code: 8519 99 10 * 10), however, includes a compact disc player incorporated in a rack only in so far as it gives the ‘rack’ its essential character. In other () OJ No L 209, 2. 8. 1988, p. 1. () O] No L 13, 17. 1. 1990, p. 21. &) @ ) cases, i.e. where another apparatus gives the assembly its essential character, the entire ‘rack’ is classified under a different tariff heading and consequently falls outside the scope of Regulation (EEC) No 112/90. Conversely, where the compact disc player is consi- dered to give the ‘rack’ its essential character, the entire set of apparatus is classified under CN code ex 8519 99 10 (Taric code : 8519 99 10 * 10) and the anti-dumping duty is applied to the value of the entire ‘rack’ and not just to the value of the compact disc player component. Combined application to the customs rules and Article 1 (1) of Regulation (EEC) No 112/90 results in the Regulation being implemented in a way which deviates from the aims which the Council assigned to it. Regulation (EEC) No 112/90 was designed in particular to make compact disc players incorporated in a ‘rack’ subject to an anti- dumping duty, whether or not they gave the ‘rack’ its essential character. Furthermore, that Regulation was not designed to make a ‘rack’ incorporating a compact disc player subject to an anti-dumping duty on the basis of its total value but simply on the basis of the value of the compact disc player alone. Consequently Article 1 of Regulation (EEC) No 112/90 must be amended. It is necessary to that end to take account of the fact that a ‘rack’ incorporating a compact disc player may be classified under CN codes ex 85193100, ex 85193900, ex 85199910, ex 8520 31 90, ex 8520 39 10, ex 8520 3990 and ex 85273191 (Taric codes 8510 3100°"10,