4. 12. 92 Official Journal of the European Communities No L 354/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3498/92 of 30 November 1992 amending Regulation (EEC) No 1768/89 in respect of definitive anti-dumping duty on certain 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 abovementioned Regulation, Whereas : I. PREVIOUS PROCEDURE (1) By Regulation (EEC) No 1768/89 (3, the Council imposed a definitive anti-dumping duty of 21,9 % on imports of VHS video tape in cassettes (here- inafter ‘video cassettes’) falling within CN code ex 8523 13 00 originating in Hong Kong, with the exception of imports from several exporters specifi- cally mentioned which were subject to a lesser rate of duty or exempt from duty. (2 In recital 43 of Regulation (EEC) No 1768/89, concerning companies which started, or will start, exporting own-produced video cassettes to the Community after the end of the investigation period (newcomers), the Council noted that the Commission was ready to initiate without delay a review proceeding if the exporting company could show the Commission, and supply sufficient evidence, that it did not export the products concerned to the Community during the period of investigation. The company also has to demonstrate that it started or will start, those exports after the () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 174, 22. 6. 1989, p. 1. Regulation as last amended by Regulation (EEC) No 1769/92 (O] No L 182, 2. 7. 1992, p. 6). said period and that it is not related to, or asso- ciated with, any of the companies subject to the investigation. II. REVIEW (3) By a notice published on 8 April 1992 (%), 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 as it concerned a Hong Kong company, Inter-Cassette (Hong Kong) Ltd. This company had submitted that it did not export the products subject to the anti-dumping duty during the previous period of investigation (1 January — 30 November 1987) but that it. started such exports after the said period. In addi- tion, it submitted that it was not related with any of the companies subject to the previous investigation for which dumping was found. Accordingly, the Commission commenced an investigation in order to verify where Inter-Cassette (Hong Kong) Ltd could be considered as a newcomer and to establish a dumping margin, if any, for this company. IIIl. RESULTS OF THE INVESTIGATION 1. Newcomer (4)  The investigation showed that Inter-Cassette (Hong Kong) Ltd 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 for which dumping was found. The Council confirms that it should accordingly be considered as a newcomer and that () OJ No C 266, 12. 10. 1991, p. 7.