No L 182/6 Official Journal of the European Communities 2.7.92 COUNCIL REGULATION (EEC) No 1769/92 of 29. June 1992 amending Regulation (EEC) No 1768/89 in respect of the definitive anti-dumping duty on certain imports of video cassettes originating in Hong 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 régard to the proposal submitted by the Commis- sion after consultation within the Advisory Committee as provided for under the above Regulation, Whereas : I. PREVIOUS PROCEDURE (1) By Regulation (EEC) No 1768/89 (?), the Council imposed a definitive anti-dumping duty of 21,9 % on imports of VHS video tape in cassettes (herei- nafter referred to as ‘video cassettes’) falling within CN code ex 8523 13 00 and originating in Hong Kong, with the exception of imports from several exporters especially 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 investigation period (new- comers), the Council noted that the Commission is ready to initiate without delay a review proceeding if the exporting company can show the Commis- sion, and supply to that effect sufficient evidence, that it did not export the products concerned tothe Community during the period of investigation. The company also has to demonstrate that it started or will start those exports after the said period and that it is not related to or associated with any of the companies subject to the investigation. () OJ No L 209, 2. 8. 1988, p. 1. (®» OJ No L 174, 22. 6. 1989, p. 1. As amended by Regulation (EEC) No 3522/90 (OJ No L 343, 7. 12. 1990, p. 1)} Kong II. REVIEW PROCEDURE (3) By a notice published in the Official Journal (*) on 12 October 1991, the Commission, after consul- taion within the Advisory Committee and in accor- dance 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, Bico Magnetics Ltd. That company had submitted that it had not exported the products subject to the anti-dumping duty during the original period of investigation (1 January to 30 November 1987). In addition, it submitted that it was not related to any of the companies in respect of which dumping was found to have occurred in the previous investigation. Moreover, no evidence was found that it had ever exported video cassettes to the Community. Accordingly, the Commission commenced an investigation in order to verify whether Bico Magnetics Ltd 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 Bico Magnetics Ltd had not previously exported or produced video cassettes which were exported to the Community and was now about to begin such exports. In addi- tion, 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 to have occurred. The Council confirms that it should accordingly be considered as a newcomer and that a partial review of Regulation (EEC) No 1768/89, inasmuch as it concerned Bico Magnetics Ltd, was warrented. 2. Normal value (5  Since Bico Magnetics Ltd did not sell any video cassettes on the domestic market during the inves- tigation period for this review (from 1 January to 30 June 1991), normal value was determined on the basis of the constructed value of the product concerned in accordance with Article 2 (3) (b) of () OJ No C 266, 12. 10. 1991, p. 7.