Opinion of Mr Advocate General Mischo delivered on 13 December 1990

1 Original language: French.

2 Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (OJ 1984 L 201, p. 1).

3 Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade approved by Council Decision of 10 December 1979 concerning the conclusion of Multilateral Agreements resulting from the 1973 to 1979 trade negotiations (OJ 1980 L 71, p. 90).

4 Council Regulation (EEC) No 535/87 of 23 February 1987 imposing a definitive antidumping duty on imports of plain paper photocopiers originating in Japan (OJ 1987 L 54, p. 12).

5 Case 250/85 Brother v5 Brother Council [1988] ECR 5683; Joined Cases 277 and 300/85 Canon v Council [19881 ECR 5731; Case 301/85 Sharp Corporation v Council [1988] ECR 5813; Joined Cases 260/85 and 106/86 TEC v Council [1988] ECR 5855; Joined Cases 273/85 and 107/86 Silver Seiko v Council [1988] ECR 5927.

6 See the judgment in Joined Cases 277 and 300/85 Canon v Council [1988] ECR 5731, paragraph 11, at 5799.

7 See the same judgment, paragraph 12.

8 See, in the context of determination of the normal value, paragraph 16 of the judgment in Case 250/85 Brother v Council [1988] ECR 5683, at 5723, and paragraph 13 of the judgment in Joined Cases 273/85 and 107/86 Silver Seiko v Council [1988] ECR 5927, at 5975.

9 Paragraph 15 in Brother, paragraph 39 in Canon, paragraph 26 in TEC and paragraph 12 in Silver Seiko.

10 Paragraph 16 of the Brother judgment, paragraph 40 of the Canon judgment, paragraph 28 of the TEC judgment and paragraph 13 of the Silver Seiko judgment.

11 See paragraph 29 of the TEC judgment.

12 See paragraph 14 of the Silver Seiko judgment.

13 See paragraph 7(iii) of the reply.

14 An abbreviation for the selling, administrative and other general expenses referred to in Article 2(3)(b)(ii) of the basic regulation.

15 This abbreviation stands for Original Equipment Manufacturers. It is used, paradoxically, for suppliers of PPCs which sell under their own brand-name products manufactured by others.

16 See in particular the judgment in Canon v Council, above, paragraph 41 at [1988] ECR 5805.

17 The question whether those costs might possibly have been included and whether the adjustments could properly be flat-rate and uniform are matters of substance. The first was examined in Chapter A.3 of the present Opinion and the second in paragraph 12 of my Opinion in Case C-172/87 Mita.