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            COMMISSION REGULATION (EC) No 128/2005

of 27 January 2005         

imposing a provisional anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People's Republic of China

THE COMMISION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

B.   PRODUCT CONCERNED AND LIKE PRODUCT

1.   General

2.   The product concerned

3.   Like product

C.   DUMPING

1.   Market economy treatment (MET)

2.   Individual treatment

3.   Normal value

3.1.   Analogue country

3.2.   Determination of normal value

4.   Export prices

5.   Comparison

6.   Dumping margin

6.1.   Dumping margin for the cooperating exporting producers granted IT

6.2.   Dumping margin for all other exporting producers

6.3.   Provisional dumping margins for the PRC

D.   COMMUNITY INDUSTRY

1.   Community production

2.   Definition of the Community industry

E.   INJURY

1.   Community consumption

2.   Imports of hand pallet trucks from the PRC into the Community

(a)   Volume and market share of imports

(b)   Prices of the dumped imports

(c)   Price undercutting

3.   Situation of the Community industry

(a)   Preliminary remark

(b)   Production, capacity and capacity utilisation                              

(c)   Stocks                              

(d)   Sales volume, sales price and market share                              

(e)   Factors affecting Community prices

(f)   Growth

(g)   Profitability

(h)   Investments, return on investment, cash flow and the ability to raise capital                              

(i)   Employment, productivity and wages                              

(j)   Magnitude of dumping, recovery from past dumping or subsidisation

4.   Conclusion on injury

F.   CAUSATION OF INJURY

1.   Introduction

2.   Effect of the dumped imports

3.   The effects of other factors

(a)   The export performance of the Community industry

(b)   Investments of the Community industry

(c)   Imports from other third countries

(d)   EUR/USD exchange rate

(e)   Selling behaviour

(f)   Strategic mistakes made by the EC producers; such as low quality products and production of own parts

4.   Conclusion on causation

G.   COMMUNITY INTEREST

1.   General remarks

2.   Interests of Community industry

3.   Interests of Community suppliers

4.   Interest of unrelated importers/traders

5.   Interest of users

6.   Conclusion on Community interest

H.   PROVISIONAL ANTI-DUMPING MEASURES

1.   Injury elimination level

2.   Provisional measures

I.   FINAL PROVISION

HAS ADOPTED THIS REGULATION:

Article 1

1.   A provisional anti-dumping duty is hereby imposed on imports of hand pallet trucks and their essential parts, i.e. the chassis and the hydraulics, falling within CN codes ex 8427 90 00 and ex 8431 20 00 (TARIC codes 8427900010 and 8431200010), originating in the People’s Republic of China.

2.   The rate of the provisional anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, for products manufactured by the companies listed below shall be as follows:

3.   The release for free circulation in the Community of the product referred to in paragraph 1 shall be subject to the provision of a security, equivalent to the amount of the provisional duty.

4.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

Without prejudice to Article 20 of Regulation (EC) No 384/96, interested parties may request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted, make their views known in writing and apply to be heard orally by the Commission within 30 days of the date of entry into force of this Regulation.

Pursuant to Article 21(4) of Regulation (EC) No 384/96, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

Article 1 of this Regulation shall apply for a period of six months.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 January 2005.

For the Commission

Peter MANDELSON            

Member of the Commission

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(1)OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)OJ C 103, 29.4.2004, p. 85.

(3)

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