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            COUNCIL REGULATION (EC) No 866/2005

of 6 June 2005         

extending the definitive anti-dumping measures imposed by Regulation (EC) No 1470/2001 on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China to imports of the same product consigned from the Socialist Republic of Vietnam, the Islamic Republic of Pakistan and the Republic of the Philippines

THE COUNCIL OF THE EUROPEAN UNION,

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 13 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   Existing measures and former investigations

2.   Request

3.   Initiation

4.   Investigation

5.   Investigation period

6.   Disclosure

B.   RESULTS OF THE INVESTIGATION

1.   General considerations

2.   Degree of cooperation and determination of the import volume

3.   Methodology

4.   Product concerned and like product

5.   Change in the pattern of trade

The Philippines

Pakistan

Vietnam

6.   Conclusion on the change in the pattern of trade

7.   The Philippines

(a)   Nature of the circumvention practice

(b)   Insufficient due cause or economic justification other than the imposition of the anti-dumping duty

(c)   Undermining of the remedial effect of the anti-dumping duty

(d)   Evidence of dumping

(e)   Conclusion

8.   Pakistan

(a)   Nature of the circumvention practice

(b)   Insufficient due cause or no economic justification other than the imposition of the anti-dumping duty

(c)   Undermining of the remedial effect of the anti-dumping duty

(d)   Evidence of dumping

9.   Vietnam

(a)   General considerations

(b)   Nature of the circumvention practice

(c)   Undermining of the remedial effect of the anti-dumping duty

(d)   Evidence of dumping

C.   CONCLUSIONS

D.   REQUESTS FOR EXEMPTION

HAS ADOPTED THIS REGULATION:

Article 1

1.   The definitive anti-dumping duty of 66,1 % imposed by Regulation (EC) No 1470/2001 on imports of electronic compact fluorescent discharge lamps with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot, falling within CN code ex 8539 31 90 originating in the People’s Republic of China, is hereby extended to electronic compact fluorescent discharge lamps with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot consigned from Vietnam, Pakistan and/or the Philippines whether declared as originating in Vietnam, Pakistan or the Philippines or not (TARIC code 85393190*92).

2.   The duties extended by paragraph 1 of this Article shall be collected on imports registered in accordance with Articles 13(3) and 14(5) of Regulation (EC) No 384/96.

3.   The provisions in force concerning customs duties shall apply.

Article 2

1.   Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the Community and must be signed by a person authorised to represent the applicant. The request must be sent to the following address:

2.   In accordance with Article 13(4) of Regulation (EC) No 384/96, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies, which do not circumvent the anti-dumping measures imposed by Regulation (EC) No 1470/2001, from the duty extended by Article 1.

Article 3

Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 2 of Regulation (EC) No 1582/2004.

Article 4

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

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

Done at Luxembourg, 6 June 2005.

For the Council

The President

J. KRECKÉ            

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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 L 195, 19.7.2001, p. 8.

(3)OJ C 244, 10.10.2002, p. 2.

(4)OJ L 71, 10.3.2004, p. 35.

(5)OJ L 289, 10.9.2004, p. 54.

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