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            COUNCIL REGULATION (EC) No 33/2006

of 9 January 2006         

extending the definitive anti-dumping duty imposed by Regulation (EC) No 2074/2004 on imports of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the same product consigned from the Lao People’s Democratic Republic

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 Articles 9 and 13 thereof,

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

Whereas:

A.   PROCEDURE

1.   Existing measures

2.   Request

3.   Initiation

4.   Investigation

5.   Investigation period

B.   RESULTS OF THE INVESTIGATION

1.   General considerations/degree of cooperation

2.   Product concerned and like product

3.   Change in the pattern of trade between third countries and the Community

4.   Insufficient due cause or economic justification

5.   Undermining of the remedial effects of the duty in terms of the prices and/or the quantities of the like product

6.   Evidence of dumping in relation to the normal values previously established for like or similar products

C.   MEASURES

D.   REQUESTS FOR EXEMPTION

E.   PROCEDURE

HAS ADOPTED THIS REGULATION:

Article 1

1.   The definitive anti-dumping duty imposed by Regulation (EC) No 2074/2004 on imports of certain ring-binder mechanisms falling within CN code ex 8305 10 00 originating in the People’s Republic of China:

is hereby extended to imports of certain ring-binder mechanisms consigned from the Lao People’s Democratic Republic whether declared as originating in the Lao People’s Democratic Republic or not (TARIC codes 8305100013 and 8305100023).

For the purpose of this Regulation, ring-binder mechanisms shall consist of two rectangular steel sheets or wires with at least four half-rings made of steel wire fixed on it and which are kept together by a steel cover. They can be opened either by pulling the half-rings or with a small steel-made trigger mechanism fixed to the ring-binder mechanism.

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 which do not circumvent the anti-dumping measures imposed by Regulation (EC) No 2074/2004 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 559/2005.

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 Brussels, 9 January 2006.

For the Council

The President

U. PLASSNIK            

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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 22, 24.1.1997, p. 1.

(3)OJ L 250, 5.10.2000, p. 1.

(4)OJ L 232, 1.7.2004, p. 1.

(5)OJ L 359, 4.12.2004, p. 11.

(6)OJ L 94, 13.4.2005, p. 26.

(7)  Starting from 1 684 tonnes in 1999.

(8)  Starting from nil in 1999.

(9)  Starting from nil in 1999.

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