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            COMMISSION REGULATION (EC) No 439/2006

of 16 March 2006         

imposing a provisional anti-dumping duty on imports of chamois leather originating in the People’s Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

After consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   Initiation

2.   Parties concerned by the proceeding

B.   PRODUCT CONCERNED AND LIKE PRODUCT

1.   General

2.   Product concerned

3.   Like product

C.   DUMPING

1.   Sampling

2.   Market economy treatment and individual treatment

3.   Normal value

3.1.   Analogue country

3.2.   Determination of normal value

4.   Export price

5.   Comparison

6.   Dumping margin

D.   INJURY

1.   Community production

2.   Definition of the Community industry

3.   Community consumption

4.   Volume of the imports from the country concerned and market share

(i)   Import prices

(ii)   Price undercutting and price depression

5.   Economic situation of the Community industry

(i)   Production capacity, production, capacity utilisation

(ii)   Sales volume and market share

(iii)   Stocks

(iv)   Growth

(v)   Employment and productivity

(vi)   Sales prices and factors affecting domestic prices

(vii)   Profitability

(viii)   Investments and return on investments

(ix)   Ability to raise capital

(x)   Cash flow

(xi)   Wages

(xii)   Magnitude of dumping margin

(xiii)   Recovery from past dumping

6.   Conclusion on injury

E.   CAUSATION

1.   Introduction

2.   Effects of the dumped imports

3.   Effects of other factors

3.1.   Imports from other countries

3.2.   Performance of other Community producers

3.3.   Exports by the Community industry

4.   Conclusion on causation

F.   COMMUNITY INTEREST

1.   Interest of the Community industry

2.   Interest of unrelated importers/traders in the Community

3.   Interest of users and consumers

4.   Conclusion on Community interest

G.   PROVISIONAL ANTI-DUMPING MEASURES

1.   Injury elimination level

2.   Provisional measures

H.   FINAL PROVISION

HAS ADOPTED THIS REGULATION:

Article 1

1.   A provisional anti-dumping duty is hereby imposed on imports of chamois leather and combination chamois leather, whether or not cut to shape, including chamois and combination crust chamois leather originating in the People’s Republic of China, falling within CN codes 4114 10 10 and 4114 10 90.

2.   The rate of the provisional anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, for products produced by all companies in the People’s Republic of China shall be 62 %.

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 Council 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 one month 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, 16 March 2006.

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 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)OJ C 154, 25.6.2005, p. 12.

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