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            COUNCIL REGULATION (EC) No 1136/2006

of 24 July 2006         

imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of lever arch mechanisms originating in the People's Republic of China

THE COUNCIL OF THE EUROPEAN UNION,

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 9 thereof,

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

Whereas:

1.   PROCEDURE

1.1.   Provisional measures

1.2.   Subsequent procedure

2.   PRODUCT CONCERNED AND LIKE PRODUCT

3.   DUMPING

3.1.   General methodology

3.2.   Market Economy Treatment (‘MET’)

3.3.   Individual treatment (‘IT’)

3.4.   Normal value

(a)   Analogue country

(b)   Determination of normal value

3.5.   Export price

3.6.   Comparison

3.7.   Dumping margin

4.   INJURY

4.1.   Community production

4.2.   Definition of the Community industry

4.3.   Community consumption

4.4.   Imports into the Community from the PRC and market share

4.5.   Prices of imports and undercutting

4.6.   Economic situation of the Community industry

4.7.   Production capacity

4.8.   Stocks

4.9.   Sales volume, market shares, average unit prices in the Community and growth

4.10.   Profitability

4.11.   Return on investments, cash flow, investments and ability to raise capital

4.12.   Employment, productivity and wages

Table 9

4.13.   Magnitude of the actual margin of dumping

4.14.   Effects of past dumping or subsidization

4.15.   Conclusion on injury

5.   CAUSATION

5.1.   Effect of imports from the PRC

5.2.   Effects of imports from third countries

5.3.   Effects of Chinese imports made by the Community industry

5.4.   Effects of the export performance by the Community industry

5.5.   Exchange rate

5.6.   Steel price increase

5.7.   Conclusion on causality

6.   COMMUNITY INTEREST

6.1.   Interest of the Community industry and suppliers

6.2.   Interest of users and importers

6.2.1.   Shortage of supply

6.2.2.   Competitiveness of the user industry

6.3.   Conclusion on Community interest

7.   DEFINITIVE ANTI-DUMPING DUTIES

7.1.   Injury elimination level

7.2.   Definitive measures

8.   COLLECTION OF PROVISIONAL DUTIES

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of lever arch mechanisms for archiving sheets and other documents in binders and files and falling within CN code ex 8305 10 00 (TARIC code 8305100050) originating in the People's Republic of China.

2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Community frontier price, before duty, of the products described in paragraph 1, and manufactured by the companies listed below shall be as follows:

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

Article 2

Amounts secured by way of provisional anti-dumping duty pursuant to Commission Regulation (EC) No 134/2006 on imports of lever arch mechanisms for archiving sheets and other documents in binders and files and falling within CN code ex 8305 10 00 (TARIC code 8305100050) originating in the People's Republic of China shall be definitely collected at the duty rate definitively imposed by the present Regulation. The amounts secured in excess of the definitive rate of anti-dumping duties shall be released.

Article 3

This Regulation shall enter into force on the day following that of 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, 24 July 2006.

For the Council

The President

K. RAJAMÄKI            

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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 L 23, 27.1.2006, p. 13.

(3)

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