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            COUNCIL REGULATION (EC) No 1322/2006

of 1 September 2006         

amending Regulation (EC) No 1470/2001 imposing a definitive anti-dumping duty on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China

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 11(3) thereof,

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

Whereas:

1.   PROCEDURE

1.1.   Existing measures

1.2.   Request for an interim review

1.3.   Initiation

1.4.   Investigation

1.5.   Investigation period

1.6.   Disclosure

2.   PRODUCT CONCERNED

3.   RESULTS OF THE INVESTIGATION

3.1.   Methodology

3.2.   Basic physical and technical characteristics

3.3.   Basic end uses and interchangeability

3.4.   Competition between AC-CFL-i and DC-CFL-i

3.5.   Distinction between DC-CFL-i and AC-CFL-i

4.   CONCLUSION ON THE PRODUCT SCOPE

5.   REQUEST FOR RETROACTIVE APPLICATION

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1470/2001 is amended as follows:

Article 2

Article 1(1) of Council Regulation (EC) No 866/2005 is replaced by the following:

‘1.   The definitive anti-dumping duty of 66,1 % imposed by Regulation (EC) No 1470/2001 on imports of electronic compact fluorescent discharge lamps functioning on alternating current (including electronic compact fluorescent discharge lamps functioning on both alternating and direct current), 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 (TARIC code 85393190*91 until 10 September 2004 and TARIC code 85393190*95 from 11 September 2004 on), and originating in the People’s Republic of China, is hereby extended to electronic compact fluorescent discharge lamps functioning on alternating current (including electronic compact fluorescent discharge lamps functioning on both alternating and direct current), 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).’

Article 3

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

It shall apply from 9 February 2001.

2.   Any reimbursement of anti-dumping duties paid on the basis of Regulation (EC) No 1470/2001 between 9 February 2001 and the date of entering into force of the present Regulation shall be made without any prejudice to the provisions of Regulation (EC, Euratom) No 1150/2000 and in particular Article 7 thereof.

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

Done at Brussels, 1 September 2006.

For the Council

The President

E. TUOMIOJA            

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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 195, 19.7.2001, p. 8.

(3)OJ L 145, 9.6.2005, p. 1.

(4)OJ C 301, 7.12.2004, p. 2.

(5)OJ L 38, 8.2.2001, p. 8.

(6)OJ L 130, 31.5.2000, p. 1.

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