1997D0167 — EN — 20.07.2001 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION DECISION
of 25 February 1997
accepting undertakingsoffered in connection withthe review of Council Regulation (EEC) No3433/
91and the proceeding concerning imports of gas-fuelled, non-refillable pocket flint lighters,
originating respectively in Thailand and in the Philippines and Mexico
(97/167/EC)
(OJ L 65, 6.3.1997, p. 54)
Amended by:
Official Journal
No page date
►M1Commission Decision 2001/545/EC of9 July 2001 L 195 57 19.7.2001
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COMMISSION DECISION
of 25 February 1997
accepting undertakings offered in connection with the review of
Council Regulation (EEC) No 3433/91and the proceedingconcerning imports of gas-fuelled, non-refillable pocket flintlighters, originating respectively in Thailand and in the Philippines
and Mexico
(97/167/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of22 December
1995 on protection against dumped imports from countries not membersofthe European Community (
1), as amended by Regulation (EC) No
2331/96 (2), and in particular Articles 8 and 23 thereof,
After consulting the Advisory Committee,Whereas:
(1) On 18 March 1995, the Commission announced, by a notice
published in the Official Journal of the European Commu-
nities(3), the initiation ofa review ofRegulation (EEC) No 3433/
91(4), as last amended by Regulation (EC) No 1006/95 (5), in
respect of imports of gas-fuelled, non-refillable pocket flintlighters originating in Thailand and commenced an investigation
under Article 11 (3) ofCouncil Regulation (EC) No 3283/94 (
6)
which was replaced during the investigation by Regulation (EC)No 384/96, hereinafter referred to as ‘the Basic Regulation’. Thisinterim review was initiated as a result ofa request lodged inMarch 1994 by the European Federation ofLighter Manuf acturers
(EFLM), on behalfofits members representing almost the totality
ofCommunity production ofthe like product. This requestcontained sufficient evidence to justify the initiation of a review.
(2) On 18 March 1995, the Commission announced, by a notice
published in the Official Journal of the European Commu-
nities(7), the initiation ofan anti-dumping proceeding concerning
imports of gas-fuelled, non-refillable pocket flint lightersoriginating in the Philippines and Mexico and commenced aninvestigation. This proceeding was initiated as a result oftwocomplaints both lodged in August 1994 by producers representing
a major proportion oftotal Community production ofthe like
product. As regards the Philippines and Mexico, it was consideredthat the relevant complaints contained sufficient evidence ofdumping by the imports concerned and ofmaterial injuryresulting therefrom to justify the initiation of anti-dumping
proceedings. The relevant investigations were carried out in the
framework of a single proceeding.
(3) A number ofconsiderations led the Commission to the conclusionthat a cumulative assessment of the effect of the dumped imports
from both the country subject to a review (Thailand) and the two
countries subject to a new proceeding (the Philippines andMexico), was warranted. As a result, from a procedural point ofview, it was considered that definitive measures, if any, should bedirectly adopted, without resorting to the intermediate step ofprovisional duties.1997D0167 — EN — 20.07.2001 — 001.001 — 2
(1) OJ No L 56, 6. 3. 1996, p. 1.
(2) OJ No L 317, 6. 12. 1996, p. 1.
(3) OJ No C 67, 18. 3. 1995, p. 4.
(4) OJ No L 326, 28. 11. 1991, p. 1.
(5) OJ No L 101, 4. 5. 1995, p. 38.
(6) OJ No L 349, 31. 12. 1994, p. 1.
(7) OJ No C 67, 18. 3. 1995, p. 3.
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(4) The Commission accordingly continued to seek and verify all
information it deemed necessary for its definitive findings. In the
course ofthis examination, it was established that def initive anti-dumping measures in respect ofimports originating in the threecountries concerned should be taken in order to eliminate theinjurious effects of dumping (and accordingly that the existingmeasures concerning Thai imports should be repealed). The
findings and conclusions on all aspects of the investigations are
set out in Council Regulation (EC) No 423/97 (
1).
(5) Having been informed of these conclusions, one Thai producer,two related Filipino producers and one Mexican producer have
offered undertakings with regard to the import or resale prices to
first unrelated customers in the Community pursuant to Article 8ofthe Basic Regulation.
(6) According to these undertakings, prices would be set at levels
sufficient to eliminate the injurious dumping as established in the
framework of the present review and anti-dumping proceeding.On this basis and in the light ofthe f indings ofthe investigations(in particular those relating to the causal link as set out in recitals70 and 71 ofRegulation (EC) No 423/97), the Commission is ofthe opinion that the undertakings offered should be considered as
a particularly appropriate remedy in the present cases.
(7) In addition, given the type ofsales channels ofthe exports
concerned (which are made either to related parties or soleimporters in the Community) and the fact that the Thai producer
concerned, which is also responsible for exporting the goods in
question, the Japanese related company usually responsible forexporting the goods manufactured by the two Filipino producers,as well as the American related company usually responsible forexporting the goods manufactured by the Mexican producer
(together with related importers in the Community), have
undertaken to submit detailed and regular sales information tothe Commission, it has been concluded that the correctobservance of the undertakings can be effectively monitored bythe Commission.
(8) Under these circumstances, the undertakings offered by the Thaiproducer/exporter, the two related Filipino producers in conjunc-tion with their Japanese parent company and the Mexicanproducer in conjunction with its American parent company (andrelated importers in the Community) are considered acceptable
and the investigations can, therefore, be terminated with respect
to the Thai, Filipino and Mexican producers concerned.
(9) The producers and exporters (as well as related importers)concerned were informed of the essential facts and considerations
on the basis ofwhich the imposition ofdef initve anti-dumping
measures was recommended and have had the opportunity tocomment on all aspects ofthe investigation. Accordingly, shouldan undertaking be withdrawn or should the Commission havereasons to believe that an undertaking is being violated, aprovisional duty may be imposed pursuant to Article 7 and Article
8 (10) ofthe Basic Anti-dumping Regulation and, should the
conditions ofArticle 8 (9) ofthe said Regualtion be met, adefinitive anti-dumping duty will be imposed.
(10) No objections were raised when the Advisory Committee was
consulted on the acceptance of the undertakings offered.
(11) Having been informed of the main facts and considerations on the
basis ofwhich the Commission intended to accept the under-takings, the Community industry concerned did not object,1997D0167 — EN — 20.07.2001 — 001.001 — 3
(1) See page 1 of this Official Journal.
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HAS ADOPTED THIS DECISION:
Article 1
The undertakings offered by:
(b) Iwax Philippine, Inc., Rosario, Cavite, Philippines,
Iwahori Philippines, Inc., Mariveles, Bataan, Philippines, andIwax Inc., Shizuoka, Japan (in respect ofits exports ofgoods
produced by the abovementioned companies),
JMP Mexico, S.A. de C.V., Tijuana, Mexico, andScripto Tokai Corp., Fontana, USA (in respect ofits exports of
goods produced by the abovementioned company), as well as all its
related importers in the Community;
in connection with the proceeding,
concerning imports of gas-fuelled, non-refillable pocket flint
lighters, falling within CN code ex 9613 10 00, are hereby accepted.
This acceptance shall take effect on the date of entry into force of
Regulation (EC) No 423/97.
Article 2
The investigations in connection with the review and the anti-dumping
proceeding referred to in Article 1 are hereby terminated with regard tothe companies named in that Article.1997D0167 — EN — 20.07.2001 — 001.001 — 4
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