Notice of initiation of a review of the anti-dumping measures applicable to imports into the Community of personal fax machines originating in the People's Republic of China, Japan, the Republic of Korea, Malaysia, Singapore, Taiwan and Thailand

(2000/C 184/10)

(Text with EEA relevance)

The Commission has decided on its own initiative to initiate an interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96(1) of 22 December 1995, as last amended by Regulation (EC) 905/98(2) (hereinafter referred to as the Basic Regulation), of the anti-dumping measures with regard to imports of personal fax machines originating in the People's Republic of China, Japan, the Republic of Korea, Malaysia, Singapore, Taiwan and Thailand. This review will cover all aspects of the proceeding.

1. Product

The product is personal or consumer fax machines originating in the People's Republic of China, Japan, Republic of Korea, Malaysia, Singapore, Taiwan and Thailand. This product was defined in the Council Regulation (EC) No 904/98(3) as fax machines with a weight of five kilograms or less and with dimensions (width × depth × height) of the main body measuring 470 mm × 450 mm × 170 mm or less, except for such fax machines using inkjet or laser or LED (Light Emitting Diode) printing technology, falling within CN code 8517 21 00, hereinafter referred to as "personal fax machines" or "product concerned".

As mentioned in point 3, the investigation will include an examination as to whether the above product definition is still appropriate in order to identify the personal fax machines currently sold on the Community market.

The above CN code is only given for information.

2. Existing measures

The measures currently in force are definitive anti-dumping duties imposed by the Regulation (EC) No 904/98, hereinafter referred to as the Regulation.

3. Grounds for the review

Since the imposition of the anti-dumping measures the Commission has closely monitored the evolution of total imports into the Community of the product concerned. This has brought to light significant changes in the trade pattern between third countries and the Community both in terms of import volume and import prices which indicate changed circunstances.

Moreover, certain technical and technological developments have occurred, in particular with regard to the printing technology used and the physical appearance of the product concerned. In this respect, the Community industry has claimed and provided evidence that the original product definition mentioned in point 1 of this notice has been superseded by changed circumstances related to these new developments, in particular the printing technology which appears to have changed substantially since this case was originally investigated.

Furthermore, there have been allegations that the effectiveness of the anti-dumping measures has been underminded in the sense that slight changes in the product have led to them being imported under CN Codes not subject to measures. For these reasons a complete review of the measures in force is warranted.

4. Procedure

Having determined, after consulting the Advisory Committee, that there is sufficient evidence to justify the initiation of an interim review, the Commission hereby initiates an investigation pursuant to Article 11(3) of the Basic Regulation. This investigation will assess the need for the continuation, removal or amendment of the existing measures.

(a) Submission concerning the product definition

The interested parties, in particular those who participated in the investigation having led to the existing measures subject to the present review are hereby invited to present their comments on the product definition and provide details of the technical specifications of all personal fax machines, whether or not they fulfil the criteria defined in Regulation 904/98, within the time limit specified in point 5 (b).

(b) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Community producers and the representative association in the Community, the exporting producers and all importers and user organisations which participated in the investigation having led to the existing measures subject to the present review. At the same time a copy of the corresponding questionnaire will be sent to any known representative association of exporting producers or importers.

The authorities of the exporting countries will be notified of the exporting producers known to be concerned and provided with a copy of the questionnaire sent to them.

Interested parties who did not participate in the investigation having led to the existing measures subject to the present review are invited to contact the Commission forthwith in order to find out whether they are concerned by the review, in which case they should request a copy of the questionnaire as soon as possible and not later than 15 days of the publication of this notice in the Official Journal of the European Communities. Any request for questionnaires must be made in writing to the address mentioned below and should indicate the name, address, telephone, fax and/or telex numbers of the interested party.

(c) Collection of information and holding of hearings

All interested parties, provided that they can show that they are likely to be affected by the results of this specific investigation, are hereby invited to make their views known in writing and to provide supporting evidence.

Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

(d) Selection of the market economy third country

In accordance with Article 2(7) of the basic Regulation, it is envisaged to choose Korea as an appropriate market economy third country for the purpose of establishing normal value in respect of the People's Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in point 5(c) of this notice.

(e) Market economy status

For those exporting producers in the People's Republic of China who claim and provide sufficient evidence that they operate under market economy conditions, i.e. that they meet the criteria laid down in Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. Exporting producers intending to submit duly substantiated claims must do so within the specific time limit set under point 5(d) of this notice. The Commission will send claim forms to all known exporting producers of the product concerned in the People's Republic of China as well as to the Chinese authorities.

(f) Community interest

In accordance with Article 21 of the basic Regulation and in order that a decision may be reached as to whether the continuation, removal or amendment of the existing measures would not be against the Community interest, the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in point 5(a) of this notice, make themselves known and provide the Commission with information. It should be noted that any information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

5. Time limits

(a) General time limit

Interested parties, if their representations are to be taken into account during the investigation, must make themselves known, present their views in writing and submit information, unless otherwise specified, within 40 days of the date of publication of this notice in the Official Journal of the European Communities. Interested parties may also apply to be heard by the Commission within the same time limit. This time limit also applies to all interested parties unknown to the Commission, and it is consequently in the interest of these parties to contact the Commission without delay.

(b) Specific time limit for submissions concerning product definition

Duly substantiated comments on the changes of the original product definition, as mentioned in point 1 of this notice, must be submitted in writing within 21 days of the date of publication of this notice in the Official Journal of the European Communities.

(c) Specific time limit for the selection of the market economy third country

Parties to the investigation wishing to comment on the appropriateness of Korea which, as mentioned in point 4(d) of this notice, is envisaged as a market economy third country for the purpose of establishing normal value in respect of the People's Republic of China, should file their comments within 10 days of the publication of this notice in the Official Journal of the European Communities.

(d) Specific time limit for submission of claims for market economy status

Duly substantiated claims for market economy status, as mentioned in point 4(e) of this notice, must be submitted in writing within 21 days of the date of publication of this notice in the Official Journal of the European Communities.

(e) Specific time limit for submission of questionnaires

Replies to the questionnaires, as mentioned in point 4(b) of this notice, must be submitted in writing within 37 days of the date of the sending of the questionnaires.

Commission address for correspondence: European Commission Directorate-General for Trade

Directorates C & E

(DM 24 - 8/38)

Rue de la Loi/Wetstraat 200 B - 1049 Brussels Fax (32-2) 295 65 05 Telex: COMEU B 21877

6. Non cooperation

In cases in which any interested party refuses access to, or otherwise does not provide necessary information within the time limits specified in paragraph 5 of this notice, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available. Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available.

(1) OJ L 56, 6.3.1996, p. 1.

(2) OJ L 128, 30.4.1998, p. 18.

(3) OJ L 128, 30.4.1998, p. 1.