Notice of initiation of a partial interim review of Council Regulation (EC) No 423/97, imposing definitive anti-dumping duties on imports of gas-fuelled non-refillable pocket flint lighters originating, inter alia, in Thailand and Commission Decision 97/167/EC accepting undertakings

(2000/C 311/05)

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96(1), as last amended by Council Regulation (EC) No 905/98(2) ("the basic Regulation"), of the measures imposed by Council Regulation (EC) No 423/97(3), on imports of gas-fuelled non-refillable pocket flint lighters originating, inter alia, in Thailand and by Commission Decision 97/167/EC(4) accepting undertakingp.

1. Request for a review

The request was lodged by the following Thai company: Thai Merry Co., Ltd ("the applicant"). The request is limited in scope to the examination of dumping as far as the applicant is concerned.

2. Product

The product concerned is gas-fuelled non-refillable pocket flint lighters, also known as disposable flint lighters, currently classifiable under CN-code ex 9613 10 00. This CN code is given for information only.

3. Existing measures

The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 423/97, on imports of gas-fuelled non-refillable pocket flint lighters originating, inter alia, in Thailand, and undertakings accepted by Commission Decision 97/167/EC in connection with the review of Council Regulation (EEC) No 3433/91(5).

4. Grounds for the review

The requst for the interim review is based on the evidence provided by the applicant that the circumstances on the basis of which the measures were established have changed and that these changes are of a lasting nature.

The applicants alleges, inter alia, that the decline of its production costs has led to a reduction in normal value, which in turn has reduced or eliminated dumping. Therefore, the continued imposition of measures would no longer be necessary to offset dumping.

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee, that sufficient evidence exists for the initiation of an interim review, the Commission hereby initiates an investigation pursuant to Article 11(3) of the Basic Regulation, limited in scope to the examination of dumping as far as the applicant is concerned. This investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of the sole applicant.

(a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant and the authorities of Thailand. The questionnaire reply should reach the Commission within the time limit set in paragraph 6(a) of this notice.

(b) Collection of information ad holding of hearings

All interested parties are hereby invited to make their views known in writing, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence should reach the Commission within the time limit set in paragraph 6(a) of this notice.

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. This request must be made within the time limit set in paragraph 6(b).

6. Time limits

(a) for parties to make themselves known, to submit questionnaire replies and any other information

Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days from the date of the publication of this notice in the Official Journal of the European Communities, unless otherwise specified.

(b) Hearings

Interested parties may also apply to be heard by the Commission within the same 40 day time limit.

7. Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified), and must indicate the name, address, telephone and fax, and/or telex numbers of the interested party.

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

Directorate C

TERV 0/13 Rue de la Loi/Wetstraat 200 B - 1049 Brussels Fax (32-2) 295 65 05 Telex: COMEU B 21877.

8. Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, 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 65, 6.3.1997, p. 1.

(4) OJ L 65, 6.3.1997, p. 54.

(5) OJ L 326, 28.11.1991, p. 1.