Notice concerning the 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 311/04)

In the notice of initiation of 1 July 2000(1) the Commission announced the initiation of an interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 of 22 December 1995(2), as last amended by Regulation (EC) No 905/98(3), (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. In this Notice of initiation the interested parties were invited to present their comments on, inter alia the product definition and to provide details of the technical specifications of all personal fax machines.

1. Comments on the product definition by the interested parties

Nine third country producers, one Community producer, one importer and two industry associations submitted their comments on the product definition and provided technical specifications within the deadline pursuant to point 4(a) of the abovementioned notice of initiation. A detailed analysis of these submissions suggested that fax machines using inkjet or laser or LED (Light Emitting Diode) printing technology were in general substantially different to personal fax machines both in terms of technical and physical characteristics. The analysis of the information also showed that practically all models reported as personal fax machines were based either on thermal transfer printing technology or used thermal paper. It appears that these printing technologies are no longer used for professional fax machines.

Considering that "personal" and "professional" fax machines can be distinguished on the basis of the printing technology used and taking into account the comments on the artificial character of weight and dimensions in the original product definition it is now proposed to simplify the product defintion and to describe personal fax machines without making reference to dimension and weight.

2. Proposed new product definition

In the light of the above considerations it is proposed that the product concerned be defined as personal or consumer fax machines being fax machines which use thermal sensistive paper or the thermal transfer printing technology and fall within CN code ex 8517 21 00.

The above CN code is only given for information.

3. Time limits

In order to allow interested parties to take account of the proposed new product definition in their comments, the time limits in which representations are to be made shall now run from the date of publication of this notice, as set out below.

(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 contract the Commission without delay.

(b) 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 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.

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

Duly substantiated claims for market economy status must be submitted in writing within 21 days of the date of publication of this notice in the Official Journal of the European Communities.

(d) Specific time limit for submission of questionnaires

Replies to the questionnaires 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 and E

(DM 24 - 8/38)

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

(1) OJ C 184, 1.7.2000, p. 26.

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

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