Proposal for a Council Regulation (EC) amending Regulation (EC) No 423/97 imposing definitive anti- dumping duties on imports of gas-fuelled, non-refillable pocket flint lighters originating in Thailand, the Philippines and Mexico
Date: 1997-07-23
Institutions: European Commission
Subjects: anti-dumping duty, anti-dumping legislation, non-durable goods, originating product, third country

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels, 23.07.1997 
COM(97) 406  final 

Proposal  for  a 

COUNCIL REGULATION  (EC) 

amending Regulation (EC) N° 423/97 imposing 

definitive anti-dumping duties on imports of gas-fuelled, non-refillable 

pocket flint lighters originating in Thailand, the Philippines and Mexico 

(presented by the  Commission) 

EXPLANATORY  MEMORANDUM 

(1)  By  Regulation  (EC)  No  423/971  the  Council  imposed,  further  to  a  proposal 

presented  by  the  Commission,  a  definitive  anti-dumping  duty  on  imports  of  gas-

fuelled,  non-refillable  pocket  flint  lighters  falling  within  CN  Code  ex  9613  10  00 

originating inter alia in the Philippines. 

(2)  Since  it  has  been  established  that  a  clerical  error  had  slipped  in  the  proposal 

presented  by  the  Commission,  resulting  in  the  attribution 

to  the  Filipino 

producer/exporter  Swedish  Match  Philippines,  Inc.  of  an  average  underselling 

margin,  and  thus  a  definitive  anti-dumping  duty  rate,  of  17% instead  of  13%, the 

Commission hereby proposes to the Council to correct the error concerned. 

(3)  Given  that  the  correct  duty  rate  is  lower  than  the  one  wrongly  attributed  to  the 

company  concerned,  it  is  also  proposed  that  this  correction  should  be  retroactive 

and  thus  take  effect  as  from  the  date  of  entry  into  force  of  Regulation  (EC) 

No 423/97. 

1  OJ No L 65, 06.03.1997, p.  1. 

. 

Council Regulation (EC) No 

of... 

amending Regulation (EC) N° 423/97 imposing 

definitive anti-dumping duties on imports of gas-fuelled,  non-refillable 

pocket flint lighters originating in Thailand, the Philippines and Mexico 

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 
Community1,  as amended  by Regulation  (EC) No 2331/962, and  in particular  Article 9(4) 

thereof, 

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

Advisory Committee, 

Whereas Regulation  (EC) No 423/973 imposes a definitive  anti-dumping  duty on imports 

of gas-fuelled,  non-refillable  pocket flint lighters  falling  within  CN  Code  ex  9613  10 00 

originating, inter alia, in the Philippines; 

Whereas it has been found that an error appeared in the proposal  adopted  by the Council, 

resulting  in  the  attribution  to  a Filipino  producer/exporter,  Swedish  Match  Philippines, 

Inc.,  of an average  underselling  margin,  and  thus a definitive  anti-dumping  duty  rate,  of 

17% instead  of  13%,  13% being the underselling  margin  established  by the  investgation 

and the basis of the consultation of the Member States within the Advisory Committee; 

1  OJNoL  56, 06.03.1996, p. 1. 
2  OJNoL317,  6.12.1996, p. 1. 
3  OJ No L 65, 06.03.1997, p. 1. 

2> 

Whereas  the  references  to  the underselling  margin  of  Swedish  Match  Philippines,  Inc in 

the  last  indent  of  recital  82  and  the  second  indent  of  recital  89  of  Regulation  (EC) 

No 423/97 should be read as references to 13%; 

Whereas  the  anti-dumping  duty  imposed  on  the  products  exported  by  the  company 

concerned  should  therefore  be  reduced  from  17%  to  13%; whereas  this  amendment 

should be retroactive and take effect from the date of entry into force  of Regulation  (EC) 

No 423/97, 

HAS ADOPTED THIS REGULATION: 

Article J 

Article 2 (2) (b) of Regulation (EC) No 423/97 is hereby replaced by the following: 

"43.0% for  imports originating in the Philippines (Taric additional code 8900) with 

the exception of imports which are produced  and sold for  export to the Community 

by  Swedish  Match  Philippines,  Inc.,  Manila  where  the  rate  shall  be  13.0%  (Taric 

additional code 8938);  " 

Article 2 

This Regulation  shall  enter  into  force  on the day following  its publication  in the Official 

Journal of the European Communities. 

It shall apply with effect from 7 March 1997. 

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

Done at 

For the Council 

The President 

4-

ISSN 0254-1475 

COM(97) 406 final 

DOCUMENTS 

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02  11  12 

Catalogue  number  :  CB-CO-97-406-EN-C 

ISBN  92-78-23546-6 

Office  for Official  Publications of the European Communities 

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