Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of gas-fuelled, non-refillable pocket flint lighters originating in the People's Republic of China
Date: 2000-05-05
Institutions: European Commission
Subjects: China, anti-dumping duty, import, manufactured goods, originating product, tobacco industry

5.5.2000

EN

Official Journal of the European Communities

C 127/15

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
gas-fuelled, non-refillable pocket flint lighters originating in the People’s Republic of China

(2000/C 127/05)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of gas-fuelled,
non-refillable pocket flint lighters originating in the People’s
Republic of China,
the Commission has received a request
for review pursuant to Article 11(2) of Council Regulation
(EC) No 384/96 (2), as last amended by Council Regulation
(EC) No 905/98 (3) (hereinafter referred to as (cid:145)the Basic Regu-
lation(cid:146)).

1. REQUEST FOR REVIEW

The request was lodged on 3 February 2000 by the European
Lighters Manufacturers Federation (hereinafter referred to as
(cid:145)the applicant(cid:146)) on behalf of producers representing a major
proportion
gas-fuelled,
non-refillable pocket flint lighters.

Community

production

of

of

2. PRODUCT

The product under review is gas-fuelled, non-refillable pocket
flint lighters, also known as disposable flint lighters. By Council
Regulation (EC) No 192/1999, the product scope has been
extended to gas-fuelled, refillable pocket flint lighters incor-
porating a plastic tank body. The product concerned is
currently classifiable within CN code ex 9613 10 00 and ex
9613 20 90. These CN codes are given for information only.

3. EXISTING MEASURES

The measure currently in force is a definitive anti-dumping
duty imposed by Council Regulation (EC) No 3433/91 (4), as
last amended by Council Regulation (EC) No 1006/95 (5), and
as extended by Council Regulation (EC) No 192/1999 (6).

4. GROUNDS FOR EXPIRY REVIEW

export prices of the product concerned when sold for export to
the Community.

The applicant also alleges that should measures be allowed to
lapse, the current import volume of the product concerned
would likely increase due in particular to the existence of
large unused production capacity in the country concerned
which could easily restart or increase the production of the
product concerned.

The applicant further alleges that the Community industry is
still in a fragile situation. This is illustrated by its low profit-
ability and decreasing production capacity. It should also be
noted that substantial circumvention has been found which
was only remedied in January 1999. Taking into account the
abovementioned large unused production capacity, any further
increase in substantial imports from the country concerned at
dumped prices will further depress prices in the Community
and would worsen the situation of the Community industry, in
the form of a further loss of market share for the Community
industry and a worsening of its financial situation.

5. PROCEDURE

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists for the initiation of an expiry
review,
the Commission hereby initiates an investigation
pursuant to Article 11(2) of the Basic Regulation.

5.1. Procedure for the determination of

likelihood of

dumping and injury

The investigation will determine whether
measures would be
continuation or recurrence of dumping and injury.

likely, or unlikely,

the expiry of
to lead to the

The request is based on the grounds that the expiry of the
measures would be likely to result
in the continuation or
recurrence of dumping and injury to the Community industry.

(a) Sampling

In view of the fact that normal value for the People’s Republic
of China will be determined on the basis of the rules set out in
Article 2(7) of the Basic Regulation, the applicant has proposed
that normal value be established on the basis of the price in a
market economy country.

The allegation of continuation of dumping is based on a
comparison of normal value, as set out above, with the

(1) OJ C 318, 5.11.1999, p. 3.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 128, 30.4.1999, p. 18.
(4) OJ L 326, 28.5.1991, p. 1.
(5) OJ L 101, 4.5.1995, p. 38.
(6) OJ L 22, 29.1.1999, p. 1.

In view of the apparent size and complexity of this proceeding,
the Commission may apply sampling in accordance with
Article 17 of the Basic Regulation.

(i) Sampling for exporters/producers

if so,

In order to enable the Commission to decide whether sampling
to select a sample, all exporters/
is necessary and,
representatives acting on their behalf, are
producers, or
hereby
themeselves known to the
Commission and to provide the following information on
in
their company or companies within the time limit set
paragraph 6(b) of this notice:

requested to make

(cid:151) name, adress, e-mail address, telephone, and fax, and/or

telex numbers and contact person,

C 127/16

EN

Official Journal of the European Communities

5.5.2000

(cid:151) the turnover in local currency and the volume in units of
the product concerned sold for export to the Community
during the period 1 April 1999 to 31 March 2000,

(cid:151) any other

relevant

information that would assist

the

Commission in the selection of the sample,

(cid:151) the precise activities of the company with regard to the

product concerned,

(cid:151) the names

related
and the precise
involved in the production and/or selling

companies (1)
(export and/or domestic) of the product concerned,

activities of

all

(cid:151) an indication of whether the company(s) agree to their
inclusion in the sample which implies replying to a ques-
tionnaire and accepting an on-the-spot investigation of their
response.

In order to obtain the information it deems necessary for the
selection of the sample of importers, the Commission will in
addition contact any known associations of importers.

(cid:151) any other

relevant

information that would assist

the

Commission in the selection of the sample,

(iii) Final selection of samples

(cid:151) an indication of whether the company(s) agree to their
inclusion in the sample which implies replying to a ques-
tionnaire and accepting an on-the-spot investigation of their
response.

In order to obtain the information it deems necessary for the
selection of the sample of exporters/producers, the Commission
will,
the exporting
the known exporters and any known
country concerned,
associations of exporters.

in addition, contact

the authorities of

(ii) Sampling for importers

if so to select a sample, all

In order to enable the Commission to decide whether sampling
is necessary and,
importers, or
representatives acting on their behalf, are hereby requested to
make themselves known to the Commission and to provide the
following information on their company or companies within
the time limits set in paragraph 6(b) of this notice.

(cid:151) the total turnover in euros of the company during the

period 1 April 1999 to 31 March 2000,

(cid:151) the value in euros of resales made in the Community
market during the period 1 April 1999 to 31 March
2000 of the imported product concerned originating in
the People’s Republic of China.

(cid:151) the volume in units of resales made in the Community
market during the 1 April 1999 to 31 March 2000 of
the
concerned originating in the
imported product
People’s Republic of China,

(cid:151) the names

and the precise

related
companies (1) involved in the production and/or selling of
the product concerned.

activities of

all

interested parties wishing

All
relevant
information regarding the selection of the sample must do so
within the time limit set in paragraph 6(b) of this notice.

to submit

any

The Commission intends to make the final selection of the
sample after having consulted the parties concerned that
have expressed their willingness to be included in the sample.

Companies included in the sample must reply to a ques-
tionnaire within the time limit set
in paragraph 6(b) and
cooperate within the framework of the verification visit.

If sufficient cooperation is not forthcoming, the Commission
will base its findings, in accordance with Articles 17(4) and 18
of the Basic Regulation, on the facts available.

(b) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to the
Community industry and to any association of producers in the
Community, to the sampled exporters, to any associations of
exporters, and to the sampled importers and to traders and to
any association of traders and importers named in the request
and to the authorities of the exporting country.

later

the Commission
All Community producers should contact
forthwith, but not
in
set out
paragraph 6(a)(i) in order to find our whether they are listed
in the request, and, if necessary, request a questionnaire, given
that the time limit set in paragraph 6(a)(ii) of this notice applies
to their questionnaire replies.

than the time limit

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
known in writing and to provide supporting evidence. This
information and supporting evidence has
to reach the
Commission within the time limit set in paragraph 6(a)(ii) of
this notice.

(1) For a definition of related companies please refer to Article 143(1)
of Commission Regulation (EEC) No 2454/93 concerning the
implementation of
the Community Customs Code (OJ L 253,
11.10.1993, p. 1).

the Commission may hear

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

5.5.2000

EN

Official Journal of the European Communities

C 127/17

(d) Selection of the market economy third country

(b) Specific time limit in respect of sampling

In accordance with Article 2(7) of the Basic Regulation, it is
envisaged to choose the Philippines 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
in
paragraph 6(c) of this notice.

this choice within the specific time limit

set out

5.2. Procedure for the assessment of

the Community

interest

in

the

currently

importers,

producers,

force,
their

In accordance with Article 21 of the Basic Regulation and in
order that a decision may be reached as to whether it would
not be against the Community interest to maintain the anti-
applicant,
dumping measures
Community
representative
associations, representative users and representative consumer
there is an
organisations, provided that
objective link between the activity and the product concerned,
may, within the general time limit set in paragraph 6(a)(ii) of
this notice, make
the
It should be noted that any
Commission with information.
information submitted prusuant
to Article 21 will only be
taken into account if supported by factual evidence at the
time of submission.

themselves known and provide

they prove that

6. TIME LIMITS

(a) General time limits

(i) For Community producers to request a questionnaire

All interested parties should as soon as possible, but not later
than 15 days after the publication of this notice in the Official
Journal of the European Communities request a questionnaire.

(ii) For parties to make themselves known, to submit questionnaire

replies and other information

All interested parties, if their representations are to be taken
into account during the investigation, must make themselves
known, present their views and submit questionnaire replies or
any other information within 40 days of the date of publi-
cation of
the European
Communities, unless otherwise specified. Companies selected
in a sample must submit questionnaire replies within the
time limits specified in paragraph 6(b).

this notice in the Official

Journal of

(iii) Hearings

interested parties may also apply to be heard by the

All
Commission within the same 40 days time limit.

All information relevant for the selection of the samples should
reach the Commission within 15 days of the date of publi-
cation of this notice, given that the Commission intends to
consult parties concerned that have expressed their willingness
to be included therein on the final selection of the samples
within a period of 21 days of the publication of this notice.

The questionnaire replies from sampled parties must reach the
Commission within 30 days from the date of the notification
of their inclusion in the sample.

(c) Specific

time limit

for

the selection of

the market

economy country

Parties to the investigation wishing to comment on the appro-
priateness of the Philippines which, as mentioned in paragraph
5.1(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 from the publication of this notice.

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, e-amil address,
telephone and fax, and/or telex numbers of the interested party.

Commission address for correspondence:

European Commission
Directorate-General for Trade
Directorates C and E
DM 24 (cid:151) 8/3
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
otherwise 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.