Notice of initiation of an anti-dumping proceeding concerning imports of integrated electronic compact fluorescent lamps originating in the People's Republic of China
Date: 2000-05-17
Institutions: European Commission
Subjects: China, anti-dumping legislation, import, lighting equipment, originating product

C 138/8

EN

Official Journal of the European Communities

17.5.2000

Notice of initiation of an anti-dumping proceeding concerning imports of integrated electronic
compact fluorescent lamps originating in the People’s Republic of China

(2000/C 138/06)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Council Regulation (EC) No 905/98 (2), (hereinafter referred to
as (cid:145)the Basic Regulation(cid:146)), alleging that imports of integrated
electronic compact
lamps, originating in the
People’s Republic of China, are being dumped and are
thereby causing material injury to the Community industry.

fluorescent

1. Complaint

The complaint was lodged on 4 April 2000 by European
Lighting Companies Federation (hereinafter referred to as (cid:145)the
complainant(cid:146)) on behalf of producers representing a major
proportion,
the total
in this case more than 95 %, of
Community production of integrated electronic compact fluo-
rescent lamps.

2. Product

The product allegedly being dumped is electronic compact
fluorescent discharge lamps with one or more glass tubes,
with all lighting elements and electronic components fixed to
the lamp foot or integrated in the lamp foot
(hereinafter
referred to as (cid:145)the product concerned(cid:146)). The industry usually
refers to this product as compact fluorescent lamps (integrated)
or CFL-i. These lamps, currently classifiable within CN code ex
8539 31 90, are designed to replace normal filament lamps and
fit into the same lamp sockets as the filament lamps. The CN
code is only given for information.

3. Allegation of dumping

the Basic Regulation,

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
the complainant has
Article 2(7) of
proposed that normal value be established on the basis of
the price in a market economy country (see point 5.1(d) of
this notice). The allegation of dumping is based on a
set out above, with the
comparison of nomal value, as
export prices of the product concerned when sold for export
to the Community.

On this basis, the dumping margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the People’s Republic of China have
increased overall
in absolute terms and in terms of market
share.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18/19.

negative impact on the quantities sold and the level of prices
charged by the Community producers, resulting in substantial
adverse effects on the overall performance and the financial
situation of the Community industry.

5. Procedure

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the
Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the Basic
Regulation.

5.1. Procedure for the determination of dumping and injury

investigation will

The
the product
concerned originating in the People’s Republic of China is
being dumped and whether this dumping has caused injury.

determine whether

(a) Sampling

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling
in accordance with Article 17 of the Basic Regulation.

(i)(i) Sampling for

exporters/producers

in the People’s

Republic of China

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

information

their

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

and/or telex numbers and contact person,

(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 January 1999
to 31 March 2000,

(cid:151) the precise activities of the company with regard to
the product concerned (provide a copy of
the
business and export licenses),

(cid:151) if the company intends to submit a claim for an
individual margin or market economy status (indi-
vidual margins and market economy status can
only be claimed by producers),

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Official Journal of the European Communities

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(cid:151) for producers claiming market economy status, the
turnover in local currency,
the sales volume in
units for the product concerned on the domestic
market, the legal from of the company, and a list
with the name, percentage of shares, and activity of
each shareholder who owned more than 5 % of the
company during the period 1 January 1999 to 31
March 2000,

(cid:151) the names and the precise activities of all related
involved in the production and/or
the product

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

(cid:151) any other relevant information that would assist the

Commission in the selection of the sample,

(cid:151) an indication of whether the company agrees to
their
sample which implies
replying to a questionnaire and accepting an
on-the-spot investigation of their response.

inclusion in the

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

(ii)(ii) Sampling for importers

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
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 limit
set in point 6(b) of this notice:

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

and/or telex numbers and contact person,

(cid:151) the total turnover in euro of the company during
the period 1 January 1999 to 31 March 2000,

(cid:151) the total number of employees during the period 1

January 1999 to 31 March 2000,

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

the product concerned,

(cid:151) the volume in units and value in euro of imports
into and resales made in the Community market
during the period 1 January 1999 to 31 March
2000 of
the imported product concerned orig-
inating in the People’s Republic of China,

(cid:151) the names and the precise activities of all related
companies (2)
production,
importing and/or selling of the product concerned,

involved

the

in

(cid:151) any other relevant information that would assist the

Commission in the selection of the sample,

(cid:151) an indication of whether the company agrees to
their
sample which implies
replying to a questionnaire and accepting an
on-the-spot investigation of their response.

inclusion in the

the selection of

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

the sample of

importers,

(iii) Final selection of the samples

interested parties wishing to submit any relevant
All
information regarding the selection of the sample must
do so within the time limit set in point 6(b) of this
notice.

samples

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

after having

Companies included in the sample must reply to a
questionnaire within the time limit set in point 6(b)
of
cooperate within the
framework of the investigation.

this notice

and must

sufficient

cooperation is not

If
the
Commission will base its findings, in accordance with
Articles 17(4) and 18 of the Basic Regulation, on the
facts available.

forthcoming,

(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 exporters/producers in
the People’s Republic of China included in the sample, to
any association of exporters/producers, to the importers
included in the sample, to any association of importers
named in the complaint, and to the authorities of
the
exporting country concerned.

(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).

(2) 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).

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(i) Interested parties other than those for which sampling is

applied

the sample or who have requested an individual margin, as
well as to the Chinese authorities.

such

parties

All
interested
should
the
contact
later than the time
Commission forthwith, but not
limit set out in point 6(a)(i) of this notice in order to
find out whether they are listed in the complaint, and, if
necessary, request a questionnaire, given that the time
limit set in point 6(a)(ii) of this notice applies to all such
parties.

(ii) Producers for which sampling is applied

All producers in the People’s Republic of China claiming
an individual margin, with a view to the application of
Articles 17(3) and 9(6) of the Basic Regulation, have to
submit a complete questionnaire within the time limit
set in point 6(a)(ii) of this notice. However, such parties
should be aware that
the
Commission may decide not to grant them an individual
margin, if it would be unduly burdensome and would
prevent the timely completion of the investigation.

sampling is applied,

if

5.2. Procedure for assessment of Community interest

that

industry,

substantiated,

In accordance with Articel 21 of the Basic Regulation and in
order that a decision may be reached as to whether,
in the
the allegations of dumping and injury caused
event
the adoption of anti-dumping
thereby are
measures would not be against the Community interest, the
Community
representative
importers,
associations, representative users and representative consumer
organisations, provided that
there is an
and the product
objective
concerned, may, within the general time limits set in point
6(a)(ii) 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.

link between their

they prove that

activity

their

6. Time limits

(a) General time limits

(c) Collection of information and holding of hearings

(i) For parties to request a questionnaire

to submit
and

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

supporting

to

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are
particular reasons why they should be heard. This request
must be made within the time limit set in point 6(a)(iii) of
this notice.

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the Basic Regulation,
it is envisaged to choose Mexico as an appropriate market
economy 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 time limit set in
point 6(c) of this notice.

(e) Market economy status

For those producers in the exporting country concerned
which 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. Producers
intending to submit duly substantiated claims must do so
within the time limit set in paragraph 6(d) of this notice.
The Commission will send claim forms to all producers in
the country concerned who have either been included in

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

(ii) For parties to make themselves known, to submit ques-

tionnaire replies and any other information

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

sample must

Journal of

(iii) Hearings

All interested parties may also apply to be heard by the
Commission within the same 40 days time limit.

(b) Specific time limit in respect of sampling

All
information relevant for the selection of the sample
should reach the Commission within 15 days of the date
of publication of this notice in the Official Journal of the
European Communities, given that the Commission intends to
consult parties concerned that have expressed their will-
ingness to be included therein on the final selection of
the sample within a period of 21 days of the publication
of
the European
Communities.

this notice in the Official

Journal of

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

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

Interested parties may wish to comment on the appropir-
ateness of Mexico, which as mentioned in point 5.1(d) of
this notice, is envisaged as a market economy country for
the purpose of establishing normal value in respect of the
People’s Republic of China. These comments must reach the
Commisson within 10 days of the date of 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 5.1(e) of this notice, must reach the
Commission within 21 days of the date of publication of
this notice in the Official Journal of the European Communities,
unless otherwise specified by the Commission.

Commission address for correspondence:

European Commission
Trade Directorate-General
Directorates C and E
DM 24 (cid:151) 8/37
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, provisional or final
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.

9. Schedule of the investigation

7. Written submissions, questionnaire replies and corre-

spondence

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

The investigation will be concluded according to Article 6(9) of
the Basic Regulation within 15 months from the publication of
this notice in the Official Journal of the European Communities.
According to Article 7(1) of the Basic Regulation provisional
measures may be imposed no later than nine months from the
publication of this notice in the Official Journal of the European
Communities.