Notice of 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 (Text with EEA relevance)
Date: 2000-07-01
Institutions: European Commission
Subjects: Far East, South-East Asia, anti-dumping duty, facsimile, import, telecommunications equipment

C 184/26

EN

Official Journal of the European Communities

1.7.2000

Notice of 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 184/10)

(Text with EEA relevance)

The Commission has decided on its own initiative to initiate an
interim review pursuant to Article 11(3) of Council Regulation
(EC) No 384/96 (1) of 22 December 1995, as last amended by
Regulation (EC) 905/98 (2) (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
the Republic of Korea, Malaysia,
Republic of China,
Singapore, Taiwan and Thailand. This review will cover all
aspects of the proceeding.

Japan,

in particular the printing technology which appears to have
changed substantially since this case was originally investigated.

Furthermore, there have been allegations that the effectiveness
of the anti-dumping measures has been underminded in the
sense that slight changes in the product have led to them being
imported under CN Codes not subject to measures. For these
reasons a complete review of
in force is
warranted.

the measures

1. Product

4. Procedure

The product is personal or consumer fax machines originating
in the People’s Republic of China, Japan, Republic of Korea,
Malaysia, Singapore, Taiwan and Thailand. This product was
defined in the Council Regulation (EC) No 904/98 (3) as fax
machines with a weight of five kilograms or less and with
body
dimensions
measuring 470 mm (cid:215) 450 mm (cid:215) 170 mm or less, except
for
such fax machines using inkjet or
laser or LED (Light
Emitting Diode) printing technology, falling within CN code
8517 21 00, hereinafter referred to as (cid:145)personal fax machines(cid:146)
or (cid:145)product concerned(cid:146).

(width (cid:215) depth (cid:215) height)

the main

of

As mentioned in point 3, the investigation will
include an
examination as to whether the above product definition is
still
fax
machines currently sold on the Community market.

to identify the personal

appropriate

in order

Having determined, after consulting the Advisory Committee,
that there is sufficient evidence to justify the initiation of an
interim review, the Commission hereby initiates an investi-
gation pursuant to Article 11(3) of the Basic Regulation. This
investigation will assess the need for the continuation, removal
or amendment of the existing measures.

(a) Submission concerning the product definition

The interested parties, in particular those who participated
in the investigation having led to the existing measures
to the present
subject
review are hereby invited to
their comments on the product definition and
present
specifications of all
provide details of
personal
the
they fulfil
criteria defined in Regulation 904/98, within the time
limit specified in point 5 (b).

fax machines, whether or not

technical

the

The above CN code is only given for information.

2. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by the Regulation (EC) No 904/98, hereinafter
referred to as the Regulation.

3. Grounds for the review

the
the anti-dumping measures
Since the imposition of
Commission has closely monitored the evolution of
total
imports into the Community of the product concerned. This
has brought to light significant changes in the trade pattern
between third countries and the Community both in terms of
import volume and import prices which indicate changed circ-
unstances.

Moreover, certain technical and technological developments
have occurred, in particular with regard to the printing tech-
nology used and the physical appearance of
the product
concerned.
the Community industry has
respect,
claimed and provided evidence that the original product defi-
nition mentioned in point 1 of this notice has been superseded
by changed circumstances related to these new developments,

In this

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

(b) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
representative
to the Community producers
and the
association in the Community,
the exporting producers
and all importers and user organisations which participated
in the investigation having led to the existing measures
subject to the present review. At the same time a copy of
the corresponding questionnaire will be sent to any known
representative
exporting producers or
importers.

association of

The authorities of the exporting countries will be notified
of the exporting producers known to be concerned and
provided with a copy of the questionnaire sent to them.

to find out whether

Interested parties who did not participate in the investi-
gation having led to the existing measures subject to the
the Commission
present review are invited to contact
forthwith in order
are
they
concerned by the review,
in which case they should
request a copy of the questionnaire as soon as possible
this
and not
notice in the Official Journal of
the European Communities.
Any request for questionnaires must be made in writing
to the address mentioned below and should indicate the
name, address, telephone, fax and/or telex numbers of the
interested party.

later than 15 days of

the publication of

1.7.2000

EN

Official Journal of the European Communities

C 184/27

(c) Collection of information and holding of hearings

All interested parties, provided that they can show that they
are likely to be affected by the results of this specific inves-
tigation, are hereby invited to make their views known in
writing and to provide supporting evidence.

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.

(d) Selection of the market economy third country

In accordance with Article 2(7) of the basic Regulation, it is
envisaged to choose Korea 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 this choice within the specific
time limit set in point 5(c) of this notice.

(e) Market economy status

For those exporting producers in the People’s Republic of
China who 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. Exporting
producers intending to submit duly substantiated claims
must do so within the specific time limit set under point
5(d) of this notice. The Commission will send claim forms
to all known exporting producers of the product concerned
in the People’s Republic of China as well as to the Chinese
authorities.

(f) Community interest

representative

importers,
users

In accordance with Article 21 of the basic Regulation and
in order that a decision may be reached as to whether the
continuation,
the existing
removal or amendment of
measures would not be against the Community interest,
their representative
the Community industry,
representative
and
associations,
consumer organisations, provided that
they prove that
there is an objective link between their activity and the
product concerned, may, within the general
time limits
set in point 5(a) 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.

the European Communities.

Interested parties may also
of
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 contact the Commission
without delay.

(b) Specific time limit for submissions concerning product definition

the
Duly substantiated comments on the changes of
original product definition, as mentioned in point 1 of
this notice, must be submitted in writing within 21 days
of the date of publication of this notice in the Official
Journal of the European Communities.

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

country

this notice,

Parties to the investigation wishing to comment on the
appropriateness of Korea which, as mentioned in point
is envisaged as a market economy
4(d) of
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.

(d) Specific time limit for submission of claims for market economy

status

Duly substantiated claims for market economy status, as
mentioned in point 4(e) of this notice, must be submitted
in writing within 21 days of the date of publication of this
notice in the Official Journal of the European Communities.

(e) Specific time limit for submission of questionnaires

Replies to the questionnaires, as mentioned in point 4(b) of
this notice, 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 & E
(DM 24 (cid:151) 8/38)
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877

6. Non cooperation

5. Time limits

(a) General time limit

Interested parties, if their representations are to be taken
into account during the investigation, must make them-
selves 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

specified in paragraph 5 of

In cases in which any interested party refuses access to, or
otherwise does not provide necessary information within the
time limits
this notice, 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.