Notice of initiation of an anti-dumping proceeding concerning imports of certain ringbinder mechanisms originating in India and Indonesia
Date: 2001-05-18
Institutions: European Commission
Subjects: India, Indonesia, anti-dumping legislation, book trade, complaint to the Commission, originating product

C 147/2

EN

Official Journal of the European Communities

18.5.2001

Notice of initiation of an anti-dumping proceeding concerning imports of certain ringbinder
mechanisms originating in India and Indonesia

(2001/C 147/02)

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 2238/2000 (2)
((cid:145)the Basic Regu-
lation(cid:146)), alleging that imports of certain ringbinder mechanisms
((cid:145)countries
((cid:145)RBM(cid:146)), originating
concerned(cid:146)), are being dumped and are thereby causing
material injury to the Community industry.

Indonesia

in India

and

1. Complaints

The complaint was lodged on 3 April 2001 by the following
Community producers: Koloman Handler AG, Krause Ring-
buchtechnik GmbH ((cid:145)the complainants(cid:146)) representing a major
proportion,
in this case more than 85 %, of Community
production of RBM.

2. Product

steel

sheets or wires with at

The product allegedly being dumped is RBM. They consist of
four
two rectangular
half-rings made of steel wire fixed on it and which are kept
together by a steel cover. They can be opened either by pulling
the half-rings or with a small steel-made trigger mechanism
fixed to the RBM ((cid:145)the product concerned(cid:146)) originating in the
countries concerned, currently classifiable within CN code ex
8305 10 00. This CN code is only given for information.

least

3. Allegation of dumping

The allegation of dumping for India and Indonesia is based on
a comparison of constructed normal values with the export
prices of the product concerned to the Community.

On this basis, the dumping margins calculated are significant
for imports from both exporting countries concerned.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from India and Indonesia 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
negative impact on the market share held, the quantities sold
and the level of prices charged by the Community industry,
effects on the overall
adverse
resulting

in substantial

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.

performance,
situation of the Community industry.

the financial

situation and the employment

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
concerned originating in India
dumped and whether this dumping has caused injury.

determine whether

and Indonesia

the product
is being

(a) 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 exporters/producers
in India and Indonesia, to any association of exporters/
producers,
to any association of
importers named in the complaint, and to the authorities
of the exporting countries concerned.

importers,

to the

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out
in point 6(a) 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(b) of
this notice applies to all such interested parties.

(b) Collection of information and holding of hearings

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

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(c).

18.5.2001

EN

Official Journal of the European Communities

C 147/3

5.2. Procedure for assessment of Community interest

7. Written submissions, questionnaire replies and corre-

this

industry,

the Community interest. For

In accordance with Article 21 of the Basic Regulation and in
the event that the allegations of dumping and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of anti-dumping measures would not
reason the
be against
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
objective
and the product
concerned, may, within the time limits set in point 6(b) of
this notice, make
the
It should be noted that any
Commission with information.
to Article 21 will only be
information submitted pursuant
taken into account if supported by factual evidence at the
time of submission.

themselves known and provide

link between their

they prove that

activity

their

6. Time limits

(a) For parties to request a questionnaire

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

this notice in the Official

Journal of

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

replies and any other information

All interested parties, if their representations are to be taken
into account during the investigation, must make them-
selves known by contacting 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 Journal of the European Communities,
unless otherwise specified.

(c) Hearings

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

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.

Commission address for correspondence:

European Commission
Directorate-General for Trade
Directorates B and C
TERV (cid:151) 0/13
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

The investigation will be concluded, according to Article 6(9)
of the Basic Regulation within 15 months of the date of 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.