2001/545/EC: Commission Decision of 9 July 2001 amending Decision 97/167/EC accepting undertakings offered in connection with the review of Council Regulation (EEC) No 3433/91 and the anti-dumping proceeding concerning imports of gas-fuelled non-refillable pocket flint lighters, originating, inter alia, in Thailand (notified under document number C(2001) 1766)
Date: 2001-07-09
Institutions: European Commission
Subjects: Thailand, anti-dumping legislation, import, non-durable goods, tobacco industry

19.7.2001

EN

Official Journal of the European Communities

L 195/57

COMMISSION DECISION

of 9 July 2001

amending Decision 97/167/EC accepting undertakings offered in connection with the review of
Council Regulation (EEC) No 3433/91 and the anti-dumping proceeding concerning imports of
gas-fuelled non-refillable pocket flint lighters, originating, inter alia, in Thailand

(notified under document number C(2001) 1766)

(2001/545/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Community (1), as last
amended by Regulation (EC) No 2238/2000 (2), and in partic-
ular Article 8 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

A. PREVIOUS PROCEDURE

Anti-dumping measures were imposed on imports of
gas-fuelled non-refillable pocket flint lighters originating,
inter alia,
in Thailand by Council Regulation (EC) No
423/97 (3). Undertakings were accepted by Commission
Decision 97/167/EC (4) in connection with the review of
Council Regulation (EEC) No 3433/91 (5).

B. INTERIM REVIEW

In April 2000, the Thai exporting producer, Thai Merry
Co., Ltd (the ‘applicant’) lodged a request for an interim
review of the anti-dumping measures applicable to it,
limited to the aspects of dumping pursuant to Article
11(3) of Regulation (EC) No 384/96 (the ‘basic Regula-
tion’). Having determined, after consulting the Advisory
Committee, that sufficient evidence existed for the initia-
tion of an interim review, the Commission published a
notice (notice of initiation) (6) and commenced an invest-
igation.

(3)

The investigation did not show the existence of dumping
for the applicant. In addition, evidence was found that it
is unlikely that there will be a recurrence of dumped

imports, in the foreseeable future. It was consequently
the changed circumstances are of a
concluded that
lasting nature. In the absence of dumping it is therefore
considered appropriate to repeal the measures in so far
as they concern the applicant.

C. AMENDMENT OF DECISION 97/167/EC

(4)

(5)

In view of the finding of non-existence of dumping for
the applicant and as this situation is not considered to
be of a short-term nature, Decision 97/167/EC should
therefore be amended so as to repeal the undertaking
offered by Thai Merry Co., Ltd.

In parallel with this Decision, the Council is repealing
the anti-dumping duty imposed by Council Regulation
(EC) No 423/97 in so far as this company is concerned
(see Regulation (EC) No 1471/2001 (7)),

HAS ADOPTED THIS DECISION:

Article 1

Article 1(a) of Decision 97/167/EC is hereby suppressed.

Article 2

This Decision shall take effect on the day following its publica-
tion in the Official Journal of the European Communities.

Done at Brussels, 9 July 2001.

For the Commission

Pascal LAMY

Member of the Commission

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 65, 6.3.1997, p. 1.
(4) OJ L 65, 6.3.1997, p. 54.
(5) OJ L 326, 28.11.1991, p. 1.
(6) OJ C 311, 31.10.2000, p. 5.

(7) See page 15 of this Official Journal.