Proposal for a Council Regulation imposing a definitive anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in the People's Republic of China and consigned from or originating in Taiwan and on imports of certain refillable pocket flint lighters originating in the People's Republic of China and consigned from or originating in Taiwan
Date: 2001-08-20
Institutions: European Commission
Subjects: China, Taiwan, anti-dumping duty, non-durable goods, originating product, tobacco industry, trade policy

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20.08.2001
COM(2001) 494 final

Proposal for a

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(presented by the Commission)

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On 5 May 2000, the Commission initiated an expiry review investigation of the measures in
force in respect of imports of certain pocket flint lighters originating in China, after receipt of
a  request  made  by  the  complainant  Community  producers  indicating  that  the  expiry  of  the
measures would be likely to lead to a continuation or recurrence of injurious dumping.

The attached proposal for a Council Regulation is based on the findings on dumping, injury
and  Community  interest  and  on  the  analysis  of  the  possible  effects  of  the  removal  or
maintenance of the measures in force.

The  investigation  established  the  likelihood  of  recurrence  of  injurious  dumping,  should  the
measures be repealed; and, thus, that it was appropriate to maintain the measures against the
imports  of  certain  non-refillable  and  refillable  lighters  from  the  China  and  Taiwan  in  their
current form, since no interim review took place and as a result of the 1999 extension to the
latter imports.

It  is  therefore  proposed  that  the  Council  adopt  the  attached  proposal  for  a  Regulation  by
which the existing measures would be maintained for another five-year term.

2

Proposal for a

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THE COUNCIL OF THE EUROPEAN UNION,

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  Community1,  and  in
particular Article 11(2) and (6) thereof,

Having  regard  to  the  proposal  submitted  by  the  Commission,  after  consulting  the  Advisory
Committee,

Whereas:

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(1) 

(2) 

(3) 

In  1991,  the  Council,  by  Regulation  (EEC)  No  3433/912,  imposed,  LQWHU(cid:3) DOLD,  a
definitive anti-dumping duty of 16,9% on imports of gas-fuelled, non-refillable pocket
flint  lighters  (‘non-refillable  lighters’)  originating  in  the  People's  Republic  of  China
(‘China’).

In 1995, by Council Regulation (EC) No 1006/953, the original DG(cid:16)YDORUHP duty was
replaced by a specific duty of 0,065 ECU per lighter.

By  Regulation  (EC)  No  192/19994  the  Council,  further  to  an  anti-circumvention
investigation, extended the above measures to: a) imports of gas-fuelled non-refillable
pocket flint lighters consigned from or originating in Taiwan and b) imports of certain
refillable lighters originating in China or consigned from or originating in Taiwan with
a free-at-Community frontier, duty unpaid value per piece lower than …(cid:3)(cid:19)(cid:15)(cid:20)(cid:24)(cid:17)

1

2

3

4

OJ L 56, 6.3.1996, p.1, as last amended by Regulation (EC) No 2238/2000 (OJ L 257, 11.10.2000, p.2.)
OJ L 326, 28.11.1991, p.1.
OJ L 101, 4.5.95, p.38.
OJ L 22, 29.1.99, p. 1.

3

                                                
(cid:20)(cid:17)(cid:3)

(4) 

(5) 

(cid:21)(cid:17)(cid:3)

(6) 

(cid:22)(cid:17)(cid:3)

(7) 

(cid:23)(cid:17)(cid:3)

(8) 

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5(48(67(cid:3))25(cid:3)$(cid:3)5(9,(:

Following the publication of a notice of impending expiry5 of the anti-dumping duties
imposed by Council Regulation (EC) No 1006/95 as extended by Council Regulation
(EC) No 192/1999 (‘existing measures’), the Commission received a request to review
the existing measures pursuant to Article 11(2) of Council Regulation (EC) No 384/96
(‘the basic Regulation’).

The request was lodged on 3 February 2000 by the European Lighters Manufacturers
Federation  (‘ELMF’  or  ‘the  applicant’),  on  behalf  of  Community  producers
representing  a  major  proportion  of  the  Community  production  of  non-refillable
lighters (‘the applicant Community producers’).

127,&((cid:3)2)(cid:3),1,7,$7,21

Having determined, after consulting the Advisory Committee, that sufficient evidence
existed  for  the  initiation  of  an  expiry  review,  the  Commission  initiated  an
investigation6 pursuant to Article 11 (2) of the basic Regulation.

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The  investigation  into  the  continuation  and/or  recurrence  of  dumping  and  injury
covered the period from 1 January 1999 to 31 March 2000 (the ‘investigation period ‘
or ‘IP’). The examination of the trends relevant for the assessment of the likelihood of
a continuation and/or recurrence of injury covered the period from 1 January 1996 to
the end of the IP (the ‘period under review’).

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The  Commission  officially  advised  the  Community  industry,  the  exporters  and
producers in China and their representatives, the Chinese authorities, and the importers
and  users  known  to  be  concerned,  of  the  initiation  of  the  review  .  The  Commission
sent  questionnaires  to  all  these  parties  and  to  those  who  made  themselves  known
within  the  time  limit  set  in  the  notice  of  initiation.  In  addition,  the  producer  in  the
analogue  country  was  contacted  and  received  a  questionnaire.  The  parties  directly
concerned  were  given  the  opportunity  to  make  their  views  known  in  writing  and  to
request a hearing.

(9) 

The applicant Community producers replied to the questionnaires. Further information
was  received  from  one  non-applicant  Community  producer  who  did  not  oppose  the
proceeding.

(10)  The exporting producers in China did not reply to the Commission’s questionnaire and

did not co-operate in the investigation.

5

6

OJ C 318, 5.11.1999, p. 3.
OJ C 127, 5.5.2000, p. 15.

4

                                                
(11)  Out of the seventy-two unrelated importers and users contacted, only thirteen replied
and  claimed  not  to  have  imported  or  to  have  discontinued  imports  of  the  product
concerned  originating  in  China.  Of  those  thirteen,  two  importers  replied  fully  to  the
questionnaire.

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(12)  The  Commission  sought and verified  all information  deemed  necessary  to  determine
whether  or  not  there  is  a  likelihood  of  a  continuation  or  recurrence  of  dumping  and
injury and whether or not the continued imposition of the measures would be against
the  Community  interest.  Verification  visits  were  carried  out  at  the  premises  of  the
following companies:

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BIC S.A., Clichy Cedex, France;

FLAMAGAS S.A., Barcelona, Spain,

TOKAI EUROPE GmbH, Mönchengladbach, Germany,

SWEDISH MATCH LIGHTER B.V. Assen, the Netherlands

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SWEDISH MATCH PHILIPPINES, INC., Manila , Philippines

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DAALGO, S.L., Valencia, Spain

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(13)  The product under consideration is the same as in the original investigations, i.e. gas-
fuelled,  non-refillable  lighters  falling  under  CN  code  9613  10  00  (TARIC  Code  CN
9613 10 00*19).7

(14)  As  shown  in  the  previous  investigations,  it  has  been  established  that  non-refillable
lighters produced and sold by the applicant Community producers and those imported
from  China  are  in  all respects identical  or  share  at  least the same  basic physical and
technical characteristics and that no differences in usage exist among them. The same
is  true  for  those  produced  and  sold  in  the  Philippines  which  served  as  an  analogue
country.  Therefore,  they  are  considered  to  be  like  products  within  the  meaning  of
Article 1(4) of the basic Regulation.

7

This  TARIC  code  was  added  to  the  original  9613  10  00*11  as  of  1  July  2000.  It  is  recalled  –see
recital 3-  that  the  measures  were  extended  to  non  refillable  lighters  originating  in  or  consigned  from
Taiwan  (TARIC  Codes  CN  9613  10  00*19  and  *11)  and  to  certain  refillable  lighters  originating  in
China  and  Taiwan,  or  consigned  from  Taiwan,  falling  under  CN  code  ex  9613  20  90  (TARIC  Code
9613 20 90*21).

5

                                                
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(cid:20)(cid:17)(cid:3)

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(15)  The findings on dumping set out below should be viewed in the light of the fact that
the  Chinese  exporting  producers  did  not  co-operate  in  the  investigation  and  that
findings therefore had to be based on facts available, i.e. Eurostat and Chinese export
trade  data,  pursuant  to  Article  18  of  the  Basic  Regulation.  The  market  share
represented  by  the  imports  concerned  was  significant  at  the  time  of  the  original
investigation, when it represented around  11%  of the total  Community consumption.
In the period following the imposition of the anti-dumping measures, this market share
decreased  to  9%  in  1995,  and  went  down  substantially  since  then  to  around  1,3%
during the IP.

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/,.(/,+22’(cid:3)2)(cid:3)$(cid:3)&217,18$7,21(cid:3)2)(cid:3)’803,1*

D(cid:12)(cid:3)$QDORJXH(cid:3)FRXQWU\

(16)  The  existing  measures  provide  for  a  single  countrywide  duty  on  all  imports  into  the
Community  of  non-refillable  lighters  originating  in  China.  In  accordance  with
the  same
Article 11(9)  of  the  Basic  Regulation,  the  Commission  employed 
methodology  as  in  the  original  investigation.  Accordingly,  normal  value  was
determined  on  the  basis  of  information  obtained  in  a  market  economy  third  country
(‘the analogue country’).

(17)  Thailand  had  served  as  an  analogue  country  in  the  original  investigation.  In  the
subsequent review the Philippines had been used as an analogue country  as the  Thai
producers  refused  to  co-operate  and  since  it  was  found  that,  taking  into  account  the
size of its domestic market, the openness of its market and its degree of access to parts
and  components,  the  Philippines  was  an  appropriate  and  not  unreasonable  choice  of
analogue  country.  In  the  notice  of  initiation  of  this  expiry  review  it  was  therefore
envisaged  to  choose  the  Philippines  again  as  analogue  country  for  the  purpose  of
establishing normal value. Since it was found that the findings of the previous review
investigation  were  still  valid,  as  no  interested  party  commented  on  this  choice  of
analogue country and since the Filipino producer which was contacted agreed to fully
co-operate, the Philippines was, therefore, in accordance with Article 2(7) of the Basic
Regulation, considered to be an appropriate and not unreasonable choice of analogue
country for establishing normal value in respect of China for the product concerned.

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(18)  First, it was established that the domestic sales of the Filipino producer were made in
sufficient quantities and thus considered representative within the meaning of Article
2(2) of the Basic Regulation.

(19) 

It was subsequently examined whether the domestic sales of the co-operating Filipino
producer  to  independent  customers  could  be  considered  to  have  been  made  in  the
ordinary  course  of  trade,  in  accordance  with  Article  2(4)  of  the  Basic  Regulation.  It
was  found  that  the  weighted  average  selling  price  of  all  domestic  sales  during  the
investigation period was above the weighted average unit cost of production, and that
the volume of individual sales transactions below unit cost of production was less than

6

20%  of  the  sales  being  used  to  determine  normal  value;  therefore  all  domestic  sales
were regarded as having been made in the ordinary course of trade.

(20)  Normal  value  was  therefore  determined,  as  set  out  in  Article  2(1)  of  the  Basic
Regulation, on the basis of the price paid or payable, in the ordinary course of trade,
by  independent  domestic  customers  of  the  co-operating  Filipino  producer  during  the
investigation period, i.e. the weighted average of prices of all domestic sales per model
made during the IP irrespective of whether these sales were profitable or not.

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(21)  As regards the exports to the Community, given that exporting producers in China did
not  co-operate,  findings  had  to  be  based  on  the  facts  available,  in  accordance  with
Article  18(1)  of  the  Basic  Regulation.  The  export  price  was  thus  determined  on  the
basis of documented offers since the level of prices found in them was confirmed by
Chinese export trade data.

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(22)  For the purpose of a fair comparison, and in accordance with Article 2(10) of the Basic
Regulation,  due  allowance  in  the  form  of  adjustments  was  made  for  differences  in
respect  of  transport  and  credit  costs,  which  were  demonstrated  to  affect  prices  and
price comparability.

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(23) 

In accordance with Article 2(11) of the Basic Regulation, the weighted average normal
value, on an ex-works Philippines basis, was compared to the weighted average export
price on  an  ex-works  China  basis, at the same level of trade. The  above  comparison
showed  the  existence  of  very  significant  dumping.  The  dumping  margin  found  was
substantially higher than the 80,3% found in the previous investigations.

(24)  The investigation did not reveal any reason why the level of dumping would disappear
or decrease if the measures were to be repealed. It was therefore concluded that there
is a likelihood of  continuation  of dumping. However,  given  the  low  level of  imports
originating  in  China  during  the  IP,  it  was  considered  appropriate  to  also  examine
whether  there  was  a  recurrence  of  dumping  in  increased  export  volumes  should  the
existing measures be repealed.

(cid:22)(cid:17)(cid:3)

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(25)  For  the  purposes  of  the  examination  of  a  likelihood  of  recurrence  of  dumping  in
significant  quantities  the  following  factors  were  assessed:  existence  of  dumping  and
the background of circumvention, the evolution of production and capacity utilisation
in China, and the evolution of world-wide Chinese lighter exports.

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(26)  The  dumping  margin  established  in  the  previous  investigations  was  high.  The
investigation carried out under the present review indicates that dumping has not been
eliminated and was even substantially higher than during the previous investigations.

7

(27)  Furthermore,  there  is  a  record  of  circumvention  of  the  anti-dumping  measures
imposed. This took place by way of trans-shipment through Taiwan and modification
of the product which only purpose was to avoid the payment of the anti-dumping duty.
Consequently,  as  stated  in  recital  (3),  the  measures  were  extended  in  1999  to
Taiwanese imports and to imports of certain refillable lighters from China.

(28)  The results of the anti-circumvention investigation as well as the current relatively low
level of imports into the Community from China of the product  concerned  appear to
demonstrate  that  while  Chinese  exporting  producers  continued  to  have  a  strong
interest  in  selling  to  the  Community,  they  could  not  compete  on  the  Community
market with their products at a non-dumped level.

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(29)  The  only  data  on  domestic  production  and  consumption  of  lighters  in  China  were
made available to the Commission by the applicant in its request for this review  and
during the investigation, as Chinese exporting producers did not co-operate. While the
available data could not be confirmed by independent sources, no reason was found to
dismiss them.

(30)  Chinese production of flint lighters alone has been estimated at 2,5 billion, more than
twice the Chinese domestic consumption of the product concerned, estimated at 1,1 to
1,4 billion units including piezo lighters, which are not product concerned. However,
these  figures  are  clearly  underestimated  if  compared  to  the  Chinese  export  statistics
(see recital 33).

(31)  According to the website www.globalsources.com there are 786 suppliers of cigarette
lighters  in  China,  of  which  140  for  non-refillable  and  161  for  refillable.  The  self-
proclaimed biggest lighter manufacturer lists a monthly capacity of 45 million lighters.
Also, three random companies, among the 20  biggest  known,  claim  to  produce or to
have  the  capacity  of  producing  1  billion  lighters  a  year;  slightly  less  than  the  total
Community consumption of refillable and non-refillable lighters.

(32)  Consequently, the enormous production capacity available in China combined with the
size of the Chinese  domestic  market  gives Chinese  exporting producers  considerable
flexibility  to  switch  both  between  markets  and  product  types.  These  producers  are
therefore  able  to  quickly  increase  production  and  direct  it  to  any  export  market,
including, were the measures to be repealed, the Community market.

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1.

General trend of increasing exports

(33)  On the basis of Chinese export trade data, it was established that Chinese world-wide
exports increased from 1,9 billion units of non-refillable lighters and 0,2 billion units
of refillable lighters in 1996 to 2,7 billion and 0,7 billion units in 2000.

(34)  Furthermore, a significant fall in prices was observed, from $0,06 in 1996 to $0,03 in
2000 for non-refillable lighters and from $0,31 in 1996 to $0,14 in 2000 for refillable
lighters.

2.

Possible deflection of Chinese exports due to the introduction of restrictions in
third countries

8

(35)  According  to  the  available  information,  Canada  and  the  USA  have  imposed  import
restrictions on Chinese lighters because of safety  concerns. The US market is  closed
for  non-child-resistant  lighters  and  at  the  end  of  1999  Canada  has  forbidden  the
entrance  of  Asian  lighters  for  safety  reasons.  This  shows  that  there  is  pressure  on
Chinese exporting producers to find alternative export markets.

3.

Chinese exports to other representative export markets

(36) 

It  is  important  to  note  that,  after  the  Council  imposed  anti-dumping  duties  in  1995,
exporting producers from China easily penetrated other large export markets such as,
for  instance,  Indonesia  and,  to  a  lesser  extent,  Russia  and  Japan,  by  charging  export
prices at similarly low levels as those to the Community.

(cid:23)(cid:17)(cid:3)

&21&/86,21

(37)  The  investigation  has  clearly  shown  that  while  the  volume  of  non-refillable  lighters
imported  into  the  Community  from  China  during  the  investigation  period  was
relatively small, the level of dumping found for these imports was even higher than in
previous investigations.

(38)  The  investigation  has  also  shown  that  the  volume  of  Chinese  non-refillable  lighter
exports  to  the  Community  would  in  all  probability  reach  substantial  levels  if  the
existing  measures  were  to  be  repealed.  This  conclusion  was  reached  in  view  of  the
substantial spare capacity available in China and the degree of circumvention found .
This illustrates the strong continued interest of Chinese exporting producers in selling
to the Community.

(39) 

It  was  also  concluded  that  such  substantially  increased  exports  to  the  Community
would most likely be made at dumped prices. This is demonstrated by the low prices
found  for  Chinese  exports  to  other  main  third  country  markets.  It  is  unlikely  that
Chinese  exporting  producers  could  resume  significant  exports  to  the  Community
without charging similarly low export prices, in particular since the current exports to
the Community, even if not significant in terms of volume, are already dumped.

(40) 

In  summary,  it  is  highly  probable  that  imports  to  the  Community  from  China  will
resume in significant quantities and at significant dumped prices, should measures be
repealed.

((cid:17)(cid:3)’(),1,7,21(cid:3)2)(cid:3)7+((cid:3)&20081,7<(cid:3),1’8675<

(41)  The  applicant  Community  producers  represent  about  95%  of  the  Community
production of non-refillable lighters and therefore constitute the Community industry
within the meaning of Article 4(1) and Article 5(4) of the Basic Regulation. The other
Community  producer  was  not  considered  to  form  part  of  the  Community  industry
since  it  did  not  fully  co-operate  but  only  gave  certain  information  necessary  to
establish the consumption of non-refillable lighters in the Community.

)(cid:17)$1$/<6,6(cid:3)2)(cid:3)7+((cid:3)6,78$7,21(cid:3)2)(cid:3)7+((cid:3)&20081,7<(cid:3)0$5.(7

(cid:20)(cid:17)(cid:3)

*(1(5$/(cid:3)5(0$5.

(42)  To ensure comparability of annual trends, all parameters examined in the 15-month IP

were annualised by multiplying the verified data by 12/15.

9

(cid:21)(cid:17)(cid:3)

&2168037,21(cid:3)21(cid:3)7+((cid:3)&20081,7<(cid:3)0$5.(7

(43)  The apparent consumption in the Community of the product under consideration was

established on the basis of:

-

-

-

-

the units sold by the Community  industry of  its  own-produced,  non-refillable
lighters;

the units sold by the non-applicant Community producer;

the imports of non-refillable lighters into the Community from China based on
Eurostat data;

the imports of non-refillable lighters  into  the Community  from  all  other  third
countries based on Eurostat data.

(44)  On  this  basis,  the  consumption  of  non-refillable  lighters  on  the  Community  market
decreased  from  about  873  million  units  in  1996  to  about  770  million  in  the  IP.
Consumption  decreased  between  1996  and  1998  by  14,3%,  and  subsequently
increased  in  1999  and  during  the  IP.  The  overall  contraction  of  the  Community
consumption during the period under review was 11,8%.

&RPPXQLW\
&RQVXPSWLRQ

9ROXPH
(million units)

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3

(cid:3)(cid:28)(cid:25)(cid:16),(cid:3)3
LQ(cid:3)(cid:8)

872 881

785 833

747 784

761 478

769 551

1996 = 100

100,0

90,0

85,7

87,2

88,2

-(cid:20)(cid:20)(cid:15)(cid:27)

6RXUFHV(cid:29)(cid:3) 4XHVWLRQQDLUH(cid:3) UHSOLHV(cid:3) RI(cid:3) WKH(cid:3) &RPPXQLW\(cid:3) LQGXVWU\(cid:3) DQG(cid:3) WKH(cid:3) RWKHU(cid:3) &RPPXQLW\(cid:3) SURGXFHU(cid:15)
H[WUDSRODWLRQV(cid:3)IURP(cid:3)(85267$7(cid:17)

(45)  These figures are however underestimated since they do not include certain refillable
lighters which amounted to around 153 million in 1997 and 104 million in the IP.

(cid:22)(cid:17)(cid:3)

(92/87,21(cid:3)2)(cid:3),032576(cid:3)25,*,1$7,1*(cid:3),1(cid:3)&+,1$

(cid:11)D(cid:12)

,PSRUW(cid:3)YROXPHV(cid:3)DQG(cid:3)PDUNHW(cid:3)VKDUHV

(46)  Given  that  the  specific  duty  of  0,065  ECU  per  unit  was  established  in  1995,  import
figures  are  also  given  for  that  year  and  the  trend  is  calculated  accordingly.  Imports
went down from almost 80 million units in 1995 to less than 10 million in the IP. Their
market  share  dropped  accordingly.  Consumption  in  1995,  estimated  at  882  million,
was marginally different than in 1996.

10

D
 ,PSRUWV(cid:3)IURP
&KLQD

9ROXPH
(million units)

(cid:20)(cid:28)(cid:28)(cid:24)

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3

79,569

12,244

7,721

18,956

10,345

9,789

Market share in %

9,08

1,4

1,0

2,5

1,4

(cid:20)(cid:15)(cid:22)

6RXUFH(cid:29)(cid:3)(85267$7

(cid:11)E(cid:12) 3ULFH(cid:3)HYROXWLRQ(cid:3)RI(cid:3)WKH(cid:3)LPSRUWV

(47)  After the imposition of an anti-dumping duty against non-refillable lighters originating
in  China,  prices,  according  to  the  best  evidence  available  gathered  from  Eurostat,
Chinese  statistics  and  documented  offers  by  Chinese  operators  still  remained  lower
than the Community industry’s prices. On the basis of the findings for the IP, the price
difference,  at  the  same  level  of  trade,  was  around  48%,  even  including  the
anti-dumping duty.

(cid:23)(cid:17)(cid:3)

(&2120,&(cid:3)6,78$7,21(cid:3)2)(cid:3)7+((cid:3)&20081,7<(cid:3),1’8675<

(cid:11)D(cid:12) *HQHUDO(cid:3)&RPPHQW

(48)  At  first  sight,  the  measures  seem  successful  with  respect  to  the  developments  of
certain economic indicators. However, the situation of the Community industry must
also be judged in the light of the circumvention that was found to take place and which
led to the extension of the anti-dumping duty in 1999.

(cid:11)E(cid:12) 3URGXFWLRQ

(49)  As shown in the table below, the Community industry’s production of non–refillable
lighters  decreased  from  1  038  to  912  million,  i.e.  by  about  12%,  during  the  period
under review. The Community industry undertook  important  restructuring  during the
same period to face the competition of low-priced imports. Production was adapted to
obtain  economies  of  scale  and  competitiveness  was  improved  to  respond  to  the
evolution  of  demand,  such  as  the  increasing  consumption  and  imports  of  piezo
lighters. It should be pointed out that two manufacturing plants, in Greece and France,
were closed down during the period under review.

3URGXFWLRQ

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3

(cid:3)(cid:28)(cid:25)(cid:16),3

Million units

1 038,3

1 015,8

943,9

890,3

911,7

1996=100

100,0

97,8

90,9

85,8

87,8

(cid:16)(cid:20)(cid:21)(cid:15)(cid:21)%

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\

(cid:11)F(cid:12) &DSDFLW\(cid:3)DQG(cid:3)FDSDFLW\(cid:3)XWLOLVDWLRQ(cid:3)UDWHV

8

Calculated on the 1996 consumption (1995 not available)

11

                                                
(50)  Production capacity of the Community industry decreased from 1 221 million units in

1996 to 1 195 in the IP, or 2,1%. Capacity utilisation decreased from 85% to 76%.

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3

(cid:3)(cid:28)(cid:25)(cid:16),3

&DSDFLW\
Million units

1 220,6

1 249,0

1 277,9

1 186,5

1 195,4

1996=100

100,0

102,3

104,7

&DS(cid:17)(cid:3)XWLOLVDWLRQ
UDWH(cid:3)LQ(cid:3)(cid:8)

85,1

81,3

73,9

97,2

75,0

97,9

76,3

(cid:16)(cid:21)(cid:15)(cid:20)

(cid:16)(cid:20)(cid:19)(cid:15)(cid:22)

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\

(cid:11)G(cid:12)

6DOHV(cid:3)LQ(cid:3)WKH(cid:3)&RPPXQLW\

(51)  The  sales  volume  of  the  Community  industry  in  the  Community  during  the  period
under review increased by 4,9%: from around 555 million units in 1996 to around 582
million in the IP.

7RWDO(cid:3)(&(cid:3)6DOHV

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3

(cid:3)(cid:28)(cid:25)(cid:16),3(cid:8)

XQLWV ( million )

555,070

585,924

587,301

583,180

582,292

1996=100

(cid:20)(cid:19)(cid:19)(cid:15)(cid:19)

(cid:20)(cid:19)(cid:24)(cid:15)(cid:25)

(cid:20)(cid:19)(cid:24)(cid:15)(cid:27)

(cid:20)(cid:19)(cid:24)(cid:15)(cid:21)

(cid:20)(cid:19)(cid:23)(cid:15)(cid:28)

(cid:23)(cid:15)(cid:28)

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\

(cid:11)H(cid:12) 0DUNHW(cid:3)VKDUH

(52)  The Community industry’s market share increased from around 64% to around 76%.

&RPPXQLW\(cid:3)LQGXVWU\¶V
PDUNHW(cid:3)VKDUH(cid:3)LQ(cid:3)(cid:8)

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3

(cid:3)(cid:28)(cid:25)(cid:16),3(cid:3)(cid:8)

(Units)

1996=100

63,6

100

74,6

78,5

76,6

75,7

117,3

123,4

120,4

119,0

(cid:20)(cid:28)(cid:15)(cid:19)

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\(cid:3)DQG(cid:3)(85267$7

(cid:11)I(cid:12)

6DOHV(cid:3)SULFHV(cid:3)LQ(cid:3)WKH(cid:3)&RPPXQLW\

(53)  The  investigation  showed  that  the  Community  industry's  average  sales  price  of  the
product  concerned  dropped  by  8%  during  the  period  under  review,  from  0,237
ECU/unit in 1996 to 0,217 EUR/unit in the  IP. These  average prices, after  falling in
1997 and in 1998, slightly increased and stabilized in 1999 and the IP.

12

$YHUDJH(cid:3)VDOHV(cid:3)SULFH

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3(cid:17)

(cid:3)(cid:28)(cid:25)(cid:16),3(cid:8)

Community industry
ECU/EUR/Unit

1966 =100

0,237

0,228

0,216

0,218

0,217

100

96,2

91,1

92,0

91.6

(cid:16)(cid:27)(cid:15)(cid:23)(cid:8)

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\

(cid:11)J(cid:12) 3URILWDELOLW\

(54)  Weighted average profit of the Community industry, expressed as a percentage of net
sales,  for non-refillable  lighters,  decreased  from 11,1% in 1996 to 6,9%  in  the  IP.  It
should  be  noted  that  the  profitability  varies  considerably  among  the  members  of  the
Community  industry.  In  addition,  one  major  company  maintained  that  profitability
between its flint and electronic lighters could not be separated and that the latter were
more profitable. With this background, the profitability figures listed below could be
overstated.  Another  member  of  the  Community  industry  attributed  the  marked
deterioration  of  its  profitability  during  1998  and  1999  to  important  setbacks  of  its
exports  to  third  countries;  hence  reduced  production  and  higher  overall  production
costs. In conclusion, the Community industry did not achieve the 15% profit deemed
appropriate  in  the  original  Regulation  No  3433/91  (recital  16)  and  in  Regulation
No 1006/95  (recital  63)  or  the  10%  profit  deemed  appropriate  in  Regulation
No 423/97 on imports of non-refillable lighters originating in Thailand, the Philippines
and Mexico (recital 81).

(55)  The profitability of the Community industry on the Community market for the product

under consideration developed as follows:

3URILW(cid:3)UDWH

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

%

11,1

10.3

7,5

6,2

(cid:3)(cid:28)(cid:25)(cid:16),3(cid:8)

,(cid:3)3

6,9

1996=100

100,0

92,8

67,6

55,9

62,2

(cid:16)(cid:22)(cid:26)(cid:15)(cid:27)

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\

(cid:11)K(cid:12) (PSOR\PHQW

(56)  Employment for the product under consideration in the Community industry declined
from 1 716 employees in 1996 to 1 496 employees in the IP(cid:15)(cid:3)by 13%. The reduction is
due  in  essence  to  the  Community  industry’s  effort  to  increase  competitiveness.  It
entailed closing two production sites as already mentioned, heightened automatization
in the manufacturing and assembling process and centralisation of sales activities.

The employment situation of the Community industry developed as follows:

13

3HUVRQQHO(cid:3)1RQ(cid:16)UHILOODEOH(cid:3)OLJKWHUV

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3

(cid:3)(cid:28)(cid:25)(cid:16),3(cid:8)

Manufacturing

1 467

1 428

1 395

1 287

1 270

Other

249

243

241

230

226

Total Number

1 716

1 671

1 636

1 517

1 496

1996=100

100,0

97,4

95,3

88,4

87,2

(cid:16)(cid:20)(cid:21)(cid:15)(cid:27)

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\

(cid:11)L(cid:12)

3URGXFWLYLW\

(57)  Measured on the yearly number of lighters produced by the manufacturing personnel,
productivity increased slightly from about 707 000 units in 1996 to around 718 000 in
the IP, by around 2%.

(cid:11)M(cid:12)

6WRFNV

(58)  The  closing  stocks  of  the  Community  industry  for  non-refillable  lighters  decreased

from 166 million units in 1996 to 160 million units in the IP, by around 4%(cid:17)

Stocks developed as follows:

&ORVLQJ(cid:3)VWRFNV

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3

(cid:3)(cid:28)(cid:25)(cid:16),3(cid:8)

Units (millions)

166,4

178,9

168,3

162,8

159,3

1996=100

100,0

107,5

101,1

97,8

95,7

-(cid:23)(cid:15)(cid:22)

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\

(cid:11)N(cid:12)

,QYHVWPHQWV

(59)  Total  investments  of  the  Community  industry  for  non-refillable  lighters  decreased
from around 15 million ECU in 1996 to around 12 million EUR in the IP. The level of
investment by the Community industry reflects its efforts to streamline its production.
These investments developed as follows:

,QYHVWPHQWV

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3

(cid:3)(cid:28)(cid:25)(cid:16),3(cid:8)

MillionECU/EUR

15,158

15,494

9,066

13,893

12,016

1996=100

100,0

102,2

59,8

91,6

79,3

-(cid:21)(cid:19)(cid:15)(cid:26)

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\

(cid:11)O(cid:12)

5HWXUQ(cid:3)RQ(cid:3),QYHVWPHQWV

(60)  Return  on  investments  of  the  Community  industry  decreased  from  41%  in  1996  to

14% in the IP. It developed as follows:

14

52,

%

1996=100

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

41

100,0

34

82,9

17

41,5

16

39,0

,(cid:3)3

14

34,2

(cid:3)(cid:28)(cid:25)(cid:16),3(cid:8)

(cid:16)(cid:25)(cid:24)(cid:15)(cid:27)

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\

(cid:11)P(cid:12) &DVK(cid:3)IORZ

(61)  Cash flow of the Community industry progressed favourably during the period under

review, although it started to decrease during the IP. It developed as follows:

&DVK(cid:3))ORZ

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3

(cid:3)(cid:28)(cid:25)(cid:16),3(cid:8)

million
ECU/EURO

15,575

24,116

17,217

22,397

21,102

1996=100

100,0

154,8

110,5

143,8

135,5

(cid:22)(cid:24)(cid:15)(cid:24)

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\

(cid:11)Q(cid:12) :DJHV

(62)  Wages paid by the Community industry increased per year on a pro-capita basis from

33 069 ECU in 1996 to 34 828 EUR in the IP, an increase of about 5%.

:DJHV

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3

(cid:3)(cid:28)(cid:25)(cid:16),3(cid:8)

ECU/EUR/person/yr.

33 069

33 553

33 649

34 597

34 828

1996=100

100,0

101,5

101,8

104,6

105,3

(cid:24)(cid:15)(cid:22)

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\

(cid:11)R(cid:12) $ELOLW\(cid:3)WR(cid:3)UDLVH(cid:3)FDSLWDO

(63)  During the period under review the Community industry did not experience problems
in raising funds, either through the groups some of the members belong to or through
short-term bank credits.

(cid:11)S(cid:12) 0DJQLWXGH(cid:3)RI(cid:3)GXPSLQJ

(64)  As concerns the impact on the situation of the Community industry of the magnitude
of  the  actual  margin  of  dumping  found  during  the  investigation  period,  it  should  be
noted  that  the  margin  found  for  China  is  significantly  higher  than  that  found  in  the
original investigation. The situation of the Community industry improved to a certain
extent  after  the  imposition  of  measures,  but  it  has  not  completely  recovered.
Therefore, should measures be  repealed, the impact of the dumping margin found in
the current investigation would be significant.

15

(cid:24)(cid:17)(cid:3)

(;3257(cid:3)$&7,9,7<(cid:3)2)(cid:3)7+((cid:3)&20081,7<(cid:3),1’8675<

(65)  The  Community  industry’s  exports  of  non-refillable  lighters  to  third  countries
amounted to 359 million units in the IP compared to 495 million in 1996. The overall
decrease, about 27% during the period under review, is to be seen in the context of the
exports  from  China  in  markets  other  than  the  Community  after  the  anti-dumping
measures in 1995 came into force, as well to serious economic downturns suffered by
certain importing third countries.

(66) 

In detail, the development during the period under review was as follows:

([SRUW(cid:3)YROXPHV(cid:3)RI(cid:3)WKH

&RPPXQLW\(cid:3)LQGXVWU\

(cid:20)(cid:28)(cid:28)(cid:25)

(cid:20)(cid:28)(cid:28)(cid:26)

(cid:20)(cid:28)(cid:28)(cid:27)

(cid:20)(cid:28)(cid:28)(cid:28)

,(cid:3)3

(cid:3)(cid:28)(cid:25)(cid:16),3(cid:8)

In million units

494,775

477,459

432,232

376,281

359,031

1996 =100

100,0

96,5

87,4

76,1

72,6

(cid:16)(cid:21)(cid:26)(cid:15)(cid:23)

6RXUFH(cid:29)(cid:3)4XHVWLRQQDLUH(cid:3)UHSOLHV(cid:3)RI(cid:3)WKH(cid:3)&RPPXQLW\(cid:3)LQGXVWU\

(cid:25)(cid:17)(cid:3)

,03257(cid:3)92/80(6(cid:3)$1’(cid:3)35,&(6(cid:3))520(cid:3)27+(5(cid:3)7+,5’(cid:3)&28175,(6

(67)  The total import volumes of non-refillable lighters from all third countries other than
China decreased during the period under review from about 292 million units in 1996
to  165  million  in  the  IP,  corresponding  to  market  shares  of  33,5%  and  21,4%
respectively. Taiwan, a major exporter in 1997, exported only minor quantities in the
IP, following the adoption of Regulation No 192/1999. Since then the major exporters
into the Community are Indonesia, Malaysia and Vietnam. Indeed imports from these
three countries increased from about 17 million units in 1996 to 109 million in the IP;
and  their  corresponding  market  shares  went  from  2,0%  to  14,2%.  Average  import
prices from these three countries decreased over the period under review and were on
average as low as 0,067 EUR/unit in the IP. Thus, they were significantly lower than
those of the Community industry, but higher than the available prices of the Chinese
imports.

(cid:26)(cid:17)(cid:3)

&21&/86,21

(68)  After the measures originally imposed were  amended in 1995  and extended  in 1999,
the  situation  of  the  Community  industry  has  improved  in  respect  of  a  number  of
economic indicators.

(69)  Certain economic factors in the Community, such as sales volumes and market share,
as  well  as  stocks,  have  shown  positive  developments  for  the  Community  industry
during  the  period  under  review.  Sales  volumes  rose  by  4,9%  and  the  corresponding
market share by 19%; during the same period stock volumes decreased by about 4%.
Meanwhile,  the  Community  industry’s  profitability  decreased  from  11%  in  1996  to
about 7% in the IP, far below the profit margins of 15% and 10% deemed appropriate
in the earlier  investigations. This investigation established that the  generally  positive
factors  except  profitability  were  made  possible  because  of  the  introduction  of  more
effective  anti-dumping  measures  during  the  past  years  and  as  a  result  of  the
restructuring of the Community industry’s facilities . However, it also made clear that
from
competition  from 

imported  non-refillable 

lighters,  especially 

resulting 

16

circumvention activities, forced the Community industry to lower its selling prices by
more than 8%, thus negatively affecting profitability.

(70) 

It has appeared that the market share once held by the Chinese exporters was filled in
with low-priced imports from other third countries not subject to anti-dumping duties
and with increased sales by  the  Community industry. The Chinese market share  was
reduced from about 9% in 1996 to slightly above 1% in the IP. At the same time the
Community  industry  improved  its  own  market  share  to  around  76%  in  the  IP
compared with less than 64% in 1996. Together with the anti-dumping measures, the
in-depth  restructuring  prompted  these  favourable  effects:  two  factories  were  closed
down  and  the  remaining  facilities  streamlined;  notably  at  the  expense  of  personnel,
which  was  reduced  by  almost13%  during  the  period  under  review.  Capacity  was
reduced by 2%;  but  at  the  same  time  production  was  reduced  by  12  %  and  capacity
utilisation went down by 10%.

(71) 

In  conclusion  the  investigation  established  that,  although  the  situation  of  the
Community  industry  has  improved,  it  is  likely  to  deteriorate  if  measures  were  to  be
repealed.

*(cid:17)(cid:3)/,.(/,+22’(cid:3)2)(cid:3)5(&855(1&((cid:3)2)(cid:3),1-85<

(72) 

In order to assess the likely effect of the expiry of the measures in force, a number of
factors were examined, in particular: the availability of unused capacity in China, the
exporters’ behaviour on the Community market and on other third markets, the prices
the exporters might charge if the duty were allowed to expire; and the likely impact of
these factors on the Community industry.

(73)  The information available, already reviewed under recitals (30) to (34), as well as the
history  of  the  past  years  demonstrate  that  there  is  a  huge  disproportion  in  China
between consumption on the one hand and capacity and production on the other hand.
Considering the attractiveness of the Community market, together with the safety rules
limiting access to certain  third country markets, the  export potential of  China at low
prices towards the Community is very high. Chinese export prices to third countries in
the year 2000 were, on average, even lower than those to the Community. Moreover,
the  lapsing  of  measures  against  Chinese  imports  would  entail  the  lapsing  of  the
circumvention  measures  with  regard  to  certain  refillable  lighters  from  China  and
Taiwan.  The  imports  of  lighters  covered  by  these  measures,  even  if  declining  in
volume  (from  almost  200  million  units  in  1998  at  0,065  ECU  per  unit  according  to
EUROSTAT) were still high in 2000 with almost 52 million units.

(74) 

In conclusion, in the absence of measures, there is likelihood of recurrence of injury
and, having also regard to the situation on dumping, there is likelihood of recurrence
of injurious dumping.

+(cid:17)(cid:3)&20081,7<(cid:3),17(5(67

(cid:20)(cid:17)(cid:3)

,1752’8&7,21

(75)  According to Article 21 of the basic Regulation, the Commission examined whether a
prolongation  of  the  existing  anti-dumping  measures  would  be  against  the  interest  of
the  Community  as  a  whole.  The  determination  of  the  Community  interest  must  be

17

based on an appreciation of all the various interests, such as the Community industry,
the importers and users of the product concerned.

(76) 

(77) 

In  the  preceding  investigations  the  adoption,  amendment  and  extension  of  the
measures against dumped non-refillable lighters were considered not to be against the
interest  of  the  Community.  Furthermore,  in  the  context  of  an  expiry  review,  the
scrutiny  of  a  situation  in  which  anti-dumping  measures  have  been  in  place  allows
assessment  of  any  negative,  undue  impact  of  the  anti-dumping  measures  in  force  on
the parties concerned.

In order to assess the likely impact of a continuation of the measures, the Commission
requested information from all interested  parties mentioned  above.  In  addition to  the
Community  industry,  questionnaires  were  sent  to  seventy-two  importers.  Together
with the two meaningful replies mentioned, few other comments were received. All of
them  were  taken  into  account  to  examine  whether,  despite  the  findings  of  the
likelihood  of  recurrence  of  injurious  dumping,  there  were  compelling  reasons  which
would lead to the conclusion that it is not in the Community interest  to maintain the
existing measures.

(cid:21)(cid:17)(cid:3)

,17(5(67(cid:3)2)(cid:3)7+((cid:3)&20081,7<(cid:3),1’8675<

(78) 

If  the  anti-dumping  measures  were  repealed,  dumped  and  low-priced  imports  on  the
Community  market  would  massively  increase  and  the  situation  of  the  Community
industry would start deteriorating again.

(79)  The Community industry is structurally viable; it underwent in-depth restructuring of
its  operations  and  invested  heavily  in  recent  years  to  enhance  its  competitiveness.
However,  it  can  be  concluded  that,  without  the  continuation  of  anti-dumping
measures, its situation will most likely deteriorate.

(cid:22)(cid:17)(cid:3)

,17(5(676(cid:3)2)(cid:3),03257(56(cid:3)$1’(cid:3)75$’(56

(80)  The  few  replies  obtained  from  the  importers/traders  seem  to  indicate  only  a  small
interest for this review investigation, notably because of the availability of alternative
sources abroad.

(81)  The  importers  who  made  themselves  known  consider  that  the  existing  measures
should not be prolonged. Their main concern is that imports of non-refillable lighters
could  be  completely  excluded  from  the  Community  market,  thus  reducing  free
competition  in  the  Community  and  triggering  excessive  prices  and  the  switch  to
cheaper advertising gadgets, other than lighters, on the part of the users; who distribute
such gadgets to final consumers buying their main products or services. One importer
stated  that  the  imposition  of  anti-dumping  duties  prompted  him  to  stop  trading  in
imported lighters. Considering the flow of imports during the period under review, his
decision appears to be the result of other considerations than any shortage of available
lighters not subject to duties.

(82)  Whereas  it  is  true  that  imports  of  flint  lighters  from  China  and  Taiwan  have
diminished,  the  imports  originating  in  other  exporting  countries,  together  with  the
existence  of  five  known  Community  producers,  have  guaranteed  competition  on  the
Community market. It is therefore confirmed that importers and traders have enjoyed
easy  access  to  the  product  under  consideration  from  third  sources  other  than  the

18

Community  industry  and  the  imports  concerned.  Finally,  these  operators  have  also
increasingly  been  relying  on  piezo  lighters.  In  other  terms,  the  impact  of  a
prolongation of the existing measures on these imports is likely to be minimal.

(83)  The  available  data  indicates  that  profitability  of  the  co-operating  importers  has  not
been  negatively  influenced  by  the  imposition  of  the  anti-dumping  measures  and  is
likely not to suffer future, adverse effects if the existing measures are maintained.

(cid:23)(cid:17)(cid:3)

,17(5(676(cid:3)2)(cid:3)&21680(56

(84)  Given the above, it is concluded that there are no compelling reasons on the grounds

of Community interest against the continuation of the measures.

(cid:24)(cid:17)(cid:3)

&216(48(1&(6(cid:3))25(cid:3)&203(7,7,21(cid:3)21(cid:3)7+((cid:3)&20081,7<(cid:3)0$5.(7

(85)  Considering that competition has remained strong on the Community market amongst
Community  producers,  the  imports  concerned  and  imports  originating  in  third
countries, it can be concluded that the continuation of the existing measures will  not
adversely  affect 
the  product  under
consideration on the Community market.

the  future  competitive  environment  for 

(cid:25)(cid:17)(cid:3)

&21&/86,21(cid:3)21(cid:3)&20081,7<(cid:3),17(5(67

(86)  Given the above, it is concluded that there are no compelling reasons on the grounds

of Community interest against the continuation of the measures.

,(cid:17)(cid:3)$17,(cid:16)’803,1*(cid:3)0($685(6

(87)  All  parties  were  informed  of  the  essential  facts  and  considerations  on  the  basis  of
which  it  is  intended  to  recommend  the  maintenance  of  the  existing  measures.  They
were  also granted a period to make representations subsequent to this disclosure.  No
comments were received which were of a nature to change the above conclusions.

It  follows  from  the  above  that,  as  provided  for  by  Article  11(2)  of  the  basic
Regulation,  the  anti-dumping  measures  applicable  to  imports  of  gas-fuelled,
non-refillable  pocket  flint  lighters  -  and  to  certain  refillable  lighters-  originating  in
China or consigned from or originating in Taiwan, as amended by Council Regulation
(EC) No 1006/95 and as extended by Council Regulation (EC) No 192/99, should be
maintained.

HAS ADOPTED THIS REGULATION:

$UWLFOH(cid:3)(cid:20)

1.

2.

A  definitive  anti-dumping  duty  is  hereby  imposed  on  imports  of  gas-fuelled,  non-
refillable pocket flint lighters falling within CN code 9613 10 00 (TARIC code CN
9613 10 00*(cid:20)(cid:28)) originating in the People’s Republic of China.

The  rate  of  the  duty,  applicable  to  the  net,  free-at-the  Community  frontier  price
before duty, shall be set at …(cid:3)(cid:19)(cid:15)(cid:19)(cid:25)(cid:24)(cid:17)

19

$UWLFOH(cid:3)(cid:21)

The  anti-dumping  duties  extended  by  Council  Regulation  (EC)  No  192/1999  on  imports  of
certain  refillable  pocket  flint  lighters  originating  in  the  People’s  Republic  of  China  or
consigned  from  or  originating  in  Taiwan  ,  falling  within  CN  code  ex  9613  20  90  (TARIC
codes  CN  9613  20  90  21  and(cid:3) 9613  20  90  29)  and  to  imports  of  non-refillable  lighters
consigned from Taiwan and falling within CN code 9613 10  00  (TARIC  code  CN  9613  10
00*(cid:20)(cid:20))  or  originating  in  Taiwan  and  falling  within  CN  code  9613  10  00  (TARIC  code  CN
9613 10 00*(cid:20)(cid:28)) are maintained.

Unless otherwise specified, the provisions in force concerning customs duties shall apply.

$UWLFOH(cid:3)(cid:22)

$UWLFOH(cid:3)(cid:23)

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the
2IILFLDO(cid:3)-RXUQDO(cid:3)RI(cid:3)WKH(cid:3)(XURSHDQ(cid:3)&RPPXQLWLHV.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

)RU(cid:3)WKH(cid:3)&RXQFLO
7KH(cid:3)3UHVLGHQW

20