Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain ring binder mechanisms originating in the People's Republic of China
Date: 2002-01-24
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, office supplies, originating product

24.1.2002

EN

Official Journal of the European Communities

C 21/25

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
certain ring binder mechanisms originating in the People’s Republic of China

(2002/C 21/08)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of certain ring
binder mechanisms ((cid:145)RBM(cid:146)) originating in the People’s Republic
of China ((cid:145)country concerned(cid:146)), the Commission has received a
request for a review pursuant to Article 11(2) of Council Regu-
lation (EC) No 384/96 (2), as last amended by Regulation (EC)
No 2238/2000 (3) ((cid:145)the basic Regulation(cid:146)).

1. Request for review

The request was lodged on 24 October 2001 by the following
Community producers: Koloman Handler AG and Krause Ring-
buchtechnik GmbH ((cid:145)the complainants(cid:146)) representing a major
proportion,
the total
in this case more than 80 %, of
Community production of
ring binder mechanisms. This
request did not concern the other country mentioned in the
notice of impending expiry, Malaysia.

2. Product

The product under review is RBM originating in the People’s
Republic of China. They consist of two rectangular steel sheets
or wires with at least four 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 by using a small
steel-made trigger mechanism fixed to the RBM ((cid:145)the product
concerned(cid:146)). RBM are currently classifiable within CN code
ex 8305 10 00. This CN code is given only for information.

3. Existing measures

The measures currently in force on the product concerned are
a definitive anti-dumping duty imposed by Council Regulation
(EC) No 119/97 (4), as amended by Regulation (EC) No
2100/2000 (5).

4. Grounds for the review

is based on the grounds that

the expiry of
The request
measures would be likely to result
in a continuation or
recurrence of dumping and injury to the Community industry.

In view of the provisions of Article 2(7) of the Basic Regu-
lation, the applicant established normal value for the People’s
Republic of China on the basis of the price in an appropriate
market economy country, which is mentioned in point 5(1)(c)
of this notice. The allegation of continuation of dumping is
based on a comparison of normal value, as set out in the
preceding sentence, with the export price of
the product
concerned to the Community.

(1) OJ C 122, 25.4.2001, p. 2.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 257, 11.10.2000, p. 2.
(4) OJ L 22, 24.1.1997, p. 1.
(5) OJ L 250, 5.10.2000, p. 1.

On this basis, the dumping margin calculated is significant.

The applicant has provided evidence that
the
product concerned from the People’s Republic of China have
continued to enter the Community in significant quantities.

imports of

The fact that the penetration of the Community market by
Chinese imports of
significant quantities and at dumped
prices continued during the period of imposition of measures
implies that, in all likelihood, it would continue or recur should
measures expire.

Furthermore, the applicant points out that during the period of
imposition of measures, the exporters/producers of the product
concerned from the People’s Republic of China undermined the
remedial
existing measures via absorption
practices, as set out in Council Regulation (EC) No 2100/2000.

effect of

the

imports of

the penetration of

Concerning injury aspects, the applicant alleges that, despite
the measures in force,
the
product concerned in significant quantities has contributed to
the fragility of the state of the Community industry, as shown
by the drop in the market share held by the Community
industry, and the adverse effects on the overall performance
and the financial
the Community industry.
increased import volumes at dumped prices
Constant or
would, in all likelihood result in a further material deterioration
of
the measures were to be
removed.

the industry,

the state of

situation of

if

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) of the Basic Regulation.

5.1. Procedure

for

the determination of

likelihood of

dumping and injury

The investigation will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury.

(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 the People’s Republic of China to any association of
exporters/producers, to the importers, to any association
of importers named in the request or which cooperated
in the investigation leading to the measures subject to the
present review, and to the authorities of
the exporting
country concerned.

C 21/26

EN

Official Journal of the European Communities

24.1.2002

In any event, all parties should contact the Commission
forthwith by fax in order to find out whether they are
listed in the request and,
if necessary, request a ques-
tionnaire within the time limit set in point 6(a)(i), given
this notice
the time limit set
that
applies to all interested parties.

in point 6(a)(ii) of

(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 must reach the Commission within the
time limit set in point 6(a)(ii) 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(a)(iii) of
this notice.

(c) Selection of the market economy country

The Commission envisages to use India as an appropriate
market economy country for the purpose of establishing
normal value in respect of the People’s Republic of China
in accordance with Article 2(7) of the basic Regulation.
Interested parties are hereby invited to comment on the
appropriateness of this country within the specific time
limit set in point 6(b) of this notice.

5.2. Procedure for the assessment of Community interest

this

industry,

the Community interest. For

In accordance with Article 21 of the basic Regulation and in
the event that the likelihood of a continuation or recurrence of
dumping and injury is confirmed, a decision will be reached as
to whether to maintain the 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 general time limits set in points
6(a)(ii) and 6(a)(iii) of this notice, make themselves known and
provide the Commission with information and request a
hearing. It should be noted that any information submitted
if
pursuant
supported by factual evidence at the time of submission.

to Article 21 will only be taken into account

link between their

they prove that

activity

their

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All
interested parties who did not cooperate in the
investigation leading to the measures subject to the
present review should request a questionnaire as soon
as possible, but not later than 15 days after the publi-
cation of
the
European Communities.

this notice in the Official

Journal of

(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 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
specified.
European Communities, unless otherwise
Attention is drawn to the fact that
the exercise of
most procedural rights set out in the basic Regulation
depends on the party’s making itself known within the
aforementioned period.

(iii) Hearings

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

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

Parties to the investigation may wish to comment on the
India which, as mentioned in point
appropriateness of
5(1)(c) of this notice,
is envisaged as a market-economy
country for the purpose of establishing normal value in
respect of
People’s Republic of China. These
comments must reach the Commission within 10 days of
the date of publication of this notice in the Official Journal
of the European Communities.

the

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.

Commission address for correspondence:

European Commission
Directorate-General for Trade
Directorates B and C
TERV (cid:151) 0/13
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
otherwise does not provide the necessary information within
the time limits, 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.