Notice of initiation of an anti-dumping proceeding concerning imports of disposable gas-fuelled pocket lighters originating in the People's Republic of China, Indonesia, Malaysia and Vietnam and of the initiation of an interim review of the anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in the People's Republic of China or consigned from or originating in Taiwan and on imports of certain refillable pocket flint lighters originating in the People's Republic of China or consigned from or originating in Taiwan
Date: 2002-06-27
Institutions: European Commission
Subjects: anti-dumping duty, anti-dumping legislation, dumping, import, manufactured goods, third country

27.6.2002

EN

Official Journal of the European Communities

C 153/3

Notice of initiation of an anti-dumping proceeding concerning imports of disposable gas-fuelled
pocket lighters originating in the People's Republic of China, Indonesia, Malaysia and Vietnam and
of the initiation of an interim review of the anti-dumping duty on imports of gas-fuelled,
non-refillable pocket flint lighters originating in the People's Republic of China or consigned
from or originating in Taiwan and on imports of certain refillable pocket flint lighters originating
in the People's Republic of China or consigned from or originating in Taiwan

(2002/C 153/03)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Regulation (EC) No 2238/2000 (2)
(‘the Basic Regulation’),
alleging that imports of disposable gas-fuelled pocket lighters,
Indonesia,
originating in the People's Republic of China,
are being
concerned’),
and Vietnam (‘countries
Malaysia
dumped and are thereby causing material
injury to the
Community industry.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China,
Indonesia, Malaysia and Vietnam have increased overall
in
absolute terms and in terms of market share.

1. Complaint

Federation

lodged on 14 May 2002 by EFLM
The complaint was
(‘the
Lighter Manufacturers)
(European
complainant’) on behalf of producers representing a major
proportion,
total
Community production of disposable gas-fuelled pocket
lighters.

in this case more

than 90 % of

the

of

2. Product

The product allegedly being dumped is disposable gas-fuelled
pocket lighters, whether flint or piezo, with or without a refill
valve originating in the People's Republic of China, Indonesia,
Malaysia and Vietnam (‘the product concerned’), currently clas-
sifiable within CN codes 9613 10 00 and 9613 20 10 and
9613 20 90. These CN codes are only given for information.

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,
resulting
effects on the overall
adverse
performance,
situation and the employment
situation of the Community industry.

in substantial

the financial

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
the product
concerned originating in the People's Republic of China,
Indonesia, Malaysia and Vietnam is being dumped and
whether this dumping has caused injury.

determine whether

3. Allegation of dumping

The allegation of dumping for Indonesia and Malaysia is based
on a comparison of a constructed normal value with the export
price of the product concerned to the Community.

(a) Sampling

In view of provisions of Article 2(7) of the Basic Regulation,
the complainant established normal value for the People's
Republic of China and Vietnam on the basis of the price in
a market economy country, which is mentioned in point
5(1)(d) of this notice. The allegation of dumping is based on
a comparison of normal value, as set out in the preceding
sentence, with the export prices of the product concerned
when sold for export to the Community.

On this basis, the dumping margins calculated are significant.

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

In view of the apparent large number of parties involved in
this proceeding,
the Commission may decide to apply
sampling in accordance with Article 17 of the Basic Regu-
lation.

(i) Sampling for

exporters/producers

in the People's

Republic of China

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters/producers, or representatives acting on their
behalf, are hereby requested to make themselves
known by contacting the Commission and providing
the
company or
companies within the time limit set in point 6(b)(i)
of this notice:

following information on their

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Official Journal of the European Communities

27.6.2002

— name, address, e-mail address, telephone, and fax,

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

and/or telex numbers and contact person,

— the turnover in local currency and the volume in
units of the product concerned sold for export to
the Community during the period 1 April 2001 to
31 March 2002,

— if the company intends to submit a claim for an
individual margin or market economy status (indi-
vidual margins and market economy status can
only be claimed by producers),

— for companies claiming market economy status, the
turnover in local currency and the sales volume in
units for the product concerned on the domestic
market during the period 1 April 2001 to 31
March 2002,

— the precise activities of the company with regard to

the production of the product concerned,

— the names and the precise activities of all related
involved in the production and/or
the product

companies (1)
selling (export and/or domestic) of
concerned,

— the total turnover in euro of the company during
the period 1 April 2001 to 31 March 2002,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in units and value in euro of imports
into and resales made in the Community market
during the period 1 April 2001 to 31 March 2002
of the imported product concerned originating in
the People's Republic of China, Indonesia, Malaysia
and Vietnam,

— the names and the precise activities of all related
involved in the production and/or

companies (1)
selling of the product concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

— any other relevant information that would assist
the Commission in the selection of the sample,

— an indication of whether

company or
companies agree to their inclusion in the sample,
which implies replying to a questionnaire and
accepting an on-the-spot
their
response.

investigation of

the

— an indication of whether

company or
companies agree to their inclusion in the sample,
which implies replying to a questionnaire and
accepting an on-the-spot
their
response.

investigation of

the

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
in addition, contact the auth-
the Commission will,
orities of
the exporting country, and any known
associations of exporters/producers.

In order to obtain the information it deems necessary
the
for the selection of
Commission will,
in addition, contact any known
associations of importers.

the sample of

importers,

(ii) Sampling for importers

(iii) Final selection of the samples

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
on their company or companies within the time limit
set in point 6(b)(i) of this notice:

(1) For guidance on the meaning of related companies, please refer to
Article 143(1) of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

All interested parties wishing to submit any relevant
information regarding the selection of the sample must
in any event do so within the time limit set in point
6(b)(ii) of this notice.

samples

The Commission intends to make the final selection of
the
consulted the parties
concerned that have expressed their willingness to be
included in the sample.

after having

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Official Journal of the European Communities

C 153/5

Companies included in the samples must reply to a
questionnaire within the time limit
in point
6(b)(iii) of this notice and must cooperate within the
framework of the investigation.

set

information and supporting evidence has to reach the
Commission within the time limit set in point 6(a)(ii) of
this notice.

sufficient cooperation is not

If
the
Commission will base its findings, in accordance with
Articles 17(4) and 18 of the Basic Regulation, on the
facts available.

forthcoming,

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.

(b) Questionnaires

(d) Selection of the market economy country

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 sampled exporters/
producers
to the
exporters/producers in Indonesia, Malaysia and Vietnam,
to any association of exporters/producers, to the sampled
importers, to any association of importers named in the
complaint, and to the authorities of the exporting countries
concerned.

in the People's Republic of China,

In accordance with Article 2(7)(a) of the Basic Regulation, it
is envisaged to choose the Philippines as an appropriate
market economy country for the purpose of establishing
normal value in respect of the People's Republic of China
Interested parties are hereby invited to
and Vietnam.
comment on the appropriateness of
this choice within
the specific time limit set in point 6(c) of this notice.

(i) Exporters producers

in Indonesia, Malaysia

and

Vietnam

(e) Market economy status

such

should

contact

interested

All
the
parties
Commission forthwith by fax, but not later than the
time limit set out in point 6(a)(i) of this notice, in order
to find out whether they are listed in the complaint
if necessary, request a questionnaire, given that
and,
the time limit set
this notice
applies to all such interested parties.

in point 6(a)(ii) of

(ii) Exporters/producers claiming an individual margin in

the People's Republic of China

Exporters/producers in the People's Republic of China
claiming an individual margin, with a view to the
application of Articles 17(3) and 9(6) of the Basic Regu-
lation, must submit a completed questionnaire within
the time limit set in point 6(a)(ii) of this notice. They
therefore have to request a questionnaire within the
time limit set in point 6(a)(i) of this notice. However,
such parties should be aware that if sampling is applied
to
Commission may
exporters/producers,
nonetheless decide not
to calculate an individual
margin for them, if the number of exporters/producers
is so large that individual examination would be unduly
burdensome and would prevent the timely completion
of the investigation.

the

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
than questionnaire
known,
This
replies

information other

submit
to
and

supporting

evidence.

provide

that

they operate under market

For those exporters/producers in the People's Republic of
China and Vietnam which claim and provide sufficient
economy
evidence
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. Exporters/producers intending to submit
duly substantiated claims must do so within the specific
time limit set in point 6(d) of this notice. The Commission
will send claim forms to all exporters/producers in the
People's Republic of China who have
either been
included in the sample or who have requested an individual
margin as well as to the authorities of the People's Republic
of China.

5.2. Procedure for assessment of Community interest

this

their

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
be against
reason the
Community
representative
importers,
associations, representative users and representative consumer
organisations, provided that
there is an
and the product
objective
concerned, may, within the general time limits set in point
6(a)(ii) of this notice, make themselves known and provide
the Commission with information. The parties which have
acted in conformity with the precedent sentence may request
a hearing setting the particular reasons why they should be
heard within the time limit set
this
It should be noted that any information submitted
notice.
pursuant
if
to Article 21 will only be taken into account
supported by factual evidence at the time of submission.

in point 6(a)(iii) of

link between their

they prove that

activity

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Official Journal of the European Communities

27.6.2002

6. Time limits

(a) General time limits

(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date of
the notification of their inclusion in the sample.

(i) For parties to request a questionnaire or other claim

forms

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

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

(ii) For parties to make themselves known, to submit ques-

tionnaire replies and any other information

this notice,

Parties to the investigation may wish to comment on the
appropriateness of the Philippines which, as mentioned in
point 5(1)(d) of
is envisaged as a market-
economy country for the purpose of establishing normal
value in respect of the People's Republic of China and
Vietnam. 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.

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
European Communities, unless otherwise
specified.
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.

Companies selected in a sample must submit ques-
tionnaire replies within the time limits specified in
point 6(b)(iii) of this notice.

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

status

Duly substantiated claims for market economy status, as
mentioned in point 5(1)(e) of this notice, must reach the
Commission within 21 days of the date of the selection of
any sample or as determined by the Commission.

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.

(iii) Hearings

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

Commission address for correspondence:

(b) Specific time limit in respect of sampling

(i) The information specified in points 5(1)(a)(i) and
should reach the Commission
5(1)(a)(ii)
samples
this
the date of publication of
within 15 days of
notice
in the Official
European
Communities, given that
the Commission intends to
consult parties concerned that have expressed their
willingness to be included in the samples on its final
selection samples within a period of 21 days of the
publication of this notice in the Official Journal of the
European Communities.

Journal

the

of

(ii) All other information relevant for the selection of the
samples as referred to in 5(1)(a)(iii) must reach the
Commission within a period of 21 days of the publi-
cation of
the
European Communities.

this notice in the Official

Journal of

European Commission
Directorate-General for Trade
Office: J-79 — 5/16
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.

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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.

10. Review of existing measures

flint

lighters

Council Regulation (EC) No 1824/2001 (1) imposed a definitive
anti-dumping duty on imports of gas-fuelled, non-refillable
falling within CN code 9613 10 00
pocket
(TARIC code 9613 10 00*19) originating in the People's
Republic of China and maintained the anti-dumping duties
extended by Council Regulation (EC) No 192/1999 (2)
to
imports of certain refillable pocket flint lighters originating in
the People's Republic of China or consigned from or orig-
inating in Taiwan falling within CN code ex 9613 20 90

(1) OJ L 248, 18.9.2001, p. 1.
(2) OJ L 22, 29.1.1999, p. 1.

(TARIC codes 9613 20 90*21 and 9613 20 90*29) and to
imports of non-refillable lighters consigned from Taiwan and
falling within
code
9613 10 00*19) or originating in Taiwan and falling within
CN code 9613 10 00 (TARIC code 9613 10 00*19).

9613 10 00

CN code

(TARIC

Should it be determined that measures are to be imposed on
disposable gas-fuelled pocket lighters, whether flint or piezo,
with or without a refill valve originating in the People's
Republic of China in the proceeding initiated by the present
notice, the continued imposition of the measures imposed by
Regulation (EC) No 1824/2001 will be no longer appropriate,
and Regulation (EC) No 1824/2001 would have to be amended
or repealed accordingly. Therefore, an interim review should be
opened as regards Regulation (EC) No 1824/2001 in order to
allow any amendment or repeal necessary in the light of the
investigation initiated by the present notice.

Therefore, the Commission hereby initiates, pursuant to Article
11(3) of the Basic Regulation, an interim review of Regulation
(EC) No 1824/2001. The provisions set out in points 5, 6, 7
and 8 of the notice, apply mutatis mutandis to this interim
review.

Notice of initiation of an anti-dumping proceeding concerning imports of para-cresol originating in
the People's Republic of China

(2002/C 153/04)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Regulation (EC) No 2238/2000 (2)
(‘the Basic Regulation’),
imports of para-cresol, originating in the
alleging that
People's Republic of China (‘countries concerned’), are being
dumped and are thereby causing material
injury to the
Community industry.

1. Complaint

The complaint was lodged on 13 May 2002 by Degussa Knot-
tingley Ltd. (‘the complainant’) on behalf of the sole producer
in the Community representing 100 % of
the Community
production of para-cresol.

product concerned’), currently classifiable within CN code
ex 2907 12 00. This CN code is only given for information.

3. Allegation of dumping

the complainant established normal value for

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

concerned when sold for

export

2. Product

On this basis,
significant.

the alleged dumping margin calculated is

The product allegedly being dumped is para-cresol with a
minimum para-isomer, purity of 97 %, calculated on a net
dry basis, originating in the People's Republic of China (‘the

4. Allegation of injury

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

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China have
increased in absolute terms and in terms of market share.