Notice of initiation of a reinvestigation pursuant to Article 12 of Council Regulation (EC) No 384/96 of the anti-dumping measures applicable to imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China
Date: 2002-10-10
Institutions: European Commission
Subjects: China, anti-dumping legislation, anti-dumping measure, import, lighting equipment, originating product

C 244/2

EN

Official Journal of the European Communities

10.10.2002

Notice of initiation of a reinvestigation pursuant to Article 12 of Council Regulation (EC) No
384/96 of the anti-dumping measures applicable to imports of integrated electronic compact
fluorescent lamps (CFL-i) originating in the People's Republic of China

(2002/C 244/02)

The Commission has received a request pursuant to Article 12
of Council Regulation (EC) No 384/96 (1), as last amended by
Regulation (EC) No 2238/2000 (2) (‘the Basic Regulation’), to
investigate whether the anti-dumping measures imposed on
imports of
lamps
(CFL-i) originating in the People's Republic of China have
had an effect on resale prices or subsequent selling prices in
the Community.

integrated electronic compact

fluorescent

1. Request for review

Lighting

Competition

The request was lodged on 26 August 2002 by the Establishing
(‘the
Legal
applicant’), on behalf of producers in the Community repre-
senting a major proportion, in this case more than 90 % of the
total Community production of integrated electronic compact
fluorescent lamps (CFL-i).

Federation

(E 2 L C)

2. Product

The product concerned is electronic compact
fluorescent
discharge lamps with one or more glass tubes, with all
lighting elements and electronic components fixed to the
lamp foot or integrated in the lamp foot, originating in the
People's Republic of China, currently classifiable within CN
is given only for
code
information.

ex 8539 31 90. This CN code

justify the initiation of an investigation,
the Commission
hereby initiates a reinvestigation in respect of integrated elec-
tronic compact fluorescent lamps (CFL-i) originating in the
the
People's Republic of China, pursuant
Basic Regulation.

to Article 12 of

(a) Sampling for importers

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

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

the

— name, address, e-mail address,

telephone, and fax,

and/or telex numbers and contact person,

— the total turnover in euro of the company during the

period 1 July 2001 to 30 June 2002,

3. Existing measures

— the total number of employees,

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 1470/2001 (3).

4. Grounds for the reinvestigation

The applicant has submitted sufficient evidence showing that
the anti-dumping duties
imposed on integrated electronic
compact fluorescent lamps (CFL-i) originating in the People's
Republic of China have not led to any movement or sufficient
movement in resale prices or subsequent selling prices in the
Community.
In fact, the evidence contained in the request
shows that export prices and resale prices in the Community
of the product concerned have decreased significantly since the
imposition of
in
increased dumping which has impeded the intended remedial
effects of the measures in force.

anti-dumping measures,

resulting

the

5. Procedure

Having determined, after consulting the Advisory Committee,
that
the
the request has been lodged by or on behalf of
Community industry and that there is sufficient evidence to

— 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 July 2001 to 30 June 2002 of the imported
product concerned originating in the People's Republic
of China,

— the names and the precise activities of all

related
involved in the production and/or

companies (4)
selling of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether the company or companies
agree to their inclusion in the sample, which implies
replying
an
on-the-spot investigation of their response.

questionnaire

accepting

and

to

a

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 195, 19.7.2001, p. 8.

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

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

in addition,

Final selection of the sample

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

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

Importers included in the sample must reply to a ques-
tionnaire within the time limit set in point 6(b)(iii) of this
notice and must cooperate within the framework of the
investigation.

sufficient

cooperation

If
not
Commission will base its findings,
Articles 17(4) and 18 of
facts available.

forthcoming,

the
in accordance with
the Basic Regulation, on the

is

(b) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
all the exporting producers in the People's Republic of
China, which cooperated in the original
investigation
leading to the measures subject to the present reinvesti-
gation, to any association of exporters/producers, to the
sampled importers, to any association of importers named
in the request or which cooperated in the investigation
leading to the measures subject to the present reinvesti-
gation, and to the authorities of the exporting country
concerned.

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.

6. Time limits

(a) General time limits

(i) 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 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

to Article 12(5) of

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
including any information
or any other information,
the basic Regulation,
pursuant
this
within 40 days of
notice
in
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.

the date of publication of

the Official

Journal

the

of

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

Information, where appropriate, will also be sought from
Community producers.

(iii) Hearings

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)(i) of this notice in order to find out whether
they are listed in the request and, if necessary, request a
questionnaire, given that, with the exception of importers,
the time limit set in point 6(a)(ii) of this notice applies to all
other interested parties.

(c) 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

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

(b) Specific time limit in respect of sampling

this notice in the Official

(i) The information specified in point 5(a) should reach
the Commission within 15 days of the date of publi-
cation of
Journal of
the
the Commission
European Communities, given that
concerned that have
intends
expressed their willingness
to be included in the
sample on its final selection within a period of 21
days of the publication of this notice in the Official
Journal of the European Communities.

to consult parties

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(ii) All other information relevant for the selection of the
sample as referred to in point 5(a)(i) 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
Office: J 79 — 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877.

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

8. Non-cooperation

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:

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.