Proposal for a Council Regulation amending the anti-dumping measures imposed by Council Regulation (EC) No 1824/2001 on imports of gas-fuelled, non-refillable pocket flint lighters originating in the People's Republic of China and Taiwan
Date: 2003-01-16
Institutions: European Commission
Subjects: China, Taiwan, anti-dumping legislation, anti-dumping measure, import (EU), manufactured goods

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.1.2003
COM(2003) 9 final

Proposal for a

COUNCIL REGULATION

amending the anti-dumping measures imposed by Council Regulation (EC) No
1824/2001 on imports of gas-fuelled, non-refillable pocket flint lighters originating in the
People’s Republic of China and Taiwan

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 13 June 2002 a partial interim review limited to the form of the measure was initiated with
regard to anti-dumping measures imposed by Council Regulation (EC) No 1824/2001 on
imports into the Community of gas-fuelled, non-refillable pocket flint lighters originating in
the People’s Republic of China and Taiwan.

The attached proposal for a Council Regulation is based on the findings of the investigation
with regard to the need to foresee in the operative part of Council Regulation (EC) No
1824/2001 a clause for damaged goods.

It is therefore proposed that the Council adopt the attached proposal for a Council Regulation
which should be published in the Official Journal of the European Communities as soon as
possible.

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Proposal for a

COUNCIL REGULATION

amending the anti-dumping measures imposed by Council Regulation (EC) No
1824/2001 on imports of gas-fuelled, non-refillable pocket flint lighters originating in the
People’s Republic of China and Taiwan

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 (“basic
Regulation”), and in particular Article 11(3) thereof,

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

Whereas:

1.

(1)

2.

(2)

(3)

1

2

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A. PROCEDURE

Measures in force

the Council, by Regulation (EC) No 1824/20012,

In September 2001,
imposed
definitive anti-dumping duties on imports of gas-fuelled, non-refillable pocket flint
lighters originating in the People’s Republic of China (the “PRC”) and Taiwan. The
duties took the form of a specific duty.

Initiation

On 13 June 2002, the Commission announced by a notice (“Notice of Initiation”)
published in the Official Journal of the European Communities3 the initiation of a
partial interim review of the anti-dumping measures applicable to imports into the
Community of gas-fuelled, non-refillable pocket flint lighters originating in the PRC
and Taiwan.

The review was initiated on an initiative of the Commission in order to examine the
appropriateness of the measures in force. The current measure, i.e. a duty in the form
of a specific duty, does not cater for situations in which imported goods have been
damaged before entry into free circulation.

OJ L 56, 6.3.1996, p. 1, as last amended by Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).
OJ L 248, 18.9.2001, p. 1.
OJ C 140, 13.6.2002, p. 13.

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3.

(4)

(5)

Investigation

The Commission officially advised exporting producers, the importers and the users
known to be concerned and their associations, the representatives of the exporting
the initiation of the
countries concerned and the Community producers about
proceeding. Interested parties were given the opportunity to make their views known
in writing and to request a hearing within the time limit set out in the Notice of
Initiation.

A number of exporting producers in the countries concerned, as well as Community
producers and Community importers/traders made their views known in writing. All
parties who so requested within the set above time limit and who demonstrated that
there were particular reasons why they should be heard were granted the opportunity
to be heard.

(6)

The Commission sought and verified all the information it deemed necessary for the
purpose of a determination of the appropriateness of the measures in force.

B. RESULTS OF THE INVESTIGATION

(7)

(8)

Article 145 of Commission Regulation (EEC) No 2454/93 of 2 July 19934 laying
down provisions for the implementation of the Community Customs Code5 foresees,
for the determination of the customs value, an apportioning of the price actually paid
or payable in situations where goods have been damaged before entry into free
circulation.

In order to avoid that an excessive amount of anti-dumping duty is levied, the specific
duty should, in case of damaged goods, be reduced by a percentage which corresponds
to the apportioning of the price actually paid or payable. According to the well-
established rules set out by the Community Customs Code, the customs value is
reduced by a percentage which corresponds to the apportioning of the price actually
paid or payable.

(9)

No interested party submitted any comments or arguments against this proposal.

(10)

It is therefore concluded that in the absence of any substantiated argument from
interested parties, in cases where goods have been damaged before entry into free
circulation and, therefore, the price actually paid or payable is apportioned for the
determination of the customs value, the specific duty shall be reduced by a percentage
which corresponds to the apportioning of the price actually paid or payable,

HAS ADOPTED THIS REGULATION:

In Council Regulation (EC) 1824/2001, Article 3 shall be replaced by:

Article 1

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5

OJ L 253, 11.10.1993, p. 1, as last amended by Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002, p.
11).
Council Regulation (EEC) No 2913/92 (OJ L 302, 19.10.1992, p. 1).

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“Article 3

1.
In cases where goods have been damaged before entry into free circulation and,
therefore, the price actually paid or payable is apportioned for the determination of the
customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93, the
amount of the anti-dumping duty, calculated on the basis of the amounts set above, shall be
reduced by a percentage which corresponds to the apportioning of the price actually paid or
payable.

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

2.
apply.”

Article 2

This Regulation shall enter into force on the day following that of its publication in the
Official Journal of the European Communities.

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

Done at Brussels,

For the Council
The President

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