Council Regulation (EC) No 155/2003 of 27 January 2003 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: 2003-01-27
Institutions: Council of the European Union
Subjects: China, Taiwan, anti-dumping duty, import, manufactured goods, originating product

30.1.2003

EN

Official Journal of the European Communities

L 25/27

COUNCIL REGULATION (EC) No 155/2003

of 27 January 2003

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,

about the initiation of the 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.

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 Community (1) (basic
Regulation), and in particular Article 11(3) thereof,

(5)

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

Whereas:

as well

as Community producers

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

A. PROCEDURE

1. Measures in force

In September 2001, the Council, by Regulation (EC) No
1824/2001 (2),
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.

2. Initiation

On 13 June 2002, the Commission announced by a
notice (Notice of
Initiation) published in the Official
Journal of the European Communities (3) the initiation of a
partial
the anti-dumping measures
applicable to imports into the Community of gas-fuelled,
non-refillable pocket flint lighters originating in the PRC
and Taiwan.

interim review of

The review was initiated on an initiative of the Commis-
sion 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.

(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 1993 (4) laying down provisions for the
implementation of Council Regulation (EEC) No 2913/
92 establishing the Community Customs Code foresees,
for the determination of the customs value, an appor-
tioning 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 argu-
ments against this proposal.

3. Investigation

(10)

The Commission officially advised exporting producers,
the importers and the users known to be concerned and
their associations, the representatives of the exporting
countries concerned and the Community producers

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
the price actually paid or
circulation and,
the
payable is apportioned for the determination of
customs value, the specific duty shall be reduced by a
percentage which corresponds to the apportioning of
the price actually paid or payable,

therefore,

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).

(2) OJ L 248, 18.9.2001, p. 1.
(3) OJ C 140, 13.6.2002, p. 13.

(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 444/2002 (OJ L 68, 12.3.2002, p. 11).

(1)

(2)

(3)

(4)

L 25/28

EN

Official Journal of the European Communities

30.1.2003

HAS ADOPTED THIS REGULATION:

Article 1

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.

In Council Regulation (EC) No 1824/2001, Article 3 shall be
replaced by the following text:

2.
Unless otherwise specified,
concerning customs duties shall apply.’

the provisions in force

‘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-

Article 2

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

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

Done at Brussels, 27 January 2003.

For the Council

The President

G. PAPANDREOU