2003/645/EC: Commission Decision of 11 September 2003 terminating the anti-dumping proceedings concerning imports of disposable gas-fuelled pocket lighters originating in the People's Republic of China, Indonesia, Malaysia and Vietnam and terminating the 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: 2003-09-11
Institutions: European Commission
Subjects: China, Indonesia, Malaysia, Taiwan, Viet Nam, anti-dumping legislation, import, manufactured goods, originating product

12.9.2003

EN

Official Journal of the European Union

L 228/35

COMMISSION DECISION

of 11 September 2003

terminating the anti-dumping proceedings concerning imports of disposable gas-fuelled pocket
lighters originating in the People's Republic of China, Indonesia, Malaysia and Vietnam and termi-
nating the 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

(2003/645/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Community (1), as last
amended by Regulation (EC) No 1972/2002 (2), and in parti-
cular Article 9 and Article 11(3) thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. PROCEDURE

In 1991, the Council, by Regulation (EEC) No 3433/
91 (3),
imposed a definitive anti-dumping duty on
imports of gas-fuelled, non-refillable pocket flint lighters
originating in, inter alia, the People's Republic of China.

By Regulation (EC) No 192/1999 (4) the Council, further
to an investigation in accordance with Article 13 of
Council Regulation (EC) No 384/96 (the basic Regula-
tion), extended the above anti-dumping measure to: (a)
imports of gas-fuelled non-refillable pocket flint lighters
consigned from or originating in Taiwan; and (b)
imports of certain refillable lighters originating in the
People's Republic of China or consigned from or origi-
nating in Taiwan.

In 2001, Council Regulation (EC) No 1824/2001 (5),
imposed a definitive duty on gas fuelled non-refillable
pocket flint lighters falling within CN code 9613 10 00
(TARIC code 9613 10 00*19) originating in the People's
Republic of China and maintained the anti-dumping
duties extended by Regulation (EC) No 192/1999 to
imports of certain refillable pocket flint lighters origi-
nating in the People's Republic of China or consigned
from or originating in Taiwan falling within CN code
ex 9613 20 90 (TARIC codes 9613 20 90*21 and
9613 20 90*29) and to imports of non-refillable lighters
consigned from Taiwan and falling within CN code
9613 10 00 (TARIC code 9613 10 00*19) or originating
in Taiwan and falling within CN code 9613 10 00
(TARIC code 9613 10 00*19). These duties were
imposed further to an expiry review concerning the defi-
nitive anti-dumping measures imposed by Regulation

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 326, 28.11.1991, p. 1.
(4) OJ L 22, 29.1.1999, p. 1.
(5) OJ L 248, 18.9.2001, p. 1.

(4)

(5)

(6)

(7)

(EEC) No 3433/91 and extended by Regulation (EC) No
192/1999, in accordance with Article 11(2) of the basic
Regulation.

In 14 May 2002, the Commission received a complaint
concerning the alleged injurious dumping by imports of
disposable gas-fuelled pocket lighters, whether flint or
piezo, with or without a refill valve originating in the
Indonesia, Malaysia and
People's Republic of China,
Vietnam (disposable lighters).

The complaint was lodged by the European Federation
of Lighter Manufacturers (EFLM) acting on behalf of
Community producers
total
Community production of disposable lighters pursuant
to Articles 4(1) and 5(4) of the basic Regulation.

representing 90 % of

The complaint contained prima facie evidence of the
existence of dumping and of material
injury resulting
therefrom, which was considered sufficient to justify the
initiation of an anti-dumping proceeding in accordance
with Article 5 of the basic Regulation.

Regarding the definitive anti-dumping measures in force
against non-refillable flint lighters and certain refillable
lighters originating in the People's Republic of China or
consigned from or originating in Taiwan, the Commis-
sion considered that should it be determined that, on the
basis of the findings of the investigation initiated in
accordance with Article 5 of
the basic Regulation,
measures are to be imposed on disposable lighters origi-
nating in the People's Republic of China, the continued
imposition of the measures imposed by Regulation (EC)
No 1824/2001 would no longer be appropriate, and
Regulation (EC) No 1824/2001 would have to be
amended or repealed accordingly.
Indeed, should the
investigation have been formally concluded, one of the
imposition of
could have been the
consequences
measures on all disposable gas-fuelled pocket lighters,
i.e. refillable or non-refillable, piezo or flint originating
in the countries subject to the present investigation. On
the other hand, measures on refillable or non-refillable
flint
lighters originating in the People's Republic of
China were already in place, which could have led to
conflict with the new measures. Such conflict would
have been avoided by amending or repealing the existing
measures. Therefore, it was considered that a review in
accordance with Article 11(3) of the basic Regulation

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Official Journal of the European Union

12.9.2003

(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 under
Article 5 of the basic Regulation concerning all dispo-
sable lighters originating in the People's Republic of
China, Indonesia, Malaysia and Vietnam.

absence of dumping, this should be published accord-
ingly. This would prevent the Community industry to
lodge a new complaint in the near future.

(8)

(9)

(10)

(11)

(12)

an

anti-dumping

Accordingly, the Commission, after consultation of the
Advisory Committee, by a notice published in the Offi-
cial Journal of the European Communities (1), simultaneously
initiated
concerning
imports into the Community of disposable gas-fuelled
pocket lighters originating in the People's Republic of
China, Indonesia, Malaysia and Vietnam and an interim
review with regard to Regulation (EC) No 1824/2001.
Considering the above,
this interim
review was entirely of an ancillary nature.

the initiation of

proceeding

The Commission officially advised the exporting produ-
cers and importers known to be concerned, the repre-
sentatives of the exporting country, the representative
users and the complainant Community producers. Inter-
ested 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.

B. WITHDRAWAL OF THE COMPLAINT AND TERMINA-

TION OF THE PROCEEDING

By a letter of 14 July 2003 to the Commission, EFLM
formally withdrew its complaint.

In accordance with Article 9(1) of the basic Regulation,
the proceeding may be terminated where the complaint
is withdrawn, unless such termination would not be in
the Community interest.

The Commission considered that the present proceeding
should be terminated since the investigation had not
brought to light any considerations showing that such
termination would not be in the Community interest.
Interested parties were informed accordingly and were
given the opportunity to comment.

(13) One exporting producer from China claimed that the
Commission should continue its investigation despite the
withdrawal of the complaint and publish the relevant
In this
findings,
context, the exporting producer concerned argued that
he would have an interest in the continuation of the
investigation due to his cooperation throughout
the
proceeding and his efforts to show the absence of
dumping as far as his own exports are concerned.

regards dumping.

in particular as

(14)

The same exporting producer further claimed that it
should be avoided in future to initiate anti-dumping
the
proceedings. He alleged that
complaint would show that the complaint leading to this
investigation was unfounded. Therefore, this exporting
producer concluded that should there be a finding of

the withdrawal of

(1) OJ C 153, 27.6.2002, p. 3.

(15)

(16)

(17)

In the present case,

These claims had to be rejected.
In accordance with
Article 5(1) of the basic Regulation, an anti-dumping
investigation shall be initiated in each case the Commis-
sion has received a complaint containing merely suffi-
cient prima facie evidence of the existence of injurious
dumping.
it was found that the
complaint lodged by the Community industry was suffi-
ciently supported by prima facie evidence, consequently
the initiation of the present proceeding was fully justi-
fied. In accordance with Article 9(1) of the basic Regula-
tion an anti-dumping proceeding may be terminated in
case the complaint is withdrawn unless such termination
would not be in the Community interest. As mentioned
above in recital 12, however, there was no evidence or
information available
the
that
proceeding would not be in the Community interest.
When examining the Community interest, and in accor-
dance with Article 21 of the basic Regulation, the inter-
ests of
the exporting producers cannot be taken in
consideration. In this context it should be noted that no
comments were received from parties mentioned in
Article 21 of the basic Regulation, such as users, impor-
ters or consumers
such termination
indicating that
would not be in the Community interest. Therefore, it
was concluded that there was no reason to continue the
investigation, and accordingly, the proceeding should be
formal determinations concerning
terminated without
the existence or absence of dumping and injury nor any
other aspect of the investigation.

termination of

a

The same exporting producer claimed that the definitive
anti-dumping measures in force against non-refillable
flint lighters and certain refillable lighters originating in
the People's Republic of China or consigned from or
originating in Taiwan should be repealed in case of the
termination of
the
exporting producer concerned argued that the current
investigation covers the same like product and that
therefore the continuation of the definitive measures on
non-refillable flint lighters and certain refillable lighters
originating in the People's Republic of China or
consigned from or originating in Taiwan would be in
breach of Article 1(4) and 9(5) of the basic Regulation.

In this context,

the proceeding.

It should be noted that no formal conclusions have been
reached on any of the aspects investigated during the
current proceeding, including the investigation regarding
the product under consideration and the like product.
The evidence which had been submitted within the
leading to the initiation of
complaint
the present
proceeding,
including the information concerning the
product under consideration and the like product was
prima facie evidence, which was considered satisfying
for the initiation stage, but cannot suffice for, nor
predict, any final determination.

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Official Journal of the European Union

L 228/37

(18)

Furthermore, as mentioned above in recitals 7 and 8, the
interim review was merely ancillary to the investigation
initiated pursuant to Article 5 of the basic Regulation
and should allow to amend or repeal the anti-dumping
duty in force on imports of non-refillable flint lighters
and certain refillable lighters originating in the People's
Republic of China or consigned from or originating in
Taiwan, if appropriate, on the basis of the findings of
the investigation initiated pursuant to Article 5 of the
basic Regulation. As mentioned above in recitals 15 and
17, the current investigation did not lead to any formal
conclusions which would justify the amendment or
repeal of Regulation (EC) No 1824/2001 by which it
was found that dumped imports of flint lighters from
the People's Republic of China caused injury to the
Community industry. In accordance with Article 9(4) of
the basic Regulation, an anti-dumping duty shall be
imposed when it was finally established that there is
dumping and injury caused thereby, and that
the
Community interest calls for intervention. In accordance
with Article 11(3) of the basic Regulation, definitive
anti-dumping measures
amended or
repealed where circumstances with regard to dumping
and injury have changed significantly, which could not
be confirmed in the present proceeding. Consequently,
the
terminated without
amending or repealing the measures in force on imports
of non-refillable flint
lighters and certain refillable
lighters originating in the People's Republic of China or
consigned from or originating in Taiwan.

interim review should be

can only be

(19) Given the above, the Commission concludes that the
anti-dumping proceeding concerning imports into the
Community of disposable lighters originating in the
People's Republic of China,
Indonesia, Malaysia and
Vietnam should be terminated without the imposition of
anti-dumping measures.

(20)

The interim review should be terminated without
amending or repealing the measures in force on imports
of non-refillable flint
lighters and certain refillable
lighters originating in the People's Republic of China or
consigned from or originating in Taiwan given its ancil-
lary nature described in recitals 7 and 8 to the investiga-
tion initiated pursuant to Article 5 of the basic Regula-
tion,

HAS DECIDED AS FOLLOWS:

Sole Article

1.
The anti-dumping proceeding initiated pursuant to Article
5 of Council Regulation (EC) No 384/96 concerning imports of
disposable gas-fuelled pocket lighters originating in the People's
Republic of China, Indonesia, Malaysia and Vietnam is hereby
terminated.

The interim review of the anti-dumping duty on imports
2.
of gas-fuelled, non-refillable pocket flint lighters originating in
the People's Republic of China or consigned from or origi-
nating 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 initiated pursuant to
Article 11(3) of Council Regulation (EC) No 384/96 is hereby
terminated without amending the anti-dumping duty in force.

The definitive anti-dumping duties imposed by Regulation

3.
(EC) No 1824/2001 remain in force.

Done at Brussels, 11 September 2003.

For the Commission

Pascal LAMY

Member of the Commission