Commission Regulation (EC) No 1733/2003 of 30 September 2003 initiating an investigation concerning the alleged circumvention of anti-dumping measures imposed by Council Regulation (EC) No 119/97 on imports of certain ring binder mechanisms originating in the People's Republic of China by imports of certain ring binder mechanisms consigned from Vietnam, whether declared as originating in Vietnam or not, and making such imports subject to registration
Date: 2003-09-30
Institutions: European Commission
Subjects: China, Viet Nam, anti-dumping measure, import, office supplies, originating product

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COMMISSION REGULATION (EC) No 1733/2003

of 30 September 2003

initiating an investigation concerning the alleged circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 119/97 on imports of certain ring binder mechanisms
originating in the People's Republic of China by imports of certain ring binder mechanisms
consigned from Vietnam, whether declared as originating in Vietnam or not, and making such
imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

C. EXISTING MEASURES

Having regard to the Treaty establishing the European
Community,

(6)

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),
(the basic
Regulation) and in particular Article 13(3) and Article 14(3)
and (5) thereof,

After having consulted the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. REQUEST

The Commission has received a request pursuant
to
Article 13(3) of the basic Regulation to investigate the
the anti-dumping measures
alleged circumvention of
imposed on imports of certain ring binder mechanisms
originating in the People's Republic of China.

The request was lodged on 18 August 2003 by SX Büro-
waren and Ringbuchtechnik Handelsgesellschaft GmbH
on behalf of producers
the
Community production of certain ring binder mechan-
isms.

representing 100 % of

B. PRODUCT

The product concerned by the allegation of circumven-
tion are certain ring binder mechanisms originating in
the People's Republic of China (the product concerned)
normally declared under CN code ex 8305 10 00. These
ring binder mechanisms consist of two rectangular steel
sheets or wires with at least four half-rings made of steel
wire fixed on it and which are kept together by a steel
cover. They can be opened either by pulling the half-
rings or by using a small steel-made trigger mechanism
fixed to the product concerned (‘certain ring binder
mechanisms’).

(7)

(8)

(9)

The measures currently in force and allegedly being
circumvented are anti-dumping measures imposed by
Council Regulation (EC) No 119/97 (3) as amended by
Regulation (EC) No 2100/2000 (4).

D. GROUNDS

The request contains sufficient evidence, that the anti-
dumping measures in force on imports of certain ring
binder mechanisms originating in the People's Republic
of China are being circumvented by means of tranship-
ment via Vietnam of certain ring binder mechanisms.

The request shows that a significant change in the
trade involving exports from the People's
pattern of
Republic of China and Vietnam to the Community has
taken place following the imposition of measures on the
product concerned, and that there is insufficient due
cause or justification other than the imposition of the
duty for such a change. This change in the pattern of
trade appears to stem from a transhipment of certain
ring binder mechanisms originating in the People's
Republic of China via Vietnam.

Furthermore,
the request contains sufficient evidence
that the remedial effects of the existing anti-dumping
measures on the product concerned are being under-
mined both in terms of quantity and price. Significant
volumes of imports of certain ring binder mechanisms
from Vietnam appear to have replaced imports of the
product concerned.
sufficient
In addition,
evidence that this increase in imports is made at prices
well below the non-injurious price established in the
investigation that led to the existing measures.

there

is

(10)

Finally, the request contains sufficient evidence that the
prices of certain ring binder mechanisms consigned from
Vietnam are dumped in relation to the normal value
previously established for the product concerned.

E. PROCEDURE

(4)

The product under investigation is certain ring binder
mechanisms consigned from Vietnam (the product under
investigation), normally declared under the same codes
as the product concerned.

(5)

The CN codes are given for information only.

(11)

In the light of the above, the Commission has concluded
that sufficient evidence exists to justify the initiation of
an investigation pursuant
the basic
Regulation and to make imports of ring binder mechan-
isms consigned from Vietnam, whether declared as origi-
nating in Vietnam or not, subject
in
to registration,
accordance with Article 14(5) of the basic Regulation.

to Article 13 of

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.

(3) OJ L 22, 24.1.1997, p. 1.
(4) OJ L 250, 5.10.2000, p. 1.

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(a) Questionnaires

F. REGISTRATION

(12)

(13)

In order to obtain the information it deems necessary
for its investigation, the Commission will send question-
naires to the exporters/producers in Vietnam, the expor-
ters/producers in the People's Republic of China and to
the importers in the Community known to the Commis-
sion or which cooperated in the investigation that led to
the existing measures and to the authorities of
the
People's Republic of China and Vietnam. Information, as
appropriate, may also be sought from the Community
industry.

interested parties should contact the
In any event, all
Commission forthwith, but not later than the time limit
set in Article 3 in order to find out whether they are
listed in the request and, if necessary, request a question-
naire within the time limit set in Article 3(1) of this
Regulation, given that the time limit set in Article 3(2)
of this Regulation applies to all interested parties.

(14)

The authorities of the People's Republic of China and
Vietnam will be notified of the initiation of the investiga-
tion and provided with a copy of the request.

(b) Collection of information and holding of hearings

(18)

to Article 14(5) of

Pursuant
the basic Regulation,
imports of the product under investigation should be
made subject to registration in order to ensure that,
should the investigation result in findings of circumven-
tion, anti-dumping duties of an appropriate amount can
be levied retroactively from the date of registration, of
such imports consigned from Vietnam.

G. TIME LIMITS

(19)

In the interest of sound administration,
should be stated within which:

time limits

— interested parties may make themselves known to
the Commission, present their views in writing and
submit questionnaire replies or any other informa-
tion to be taken into account during the investiga-
tion,

— interested parties may make a written request to be

heard by the Commission.

(20) 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 time limits
mentioned in Article 3 of this Regulation.

(15) All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence. Furthermore, the Commission may hear inter-
in
ested parties, provided that
writing and show that there are particular reasons why
they should be heard.

they make a request

(21)

(16)

(17)

(c) Exemption from registration of imports or measures

In accordance with Article 13(4) of the basic Regulation,
the product under investigation may be
imports of
exempted from registration or measures if the importa-
tion does not constitute circumvention.

The alleged circumvention takes place outside the
Community. Article 13 of the basic Regulation is aiming
at countering circumvention practices without affecting
operators which can prove that they are not involved in
such practices, but it does not contain a specific provi-
sion providing for the treatment of exporters which
could establish that they are not involved in circumven-
tion practices. Therefore, it appears necessary to intro-
duce a possibility for exporters concerned to request an
exemption from the registration of
their
exported products or from measures on these imports.
Exporters wishing to obtain an exemption should apply
for it and submit any requested questionnaire reply
within the appropriate time limits, in order for it to be
established that they are not circumventing the anti-
dumping duties within the meaning of Article 13(1) of
the basic Regulation. Importers could still benefit from
exemption from registration or measures to the extent
that their imports are from exporters which are granted
such an exemption, and in accordance with Article
13(4).

imports of

H. NON-COOPERATION

In cases in which any interested party refuses access to
or otherwise does not provide necessary information
within the time limits provided in this Regulation, 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 facts available. Resorting to the
in findings less
provisions of Article 18 may result
favourable to the party in question than if it had coop-
erated,

HAS ADOPTED THIS REGULATION:

Article 1

An investigation is hereby initiated pursuant to Article 13(3) of
Regulation (EC) No 384/96, in order to determine if imports
into the Community of certain ring binder mechanisms, falling
within CN code ex 8305 10 00 (TARIC codes 8305 10 00 11
and 8305 10 00 21), consigned from Vietnam, whether origi-
nating in Vietnam or not, are circumventing the measures
imposed by Council Regulation (EC) No 119/97 as
last
amended by Regulation (EC) No 2100/2000.

For the purpose of this Regulation, ring binder mechanisms
shall consist of two rectangular steel sheets or wires with at
least four half-rings made of steel wire fixed on it and which
are kept together by a steel cover. They can be opened either
by pulling the half-rings or with a small steel-made trigger
mechanism fixed to the ring binder mechanism.

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Article 2

The Customs authorities are hereby directed, pursuant to Arti-
cles 13(3) and 14(5) of Regulation (EC) No 384/96, to take the
appropriate steps to register the imports into the Community
identified in Article 1 of this Decision.

Registration shall expire nine months following the date of
entry into force of this Regulation.

The Commission, by Regulation, may direct Customs authori-
ties to cease registration in respect of imports into the Commu-
nity of products exported by exporters having applied for an
exemption of registration and having been found not to be
circumventing the anti-dumping duties.

Article 3

1.
Questionnaires should be requested from the Commission
within 15 days from publication of this Regulation in the Offi-
cial Journal of the European Union.

2.
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 in
writing and submit questionnaire replies or any other informa-

tion within 40 days from the date of the publication of this
Regulation in the Official Journal of the European Union, unless
otherwise specified.

Interested parties may also apply to be heard by the

3.
Commission within the same 40-day time limit.

4.
Any information relating to the matter, any request for a
hearing or for a questionnaire as well as any request for author-
isation of certificates of non-circumvention must be made in
writing (not in electronic format, unless otherwise specified),
must indicate the name, address, e-mail address, telephone, fax
and/or telephone numbers and should be sent to the following
address:

European Commission
Directorate General for Trade
Directorate B
J-79 5/16
B-1049 Brussels
Fax (32 2) 295 65 05
Telex COMEU B 21877.

Article 4

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

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

Done at Brussels, 30 September 2003.

For the Commission

Pascal LAMY

Member of the Commission