Commission Regulation (EC) No 2034/2003 of 19 November 2003 initiating a "new exporter" review of Council Regulation (EC) No 2605/2000 imposing definitive anti-dumping duties on imports of certain electronic weighing scales (REWS) originating, inter alia, in Taiwan, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2003-11-19
Institutions: European Commission
Subjects: Taiwan, anti-dumping duty, electronic device, import, measuring equipment, originating product

20.11.2003

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Official Journal of the European Union

L 302/3

COMMISSION REGULATION (EC) No 2034/2003

of 19 November 2003

initiating a ‘new exporter’ review of Council Regulation (EC) No 2605/2000 imposing definitive
anti-dumping duties on imports of certain electronic weighing scales (REWS) originating, inter alia,
in Taiwan, repealing the duty with regard to imports from one exporter in this country and
making these imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

D. GROUNDS FOR THE REVIEW

Having regard to the Treaty establishing the European
Community,

(4)

Having regard to Council Regulation (EC) No 384/96 (1) of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (the basic
Regulation), and in particular Article 11(4),

The applicant alleges that it did not export the product
concerned to the Community during the period of inves-
tigation on which the anti-dumping measures were
based,
i.e. the period from 1 September 1998 to 31
August 1999 (the original investigation period), and that
it is not related to any of the exporting producers of the
product concerned which are subject to the abovemen-
tioned anti-dumping measures.

After consulting the Advisory Committee,

Whereas:

(5)

The applicant further alleges that it has begun exporting
the product concerned to the Community after the end
of the original investigation period.

A. REQUEST FOR A REVIEW

E. PROCEDURE

(1)

(2)

(3)

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the basic
Regulation. The application was lodged by Charder Elec-
tronic Co., Ltd. (the applicant), an exporting producer in
Taiwan (the country concerned).

B. PRODUCT

The product under review is electronic weighing scales
having a maximum weighing capacity not exceeding
30 kg, for use in the retail trade which incorporate a
digital display of the weight, unit price and price to be
paid (whether or not including a means of printing this
data) originating in Taiwan (the product concerned),
ex 8423 81 50
normally declared within CN code
(TARIC code 8423 81 50 10). This CN code is given
only for information.

C. EXISTING MEASURES

The measures currently in force are definitive anti-
dumping duties imposed by Council Regulation (EC) No
2605/2000 (2) under which imports into the Community
of the product concerned originating in Taiwan, and
produced by the applicant, are subject to definitive anti-
dumping duties of 13,4 % with the exception of several
companies expressly mentioned which are subject
to
individual duty rates.

(1) 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).

(2) OJ L 301, 30.11.2000, p. 42.

(6)

(7)

Community producers known to be concerned have
been informed of the above application and have been
given an opportunity to comment. No comments have
been received.

Having examined the evidence available, the Commis-
sion concludes that there is sufficient evidence to justify
the initiation of a ‘new exporter’ review, pursuant to
Article 11(4) of the basic Regulation, with a view to
determine the applicant's individual margin of dumping
and, should dumping be found, the level of the duty to
which its imports of the product concerned into the
Community should be subject.

(a) Questionnaires

(8)

In order to obtain the information it deems necessary
for its investigation, the Commission will send a ques-
tionnaire to the applicant.

(b) Collection of information and holding of hearings

(9)

(10)

All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence.

the Commission may hear

Furthermore,
interested
parties, provided that they make a request in writing
there are particular reasons why they
showing that
should be heard.

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Official Journal of the European Union

20.11.2003

F. REPEAL OF THE DUTY IN FORCE AND REGISTRA-

TION OF IMPORTS

(11)

Pursuant to Article 11(4) of the basic Regulation, the
anti-dumping duties in force should be repealed with
regard to imports of the product concerned which are
produced by the applicant. At
the same time, such
imports should be made subject to registration in accor-
dance with Article 14(5) of the basic Regulation,
in
order to ensure that, should the review result in a deter-
mination of dumping in respect of the applicant, anti-
dumping duties can be levied retroactively from the date
of the initiation of this review. The amount of the appli-
cant's possible future liabilities cannot be estimated at
this stage of the proceeding.

G. TIME LIMITS

(12)

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 the replies to the questionnaire mentioned in
recital 8 of this Regulation or any other information
to be taken into account during the investigation,

— interested parties may make a written request to be

heard by the Commission.

H. NON-COOPERATION

(13)

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 inves-
tigation, findings, affirmative or negative, may be made
in accordance with Article 18 of the basic Regulation,
on the basis of the facts available.

(14) 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.
If an interested party does not cooperate or cooperates
only partially, the result may be less favourable to the
party than if it had cooperated,

HAS ADOPTED THIS REGULATION:

Article 1

A review of Council Regulation (EC) No 2605/2000 is hereby
initiated pursuant to Article 11(4) of Council Regulation (EC)
No 384/96 in order to determine if and to what extent the
imports of electronic weighing scales having a maximum
weighing capacity not exceeding 30 kg, for use in the retail
trade which incorporate a digital display of the weight, unit
price and price to be paid (whether or not including a means
of printing this data) falling within CN code ex 8423 81 50

(TARIC code 8423 81 50 10) originating in Taiwan, produced
by Charder Electronic Co., Ltd. should be subject to the anti-
dumping duties imposed by Council Regulation (EC) No 2605/
2000.

Article 2

The anti-dumping duties imposed by Council Regulation (EC)
No 2605/2000 are hereby repealed with regard to the imports
identified in Article 1 of the present Regulation (TARIC addi-
tional code A499).

Article 3

The customs authorities are hereby directed, pursuant to Article
14(5) of Council Regulation (EC) No 384/96, to take the appro-
priate steps to register the imports identified in Article 1 of this
Regulation. Registration shall expire nine months following the
date of entry into force of this Regulation.

Article 4

1.
Interested parties, if their representations are to be taken
into account during the investigation, must make themselves
known to the Commission, present their views in writing and
submit the replies to the questionnaire mentioned in recital 8
of this Regulation or any other information, unless otherwise
specified, within 40 days of the entry into force of this Regula-
tion. Attention is drawn to the fact that the exercise of most
procedural rights set out in Council Regulation (EC) No 384/96
depends on the party's making itself known within the afore-
mentioned period.

Interested parties may also apply in writing to be heard by the
Commission within the same 40-day time limit.

2.
All submissions and requests made by interested parties
must be made in writing (not in electronic format, unless other-
wise specified), and must indicate the name, address, e-mail
address, telephone and fax, and/or telex number of the inter-
ested party. All written submissions, including the information
requested in this notice, questionnaire replies and correspon-
dence provided by interested parties on a confidential basis
shall be labeled as ‘Limited’ (1) and, in accordance with Article
19(2) of Council Regulation (EC) No 384/96, shall be accompa-
nied by a non-confidential version, which will be labeled ‘FOR
INSPECTION BY INTERESTED PARTIES’.

Any information relating to the matter, any request
hearing should be sent to the following address:

for a

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.

(1) This means that

the document

is for internal use only.

the European Parliament and of

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of
(OJ L 145,
31.5.2001, p. 43). It is a confidential document pursuant to Article
19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1)
and Article 6 of the WTO Agreement on Implementation of Article
VI of the GATT 1994 (Anti-dumping Agreement).

the Council

It

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Official Journal of the European Union

L 302/5

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

Article 5

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

Done at Brussels, 19 November 2003.

For the Commission

Pascal LAMY

Member of the Commission