2004/234/EC: Commission Decision of 9 March 2004 terminating the reinvestigation pursuant to Article 12 of Council Regulation (EC) No 384/96 of the anti-dumping measures applicable to imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China
Date: 2004-03-09
Institutions: European Commission
Subjects: China, anti-dumping measure, import, lighting equipment, originating product

10.3.2004

EN

Official Journal of the European Union

L 71/35

COMMISSION DECISION

of 9 March 2004

terminating the reinvestigation pursuant to Article 12 of Council Regulation (EC) No 384/96 of the
anti-dumping measures applicable to imports of integrated electronic compact fluorescent lamps
(CFL-i) originating in the People's Republic of China

(2004/234/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)
(the
basic Regulation), as last amended by Regulation (EC) No
1972/2002 (2), and in particular Article 12 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

(5)

A. PROCEDURE

On 26 August 2002, the Commission received a request
to investigate whether
anti-dumping measures
the
imposed on integrated electronic compact fluorescent
lamps (CFL-i) originating in the People's Republic of
China have had an effect on resale prices or subsequent
selling prices of the product concerned in the Com-
munity.

The request was
lodged by the Establishing Legal
Lighting Competition (E2LC) Federation (the applicant)
on behalf of producers in the Community representing
more than 90 % of the total Community production of
the product concerned.

The request contained prima facie evidence showing that
the anti-dumping duties imposed on CFL-i originating in
the People's Republic of China had not led to any move-
ment or sufficient movement in resale prices or subse-
quent selling prices in the Community.

after

consultation, by a notice
The Commission,
published in the Official Journal of the European Commu-
nities (3), accordingly initiated an absorption reinvestiga-
tion concerning imports into the Community of the
product concerned, currently classifiable within CN code
ex 8539 31 90 and originating in the People's Republic
of China pursuant to Article 12 of the basic Regulation.

The Commission officially advised the exporting produ-
cers and importers known to be concerned, the repre-
sentatives of the exporting country, and the Community
producers. Interested parties were given the opportunity

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ C 244, 10.10.2002, p. 2.

to make their views known in writing and to request a
hearing within the time limit set out in the notice of
initiation.

(6)

(7)

(8)

(9)

B. WITHDRAWAL OF THE REQUEST AND TERMINA-

TION OF THE REINVESTIGATION

By a letter of 21 November 2003 to the Commission,
the applicant formally withdrew its request.

In its withdrawal letter the applicant stressed, inter alia,
that emphasis and priority should be given to those
that have illegally taken place by
imports of CFL-i
violating the Community customs law, the international
trade law and are otherwise in conflict with acceptable
trade practices rather than on imports for which normal
customs procedures have been fulfilled, on which anti-
dumping duties have been paid and which apparently
imports of Chinese CFL-i
represent a minority of
It
entering the Community.
the
further stressed that
extent and impudence of
fraud is so alarming that
priority should be given, in cooperation with the Com-
munity and Member State authorities, to tackle illegal
trade practices which disrupt the Community market.
The applicant also pointed to various anti-fraud investi-
gations which had been successfully carried out in some
Member States.

The reinvestigation may be terminated where the request
is withdrawn, unless such termination would not be in
the Community interest.

The Commission considered that the present reinvestiga-
tion 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. No
comments were received indicating that such termina-
tion would not be in the Community interest. However,
some importers submitted that fraudulent trade practices
are indeed distorting the competition and that necessary
measures should be taken to fight
these fraudulent
practices.

(10)

The Commission therefore concludes that the absorption
reinvestigation concerning imports into the Community
of the product concerned originating in the People's
Republic of China should be terminated,

L 71/36

EN

Official Journal of the European Union

10.3.2004

HAS ADOPTED THIS DECISION:

Article 2

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

Article 1

Done at Brussels, 9 March 2004.

The reinvestigation pursuant to Article 12 of Regulation (EC)
No 384/96 of the anti-dumping measures applicable to imports
of
lamps (CFL-i)
originating in the People's Republic of China, is hereby termi-
nated.

integrated electronic compact

fluorescent

For the Commission

Pascal LAMY

Member of the Commission