Commission Regulation (EC) No 844/2004 of 28 April 2004 initiating an investigation concerning the possible 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 Thailand, whether declared as originating in Thailand or not and making such imports subject to registration
Date: 2004-04-28
Institutions: European Commission
Subjects: China, Thailand, anti-dumping measure, import, originating product

29.4.2004

EN

Official Journal of the European Union

L 127/67

COMMISSION REGULATION (EC) No 844/2004

of 28 April 2004

initiating an investigation concerning the possible 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 Thailand, whether declared as originating in Thailand or not and making such
imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

The evidence available is as follows:

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 Council Regulation (EC) No 461/2004 (2)
(‘the
basic Regulation’), and in particular Articles 13(3) and 14(5)
thereof,

After having consulted the Advisory Committee,

Whereas:

The Commission has decided, pursuant to Article 13(3) of the
basic Regulation to investigate on its own initiative the possible
circumvention of
the anti-dumping measures imposed on
imports of certain ring binder mechanisms originating in the
People's Republic of China (‘China’).

A. PRODUCT

The product concerned by the possible circumvention is certain
ring binder mechanisms, normally declared under CN code
ex 8305 10 00 (‘the product concerned’) originating in China.
This CN code is given for information only.

The product under investigation is certain ring binder mechan-
isms consigned from Thailand (the product under investigation)
normally declared under
the product
concerned originating in China.

the same codes as

B. EXISTING MEASURES

The measures currently in force and possibly being circum-
vented are anti-dumping measures imposed by Council Regu-
lation (EC) No 119/97 (3) as last amended by Regulation (EC)
No 2100/2000 (4).

investigation have

A significant change in the pattern of trade involving exports
from China and Thailand to the Community has taken place
following the imposition of measures on imports of certain
ring binder mechanisms originating in China. Imports of the
product under
increased substantially,
whereas imports of certain ring binder mechanisms originating
in China have decreased following the imposition of measures,
and there appears to be 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 tranship-
ment via Thailand of certain ring binder mechanisms origin-
ating in China.

Furthermore, the evidence points to the fact that the remedial
effects of the existing anti-dumping measures on imports of
certain ring binder mechanisms originating in China are being
undermined in terms of quantity. Significant volumes of
imports of the product concerned from Thailand appear to
have replaced imports of certain ring binder mechanisms
originating in China.

Finally, the Commission has sufficient prima facie evidence at
its disposal that the prices of the product under investigation
are dumped in relation to the normal value previously estab-
lished for certain ring binder mechanisms originating in China.

Should circumvention practices via Thailand covered by Article
13 of the basic Regulation other than transhipment be identi-
fied in the course of the investigation, the investigation may
cover these practices also.

C. GROUNDS

D. PROCEDURE

The Commission has at
its disposal sufficient prima facie
evidence that the anti-dumping measures on imports of certain
ring binder mechanisms originating in China are being circum-
vented by means of transhipment via Thailand of certain ring
binder mechanisms.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 77, 13.3.2004, p. 12.
(3) OJ L 22, 24.1.1997, p. 1.
(4) OJ L 250, 5.10.2000, p. 1.

In the light of the above, the Commission has concluded that
sufficient evidence exists to justify the initiation of an investiga-
tion pursuant to Article 13 of the basic Regulation and to
make imports of certain ring binder mechanisms consigned
from Thailand, whether declared as originating in Thailand or
not, subject to registration, in accordance with Article 14(5) of
the basic Regulation.

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Official Journal of the European Union

29.4.2004

a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the exporters/producers and to the associations of expor-
ters/producers in Thailand, the exporters/producers and to
the associations of exporters/producers in China,
to the
importers and to the associations of importers in the Com-
munity which cooperated in the investigation that lead to
the existing measures and to the authorities of China and
Thailand. Information, as appropriate, may also be sought
from the Community industry.

interested parties should contact

In any event all
the
Commission forthwith, but not later than the time limit set
in Article 3 of this Regulation and, if necessary, request a
questionnaire 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.

The authorities of China and Thailand will be notified of the
initiation of the investigation.

b) Collection of information and holding of hearings

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

— producers in Thailand may request exemption from regis-

tration of imports or measures;

— interested parties may make a written request to be heard

by the Commission.

Attention is drawn to the fact that the exercise of most proce-
dural 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.

G. NON-COOPERATION

In cases in which any interested party refuses access to or
otherwise does not provide necessary information within the
time limits, or significantly impedes the investigation, provi-
sional 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 informa-
tion shall be disregarded and use may be made, in accordance
with Article 18 of the basic Regulation, of facts available. If an
interested party does not cooperate or cooperates only partially,
and findings are therefore based on facts available in accord-
ance with Article 18 of the basic Regulation, the result may be
less favourable to the party than if it had cooperated,

c) Exemption from registration of imports or measures

HAS ADOPTED THIS REGULATION:

In accordance with Article 13(4) of the basic Regulation,
since the possible circumvention takes place outside the
Community, exemptions may be granted to producers of
the product concerned in Thailand that can show that they
are not related to any producer subject to the measures and
that are found not to be engaged in circumvention practices
as defined in Article 13(1) and 13(2) of the basic Regu-
lation. Producers wishing to obtain an exemption should
submit a request duly supported by evidence within the
time limit indicated in Article 3(3) of this Regulation.

E. REGISTRATION

Pursuant to Article 14(5) of 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 circumvention, anti-dumping duties of an
appropriate amount can be levied retroactively from the date of
the registration of such imports consigned from Thailand.

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 12
and 8305 10 00 22), consigned from Thailand, whether origin-
ating in Thailand 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.

F. TIME LIMITS

Article 2

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

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

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 Regulation.

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

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Official Journal of the European Union

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The Commission, by Regulation, may direct Customs authori-
ties to cease registration in respect of imports into the Com-
munity of products manufactured by producers 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.

If

their representations are to be taken into account
2.
interested parties must make them-
during the investigation,
selves known by contacting the Commission, present
their
views in writing and submit questionnaire replies or any other
information within 40 days from the date of the publication of
this Regulation in the Official Journal of the European Union,
unless otherwise specified.

3.
Producers in Thailand requesting exemption from regis-
tration of imports or measures should submit a request duly
supported by evidence within the same 40 day time limit.

Any information relating to the matter, any request for a
5.
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)
and must indicate the name, address, e-mail address, telephone,
fax and/or telex numbers of the interested party. All written
submissions, including the information requested in this Regu-
lation, questionnaire replies and correspondence provided by
interested parties on a confidential basis shall be labelled as
‘Limited’ (1) and, in accordance with Article 19(2) of the basic
accompanied by a non-confidential
Regulation,
version, which will be labelled ‘For inspection by interested
parties’.

shall be

Commission address for correspondence:

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

Interested parties may also apply to be heard by the

4.
Commission within the same 40 day time limit.

This Regulation shall enter into force on the day following 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, 28 April 2004.

For the Commission

Pascal LAMY

Member of the Commission

(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