Notice of initiation of an anti-dumping proceeding concerning imports of hand pallet trucks and their essential parts, originating in the People's Republic of China
Date: 2004-04-29
Institutions: European Commission
Subjects: China, anti-dumping measure, import, originating product, wood product

29.4.2004

EN

Official Journal of the European Union

C 103/85

Notice of initiation of an anti-dumping proceeding concerning imports of hand pallet trucks and
their essential parts, originating in the People's Republic of China

(2004/C 103/05)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), (‘the basic Regu-
lation’), alleging that imports of hand pallet trucks and their
essential parts, i.e. the chassis and the hydraulics, originating in
the People's Republic of China (‘the country concerned’), are
being dumped and are thereby causing material injury to the
Community industry.

1. COMPLAINT

The complaint was lodged on 16 March 2004 by four
Community producers
representing a
in this case more than over 60 %, of the
major proportion,
total Community production of hand pallet trucks and their
essential parts, i.e. the chassis and the hydraulics.

(‘the complainants’)

2. PRODUCT

The product allegedly being dumped is hand pallet trucks, not
self propelled, used for the handling of material normally
placed on pallets, and their essential parts,
the chassis
and the hydraulics, the latter allowing the geared lifting of
the load, originating the People's Republic of China (‘the
product concerned’), normally declared within CN codes ex
8427 90 00 and ex 8431 20 00. These CN codes are only
given for information.

i.e.

3. ALLEGATION OF DUMPING

the complainant established normal value for

In view of the provisions of Article 2(7) of the basic Regu-
lation,
the
People's Republic of China on the basis of the price in a
market economy country, which is mentioned in paragraph
5.1(d) of this notice. The allegation of dumping is based on
a comparison of normal value, as set out in the preceding
sentence, with the export prices of the product concerned
when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

4. ALLEGATION OF INJURY

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China have
increased overall
in absolute terms and in terms of market
share.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the market share held, the quantities sold
and the level of prices charged by the Community industry,
effects on the overall
adverse
resulting

in substantial

(1) OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Regulation

(EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

performance,
situation of the Community industry.

the financial

situation and the employment

5. PROCEDURE

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the
Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the basic
Regulation.

5.1. Procedure for the determination of dumping and injury

investigation will

The
the product
concerned originating in the People's Republic of China is
being dumped and whether this dumping has caused material
injury.

determine whether

(a) Sampling

In view of the apparent large number of parties involved in
this proceeding,
the Commission may decide to apply
sampling in accordance with Article 17 of the basic Regu-
lation.

(i) Sampling for

exporters/producers

in the People's

Republic of China

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters/producers, or representatives acting on their
behalf, are hereby requested to make themselves
known by contacting the Commission and providing
the
company or
following information on their
in paragraph
companies within the time limit set
6(b)(i) and in the format indicated in paragraph 7 of
this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the turnover in local currency and the volume in
units of the product concerned sold for export to
the Community during the period 1 April 2003 to
31 March 2004,

— the turnover in local currency and the sales volume
in units for the product concerned on the domestic
market during the period 1 April 2003 to 31
March 2004,

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Official Journal of the European Union

29.4.2004

— whether the company intends to claim an indi-
vidual margin (2) (individual margins can only be
claimed by producers),

6(b)(iii) of this notice and must cooperate within the
framework of the investigation.

— the precise activities of the company with regard to
the production of
the product concerned, e.g.
simple assembly, production of essential parts,
production of all parts, etc.,

— the names and the precise activities of all related
involved in the production and/or
the product

companies (3)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether

company or
companies agree to their inclusion in the sample,
which implies replying to a questionnaire and
accepting an on-the-spot
their
response.

investigation of

the

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will,
in addition, contact the auth-
the exporting country, and any known
orities of
associations of exporters/producers.

(ii) Final selection of the sample

All
interested parties wishing to submit any relevant
information regarding the selection of the sample must
do so within the time limit set in paragraph 6(b)(ii) of
this notice.

sample

The Commission intends to make the final selection of
the parties
the
concerned that have expressed their willingness to be
included in the sample.

after having

consulted

Companies included in the sample must reply to a
questionnaire within the time limit set in paragraph

(2) Individual margins may be claimed pursuant to Article 17(3) of the
basic Regulation for companies not included in the sample, article
9(5) of the basic Regulation concerning individual treatment in
cases involving non market economy countries, and article 2(7)(b)
of the basic Regulation for companies claiming market economy
status. Note that claims for individual
treatment necessitate an
application pursuant to Article 9(5) of the basic Regulation and
regarding market economy status necessitate an
that claims
application pursuant to Article 2(7)(b) of the basic Regulation.
(3) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

sufficient co-operation is not

the
If
Commission may base its
in accordance
with Articles 17(4) and 18 of the basic Regulation,
on the facts available.

forthcoming,

findings,

(b) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the Community industry and to any association of
producers in the Community, to the sampled exporters/
to any
producers
in the People's Republic of China,
to
association of exporters/producers,
any association of importers named in the complaint, and
to the authorities of the exporting country concerned.

to the importers,

Exporters/producers
in the People's Republic of China
claiming an individual margin, with a view to the
application of Articles 17(3) and 9(6) of the basic Regu-
lation, must submit a completed questionnaire within the
time limit set in paragraph 6(a)(ii) of this notice. They
therefore have to request a questionnaire within the time
limit set in paragraph 6(a)(i) of this notice. However, such
parties should be aware that
if sampling is applied to
the Commission may nonetheless
exporters/producers,
decide not to calculate an individual margin for them, if
the number of exporters/producers is so large that indi-
vidual examination would be unduly burdensome and
would prevent the timely completion of the investigation.

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence has to reach the Commission within
the time limit set in paragraph 6(a)(ii) of this notice.

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are
particular reasons why they should be heard. This request
must be made within the time limit set in paragraph 6(a)(ii)
of this notice.

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose Canada as an appropriate market
economy country for the purpose of establishing normal
value in respect of
the People's Republic of China.
Interested parties are hereby invited to comment on the
appropriateness of
this choice within the specific time
limit set in paragraph 6(c) of this notice.

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Official Journal of the European Union

C 103/87

(e) Market economy status

For those exporters/producers in the People's Republic of
China who claim and provide sufficient evidence that they
operate under market economy conditions,
i.e. that they
meet the criteria laid down in Article 2(7)(c) of the basic
Regulation, normal value will be determined in accordance
with Article 2(7)(b) of
the basic Regulation. Exporters/
producers intending to submit duly substantiated claims
in
must do so within the
paragraph 6(d) of this notice. The Commission will send
claim forms to all exporters/producers in the People's
Republic of China named in the complaint and to any
association of exporters/producers named in the complaint,
as well as to the authorities of the People's Republic of
China.

specific

limit

time

set

5.2. Procedure for assessment of Community interest

this

their

industry,

they prove that

link between their

the Community interest. For

In accordance with Article 21 of the basic Regulation and in
the event that the allegations of dumping and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of anti-dumping measures would not
reason the
be against
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
and the product
objective
concerned, may, within the general
in
paragraph 6(a)(ii) of this notice, make themselves known and
provide the Commission with information. The parties which
have acted in conformity with the precedent sentence may
request a hearing setting the particular reasons why they
should be heard within the time limit set
in paragraph
6(a)(ii) of this notice. It should be noted that any information
to Article 21 will only be taken into
submitted pursuant
account
the time of
submission.

if supported by factual evidence at

activity

limits

time

set

of the basic Regulation) within 40 days of the date of
publication of this notice in the Official Journal of the
European Union, unless otherwise specified. 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 aforementioned
period.

Companies selected in a sample must submit ques-
tionnaire replies within the time limits specified in
paragraph 6(b)(iii) of this notice.

(iii) Hearings

All interested parties may also apply to be heard by the
Commission within the same 40 day time limit.

(b) Specific time limit in respect of sampling

(i) The information specified in paragraph 5.1(a)(ii) should
reach the Commission within 15 days of the date of
publication of this notice in the Official Journal of the
European Union, given that the Commission intends to
consult parties concerned that have expressed their
willingness to be included in the sample on its final
selection within a period of 21 days of the publication
of this notice in the Official
the European
Union.

Journal of

(ii) All other information relevant for the selection of the
sample as referred to in 5.1(a)(ii) must reach the
Commission within a period of 21 days of the publi-
cation of
the
European Union.

this notice in the Official

Journal of

6. TIME LIMITS

(a) General time limits

(i) For parties to request a questionnaire or other claim

forms

All interested parties should request a questionnaire as
soon as possible, but not later than 10 days after the
publication of this notice in the Official Journal of the
European Union.

(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date
of the notification of their inclusion in the sample.

(c) Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the
appropriateness of Canada which,
as mentioned in
paragraph 5.1(d) of this notice, is envisaged as a market-
economy country for the purpose of establishing normal
value in respect of the People's Republic of China. These
comments must reach the Commission within 10 days of
the date of publication of this notice in the Official Journal
of the European Union.

(ii) For parties to make themselves known, to submit ques-

tionnaire replies and any other information

(d) Specific time limit for submission of claims for market economy

All 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 and submit questionnaire replies
or any other information (including the substantiated
claims for individual treatment pursuant to Article 9(5)

status

Duly substantiated claims for market economy status, as
mentioned in paragraph 5.1(e) of this notice, must reach
the Commission within 15 days of the date of the publi-
cation of this notice in the Official Journal of the European
Union.

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Official Journal of the European Union

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7. WRITTEN SUBMISSIONS, QUESTIONNAIRE REPLIES AND
CORRESPONDENCE

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
specified and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of
the interested
party). All written submissions,
including the information
requested in this notice, questionnaire replies and corre-
spondence provided by interested parties on a confidential
basis shall be labelled as ‘Limited’ (4) and, in accordance with
Article 19(2) of the basic Regulation, shall be accompanied by
a non-confidential version, which will be
labelled ‘For
inspection by interested parties’.

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.

8. NON-COOPERATION

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
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 the facts available. If an interested
party does not cooperate or cooperates only partially, and
findings are therefore based on facts available in accordance
with Article 18 of the basic Regulation, the result may be less
favourable to the party than if it had cooperated.

9. SCHEDULE OF THE INVESTIGATION

The investigation will be concluded, according to Article 6(9)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
the basic Regulation,
Union. According to Article 7(1) of
provisional measures may be imposed no later
than 9
months from the publication of
this notice in the Official
Journal of the European Union.

(4) This means that

the document

is for internal use only.

the European Parliament and of
It

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
(OJ L 145,
of
31.5.2001, p. 43).
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 Implemen-
tation of Article VI of the GATT 1994 (Anti-dumping Agreement).

is a confidential document pursuant

the Council

It