Council Regulation (EC) No 1208/2004 of 28 June 2004 extending the definitive anti-dumping measures imposed by Regulation (EC) No 119/97 on imports of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the same product consigned from the Socialist Republic of Vietnam
Date: 2004-06-28
Institutions: Council of the European Union
Subjects: China, Viet Nam, anti-dumping duty, import, office supplies

1.7.2004

EN

Official Journal of the European Union

L 232/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1208/2004

of 28 June 2004

extending the definitive anti-dumping measures imposed by Regulation (EC) No 119/97 on imports
of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the
same product consigned from the Socialist Republic of Vietnam

THE COUNCIL OF THE EUROPEAN UNION,

above anti-dumping measures (3) (the expiry review). This
review is still ongoing.

Having regard to the Treaty
Community,

establishing the European

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 (the basic
regulation) (1), and in particular Articles 9 and 13 thereof,

(4)

Having regard to the proposal submitted by the Commission
after consulting the Advisory Committee,

Whereas:

(1)

(2)

1. PROCEDURE

1.1. Existing measures

(5)

Pursuant to Regulation (EC) No 119/97 (2), (the original
Regulation), the Council imposed definitive anti-dumping
duties ranging from 32,5 % to 39,4 % on imports of
certain ring-binder mechanisms (RBMs) originating in
the People's Republic of China.

to Article 12 of
Following an investigation pursuant
Regulation (EC) No 384/96, the Council amended and
increased the above duties through Regulation (EC) No
2100/2000 (the
anti-absorption investigation). The
amended definitive anti-dumping duties ranged from
51,2 % to 78,8 %.

(3)

In January 2002, pursuant to Article 11(2) of the basic
the
Regulation,

the Commission initiated a review of

(6)

1.2. Request

the

the

to Article 13(3) of

alleged circumvention of

On 18 August 2003, the Commission received a request
the basic Regulation to
pursuant
anti-
investigate
dumping measures
imposed on imports of certain
RBMs originating in the People's Republic of China.
The request was submitted by SX Bürowaren and Ring-
buchtechnik Handelsgesellschaft GmbH on behalf of
the
producers
Community production of certain RBMs (the applicants).
The request alleged that the anti-dumping measures in
force on imports of certain RBMs originating in the
People's Republic of China were being circumvented by
means of transhipment via Vietnam.

representing a major proportion of

The request further alleged that there was insufficient due
cause or justification other than the imposition of anti-
dumping measures for such change in the pattern of
trade and that the remedial effects of the existing anti-
dumping measures on imports of certain RBMs origi-
nating in the People's Republic of China were being
undermined both in terms of quantity and price.
Significant volumes of
imports of certain RBMs from
Vietnam appeared to have replaced imports of certain
RBMs from the People's Republic of China. In addition,
there was sufficient evidence that this increase in imports
was made at prices below the non-injurious price estab-
lished in the investigation that
led to the existing
measures.

Finally, the applicants alleged that the prices of certain
RBMs consigned from Vietnam were dumped in relation
to the normal value previously established for
the
product concerned.

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

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

(2) OJ L 22, 24.1.1997, p. 1. Regulation as amended by Regulation (EC)

No 2100/2000 (OJ L 250, 5.10.2000, p. 1).

(3) OJ C 21, 24.1.2002, p. 25.

L 232/2

EN

Official Journal of the European Union

1.7.2004

1.3. Initiation

after

determined,
that

consulting
sufficient evidence existed for

the Advisory
Having
Committee,
the
initiation of an investigation pursuant to Article 13 of
the basic Regulation, the Commission initiated an inves-
tigation according to Regulation (EC) No 1733/2003 (1)
(the initiating Regulation). Pursuant to Articles 13(3), 14
(3) and 14(5) of the basic Regulation, the Commission,
by the initiating Regulation, also directed the customs
authorities
certain RBMs
consigned from Vietnam, whether declared as originating
in Vietnam or not, as from 2 October 2003.

imports

register

to

of

1.4. Investigation

The Commission officially advised the authorities of the
People's Republic of China and Vietnam, the producers/
exporters, the importers in the Community known to be
concerned and the applicant Community industry of the
initiation of the investigation. Questionnaires were sent
to the producers/exporters in the People's Republic of
China and Vietnam as well as to the importers in the
Community named in the request or known to the
Commission from the original
Interested
parties were given the opportunity to make their views
known in writing and to request a hearing within the
time limit set in the initiating Regulation.

investigation.

— Office Xpress Manufacturing Company

Limited,

Vietnam; and its related company

— Hong Kong Stationery Manufacturing Corporation

Limited, Hong Kong

1.5. Investigation period

(12)

The investigation period covered the period from 1 July
2002 to 30 June 2003 (the IP). Data was collected from
1999 up to the IP to investigate the change in the
pattern of trade.

2. RESULTS OF THE INVESTIGATION

2.1. General considerations

(i) Determination of the import volume

(7)

(8)

(9)

One producer/exporter in Vietnam, related to a Chinese
exporting producer,
submitted a reply to the ques-
tionnaire whilst no reply was received from Chinese
producers/exporters. Replies to the questionnaire were
also submitted by five unrelated importers
in the
Community.

(13)

(10)

The following companies cooperated in the investigation
and submitted replies to the questionnaires:

Unrelated importers

— Industria Meccanica Lombarda Srl, Italy

— KWH Plast Danmark A/S, Denmark

— OY KWH Plast AB, Finland

— KWH Plast Sverige AB, Sweden

— KWH Plast (UK) Ltd, United Kingdom

Vietnamese producers/exporters

— Office Xpress Manufacturing Company

Limited,

Vietnam; and its related company

— Hong Kong Stationery Manufacturing Corporation

Limited, Hong Kong

(11)

Verification visits were carried out at the premises of the
following companies:

(1) OJ L 249, 1.10.2003, p. 24.

Limited

The export sales volume of RBMs to the Community
during the IP reported by the sole cooperating Viet-
namese producer/exporter, Office Xpress Manufacturing
(Office Xpress Manufacturing),
Company
substantially exceeded (i.e. by around 50 %)
the total
import volume of RBMs from Vietnam as recorded in
Eurostat during the same period. This was due to the fact
that the reported weight did not correspond to the ship-
i.e.
ment's actual weight but rather to a theoretical,
estimated, weight of
investigation
revealed also that there was only one exporter of RBMs
i.e. Office Xpress Manufacturing. On this
in Vietnam,
the data recorded in
basis,
Eurostat as imports from Vietnam relate very likely exclu-
sively to exports of Office Xpress Manufacturing. Under
these circumstances it was considered that Eurostat data
was more reliable than the data reported by Office Xpress
Manufacturing.

it was concluded that

the parts. The

(14) As

far as

import

trends of RBMs

since 1999 are
concerned, it should be noted that Office Xpress Manu-
facturing's related trader in Hong Kong, Hong Kong
Stationery Manufacturing Corporation Limited (Hong
Kong Stationery)
through whom all of Office Xpress
Manufacturing's exports to the EU are made, did not
provide any such export data pertaining to RBM sales
in years prior to the IP. Therefore,
in the absence of
any other more reasonable basis or source of consistently
comparable information, Eurostat data were used in
order to determine actual
import volumes of RBMs in
the IP and their import trends from different sources
since 1999. Finally, the relevant import data provided
by two cooperating unrelated importers confirmed the
general findings on Eurostat.

1.7.2004

EN

Official Journal of the European Union

L 232/3

the same basic physical characteristics and have the same
uses. They are therefore to be considered as like products
within the meaning of Article 1(4) of the basic Regu-
lation.

2.3. Nature of the circumvention practice

2.3.1. Change in the pattern of trade

The investigation revealed that after the imposition of
definitive measures on imports of RBMs
from the
People's Republic of China, and in particular after the
substantial
increase in these measures in 2000 further
to the anti-absorption investigation mentioned in recital
2, imports from the People's Republic of China decreased
significantly, i.e. from 1 684,3 tonnes in 1999 to 301,9
tonnes in 2002 and to 357,1 tonnes in the IP. During
from Vietnam
the same period,
increased significantly, i.e. from 0 tonnes between 1999
and 2001 to 1 105 tonnes in 2002. During the IP,
imports
to 1 589,2
tonnes.

from Vietnam increased further

imports of RBMs

In this context it should be noted that the cooperating
Vietnamese producer/exporter's related company, Hong
Kong Stationery, has production facilities in China and
set up a production/assembly facility in Indonesia in
about 1998. The Indonesian facility was shut down in
2002 and there were no imports of RBM from Indonesia
during the IP of the current investigation. The setting up
of the Indonesian facility and the subsequent EU imports
industry
from Indonesia
requesting the initiation of
the investigation which
resulted in the imposition of anti-dumping and counter-
vailing measures on imports of the product concerned
from Indonesia in 2002.

to the Community

led

levels

in Vietnam (see below)

In March 2002, Office Xpress Manufacturing started
assembly operations
and
imports increased from 0 to 1 105 tonnes reaching
from the People's
similar
import
Republic of China in 1999 before
significant
increase of the duties in 2000 (see recitals 1 and 2).
This increase occurred immediately prior to the impo-
sition of definitive anti-dumping and countervailing
duties on imports of RBMs originating in Indonesia in
2002.

to those

the

(15)

(16)

(ii) Community industry

The investigation revealed that one of
the unrelated
importers in the Community also produced RBMs in
the Community during the IP. This company claimed
that due to the bankruptcy and closure of one of the
applicant’s production facilities in the Community,
it
now produces a major proportion of the Community
production of the like product. This importer/producer
the applicants do not have
concluded therefore that
sufficient
current
proceeding should consequently be terminated without
extending the
to
anti-dumping measures
imports originating in Vietnam.

and that

in force

anymore

standing

the

representing a major proportion of

It should be noted that Article 4(1)(a) of the basic Regu-
lation foresees that Community producers which also
import the allegedly dumped product may be excluded
from the definition of Community industry.
It should
also be noted that Article 13(3) of the basic Regulation
does not require that a request to initiate an anti-circum-
vention investigation has to be submitted by Community
producers
the
Community production of
the like product. Conse-
quently, the fact that a Community producer opposing
such investigation would allegedly represent a higher
proportion than the party which requested it is not in
itself a reason to terminate the proceeding. In any event,
this importer would indeed have to be
and even if
considered as part of the Community industry, the inves-
tigation revealed that, even with the closure of one
production facility after
still
produced significant quantities and still represented a
major proportion of the Community production of the
like product. Consequently, the claim to terminate the
ongoing proceeding had to be rejected.

the applicants

the IP,

(19)

(20)

(21)

(17)

2.2. Product concerned and like product

The product concerned is, as defined in the original
Regulation, certain RBMs currently classifiable within
CN code ex 8305 10 00. These RBMs 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.
Generally, RBMs are composed of such as ring, blade,
cover, eyelet and, where applicable, trigger.

(18)

The investigation showed that the RBMs exported to the
Community from the People's Republic of China and
those consigned from Vietnam to the Community have

UP = Investigation period.

L 232/4

EN

Official Journal of the European Union

1.7.2004

(22)

(23)

(24)

(25)

It was therefore concluded that there had been a change
in the pattern of trade between the Community on the
one hand and the People's Republic of China and
Vietnam on the other hand and that imports of RBMs
originating in the People's Republic of China were
substituted by imports of
from
Vietnam.

the same product

The Vietnamese exporter argued that there would be no
the related company's
link between the ceasing of
exports from China and the start of operations
in
Vietnam, due to the time gap between these events.
trade would not
Thus the change in the pattern of
stem from the establishment of the Vietnamese facility.
However, precise export figures of the related Chinese
company prior to the IP could not be verified, and
therefore this company's export volumes could not be
determined. Therefore,
it cannot be confirmed that the
related Chinese company's exports of RBM indeed ceased
prior to the establishment of the operations in Vietnam,
as claimed. In any event, the mere fact that exports from
the operations in
China ceased prior to the start of
Vietnam does not have any impact on the conclusion
whether or not there has been a change in the pattern
of trade. In the current investigation, it was clearly estab-
lished that exports of RBM from China were replaced by
imports of the same product from Vietnam. This was
considered to be a clear change in the pattern of trade
in accordance with Article 13 of the basic Regulation,
irrespective of whether the exports from China where
replaced immediately or only after a certain time
had
period. The Vietnamese
therefore to be rejected.

exporter's

argument

(27)

(28)

(29)

registered in January 2002 and started actual

was
operations in March 2002.

It was found that both machinery and equipment used in
Vietnam have been transferred from related companies
dealing with RBMs which are located in People's Republic
of China or were previously located in Indonesia. The
transfer of equipment from Indonesia and the People's
Republic of China to Vietnam began in February 2002,
immediately prior
imposition of definitive
measures on imports of RBMs originating in Indonesia
to the imposition of definitive anti-
and subsequent
product
dumping measures
concerned from China.

imports

to the

the

on

of

The investigation also revealed that, during the IP, the
the Vietnamese exporter's needs for RBM
entirety of
components were manufactured
related
companies located in the People's Republic of China,
cases,
the
components were imported in semi-assembled form,
such as half-rings assembled with the blade.

country subject

to measures.

In some

the

by

The Commission examined the proportion of the parts
imported from China in the total value of the parts of
the assembled product, as laid down in Article 13(2)(b)
of the basic Regulation. In this regard, the value of the
parts, both imported and of the total assembled product,
has been established in respect of the purchase value of
all ring-binder components such as ring, blade, cover,
eyelet and trigger.

exporter

claimed
that
specifically request

the
The Vietnamese
information
Commission did not
regarding the cost of production for
the assembly
operation in Vietnam no conclusions should be drawn
regarding the criteria specified under Article 13(2)(b) of
the basic Regulation.

since

(30) On this basis, the value of the parts imported by Office
Xpress Manufacturing from the People's Republic of
China was found to represent significantly more than
60 % of the total value of the parts of the assembled
product.
the
assembled product were purchased during the IP by
Office Xpress from its related companies in China.

the parts of

entirety of

Indeed,

the

It should first be noted that determinations were made
on the basis of the information submitted within the
questionnaire replies and collected during the on-the-
spot verifications. This information was provided volun-
tarily by the companies concerned upon request by the
Commission. Consequently, the conclusions made with
regard to Article 13(2)(b) of the basic Regulation were
exclusively made on the basis of information actually
provided, including that related to the cost of production,
by the company concerned, within the context of the
current
above
anti-circumvention investigation. The
argument had, therefore, to be rejected.

(31)

The Commission also examined the value added by
Office Xpress Manufacturing in the assembly operation
during the IP. This was done by deducting from the net
turnover, excluding revenue from sales of scrap, those
expenses incurred for intermediate consumption, i.e. all
expenses paid to suppliers and needed to run the
company and produce the product concerned (such as
supplies of goods and services). In this respect the value
added by Office Xpress to the parts brought in during the
IP was found to be significantly less than 25 % of the
company's manufacturing cost.

2.3.2. Practice, process or work

(26)

The Vietnamese production/assembly facility of Office
the sole cooperating exporter,
Xpress Manufacturing,

(32)

Consequently, it had to be concluded that the operations
in Vietnam constituted an assembly operation within the
meaning of Article 13(2) of the basic Regulation.

1.7.2004

EN

Official Journal of the European Union

L 232/5

(33)

(34)

2.3.3. Insufficient due cause or economic justification other
than the imposition of the anti-dumping duty

The above-described change in the pattern of
trade
coincided with the establishment of assembly operations
of RBMs in Vietnam and no economic justification was
found for such change in the pattern of trade. Indeed the
company purchased its RBM components entirely from
related companies in China with little value added in
it would be expected that any
Vietnam. Moreover,
alleged economic advantages of assembling products in
Vietnam would be reflected in all sales of such product
by the group. Nevertheless, it was found that only sales
of RBMs to the Community were made from Vietnam,
while other markets continued to be supplied directly
from the People's Republic of China. The company
even admitted that sales to the Community were only
made from Vietnam because of the anti-dumping duties
in place on RBMs originating in the People's Republic of
China.

the

received by

It was found that orders from Community customers
were
related trader, Hong Kong
Stationery. This company informed Office Xpress Manu-
facturing in Vietnam and its related companies in China
of the necessary components and assembly operations to
satisfy the requested orders. The components were then
shipped to Vietnam where
final product was
assembled. This procedure differs from the one used
for sales to third countries other than the Community
where the finished product is entirely produced by the
Chinese producers.

the

(35) All products assembled in Vietnam are destined for the
Community market and exported via the related trader in
Hong Kong which takes care of the invoicing to the
Community customers. As mentioned above, RBMs
exported to third countries were produced in and
directly exported from the People's Republic of China.

(36)

the reason for
The Vietnamese exporter argued that
starting the operation in Vietnam was that
the Viet-
namese government created a favourable environment
for
foreign investments and improved infrastructure.
Furthermore, labour costs would be considerably lower
it was
than in other Far Eastern countries. Finally,
claimed that RBMs assembled in Vietnam were exclu-
sively exported to the Community given the particular
market situation with regard to demand, product types
and prices in comparison with other third countries'
markets.

(37) As far as the attraction of foreign investment in Vietnam
is concerned, no convincing evidence was submitted
which could confirm that such factors were indeed
taken into account at the time of the decision to start
the operation in that country. The specific circumstances
of the present case, in particular the timing of the start of

the operation, rather
the operation and the type of
indicate that the reason behind relocation to Vietnam
was due to the existence of anti-dumping measures on
imports from China.

(38)

submitted which could support

it should be noted that no
Regarding labour costs,
evidence was
this
argument or that this was a factor which was decisive
in the company's decision to relocate to Vietnam. Even if
labour costs were substantially lower in Vietnam than in
China,
costs
investigation revealed that
constituted only a minor part of the cost of RBMs (on
average approximately 3 % of cost of manufacturing), and
that this could not be regarded, in isolation, as sufficient
due cause in the sense of Article 13 of the basic Regu-
lation.

labour

the

(39) With regard to the different market situations in the
Community and other third markets, no evidence was
provided and this argument had therefore to be rejected.

(40)

(41)

(42)

Consequently, the change in the pattern of trade between
the exporting countries concerned and the Community
was found to stem from a process of assembly of
Chinese parts in Vietnam for which no other economic
justification was found other than the imposition of the
duty on imports of RBMs from the People's Republic of
China.

2.3.4. Undermining of the remedial effect of the anti-dumping

duty

It was analysed whether the imported products have, in
terms of prices
and/or quantities, undermined the
remedial effects of the measures in force on imports of
RBMs from the People's Republic of China.

The trade flow analysis shows that the change in the
pattern of Community imports, which occurred since
the imposition of definitive measures on imports origi-
nating in China and Indonesia, has undermined the
remedial effects of the anti-dumping measures in terms
of quantities imported into the Community market.
Indeed, the Vietnamese company exported significantly
more to the Community during the IP of this investi-
gation than its related company in the People's Republic
of China had during the investigation period of
the
original investigation.

it was found that

(43) With regard to prices of the product consigned from
Vietnam,
the prices to unrelated
customers in the Community were on overall average
lower than the dumped export prices from its related
company in the People's Republic of China during the
IP in the original
In addition, prices of
Vietnamese exports are below the injury elimination
level
in the
original investigation.

established for Community producers

investigation.

(44)

(45)

(46)

(47)

(48)

(49)

L 232/6

EN

Official Journal of the European Union

1.7.2004

imports of RBMs

The Vietnamese exporter argued that the Commission
had not examined whether
from
Vietnam have undermined the impact of anti-dumping
duties from the perspective of the Community industry,
i.e. whether imports from Vietnam are having significant
adverse effects on the Community producers.
It was
in particular, no proper assessment of the
argued that,
competitive conditions
in the market place and its
changes since the imposition of the original duties has
been carried out.

(51)

normal value determined in the ongoing expiry review.
Similarly,
the
Commission should establish normal value on the basis
of the costs incurred in Vietnam.

exporter argued that

the Vietnamese

It should be noted that according to Article 13, evidence
of dumping should be examined in relation to the
normal values previously established. As regards the
ongoing expiry review, no conclusions have yet been
reached which could have been potentially used in the
present
therefore
rejected.

investigation. These

claims were

It should be noted that no such examination is required
by the basic Regulation within the framework of the
current investigation. The objective of this investigation
is merely to determine whether imports from Vietnam
are circumventing the measures in force on imports of
the product concerned from China. As mentioned above,
this was found to be the case. The remedial effect of the
original anti-dumping duties were through this circum-
vention practice undermined given the large quantities
imported at prices even lower than during the original
investigation period. The
therefore
rejected.

argument was

it was concluded that

the
Therefore,
product
concerned from Vietnam undermined the
remedial effects of the duty in terms of prices and quan-
tities.

the imports of

2.3.5. Evidence of dumping

Finally,
in accordance with Article 13(1) of the basic
Regulation it was examined whether there was evidence
of dumping in relation to the normal value previously
established for the like or similar products. In this regard,
export prices of the Vietnamese cooperating producer/
exporter of RBMs during the IP were compared with
the normal
investigation
leading to the imposition of the definitive measures for
the like product.

established in the

value

2.4. Community interest

(52) One unrelated importer claimed that although not
expressly mentioned in Article 13 of the basic Regu-
lation, the Community interest should have been inves-
in particular taking into account the
tigated in detail
change in circumstances since the imposition of defi-
nitive measures.

(53)

It is noted that the investigation leading to imposition of
the original measures revealed that their imposition was
in the Community interest. Article 13 does not require
an investigation of whether circumstances with regard to
the Community interest determination have changed
since the imposition of measures. Nevertheless,
irre-
spective of whether
such investigation might be
warranted,
it is noted that in any event no elements
have been put forward by any interested party suggesting
that the imposition of measures would no longer be in
the Community interest. Therefore, it is concluded that
the extension of the measures to Vietnam, to counteract
the circumvention taking place and which undermined
the remedial effects of the original measures, is also in
the Community interest. Consequently,
this argument
had to be rejected.

For the purpose of a fair comparison between the normal
value and the export price, due allowance, in the form of
adjustments, was made for differences which affect prices
and price comparability. These adjustments were made in
accordance with Article 2(10) of the basic Regulation in
respect of transport, insurance and credit.

(54)

In accordance with Article 2(11) and (12) of the basic
Regulation, a comparison of
the weighted average
normal value as established in the original investigation
and the weighted average of export prices during this
investigation's IP, expressed as a percentage of the cif
price at the Community frontier duty unpaid, revealed
significant dumping.

(50) One unrelated importer argued that

the Commission
should not
dumping margin with
the
reference to the normal value as determined in the
investigation but that it should rather use the
original

establish

3. CONCLUSIONS

received

investigation was

from the Community

The current
initiated following a
industry
request
containing sufficient evidence of alleged transhipment
of RBMs originating in the People's Republic of China
via Vietnam. The above findings have indeed shown that
there is circumvention of the measures on RBMs from
China via Vietnam. Parts and components are shipped
from the People's Republic of China to Vietnam and
are subsequently assembled there before export of the
the
finished product
to the Community.
the
finding of
existing anti-dumping measures imposed on imports of
the product
concerned originating in the People's
Republic of China be extended to the same product
consigned from Vietnam, whether declared as originating
in Vietnam or not.

In view of
is proposed that

circumvention,

it

1.7.2004

EN

Official Journal of the European Union

L 232/7

(55)

The measures to be extended should be the ones estab-
lished in Article 1(2) of the original Regulation, as last
amended by the anti-absorption proceeding, and are as
follows:

a)

for mechanisms with 17 and 23 rings (TARIC code:
8305 10 00 20), the amount of duty shall be equal to
the difference between the minimum import price of
EUR 325 per 1 000 pieces
free-at-
Community-frontier not cleared through customs
price;

and

the

b) for mechanisms other than those with 17 or 23 rings
(TARIC code: 8305 10 00 10), the residual duty of
78,8 %.

HAS ADOPTED THIS REGULATION:

Article 1

1.
The definitive anti-dumping duties imposed by Regulation
(EC) No 119/97 on imports of certain ring-binder mechanisms,
falling within CN code ex 8305 10 00 originating in the
People's Republic of China, are hereby extended to imports of
consigned from Vietnam,
certain ring-binder mechanisms,
whether declared as originating in Vietnam or not
(TARIC
codes 8305 10 00 11 and 8305 10 00 21).

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.

(56)

In accordance with Article 14(5) of the basic Regulation,
which provides that any extended measures should apply
to imports which entered the Community under regis-
tration imposed by the initiating Regulation, duties
should be collected on those registered imports of
certain RBMs consigned from Vietnam.

2.
The duties extended by paragraph 1 of this Article shall be
collected on imports registered in accordance with Articles 13
(3) and 14(5) of Regulation (EC) No 384/96.

The provisions in force concerning customs duties shall

3.
apply.

4. REQUEST FOR EXEMPTION

(57)

The sole cooperating exporter has lodged a request to be
exempted from the proposed extended anti-dumping
duty pursuant to Article 13(4) of the basic Regulation.

Article 2

1.
Requests for exemption from the duty extended by Article
1 shall be made in writing in one of the official languages of the
Community and must be signed by a person authorised to
represent
to the
the applicant. The request must be sent
following address:

(58)

The investigation revealed that this company's exports
circumvented the measures imposed on imports of the
product concerned originating in the People's Republic of
in line with Article 13(4) of the
China. Consequently,
basic Regulation, the request for exemption should be
refused.

European Commission
Directorate-General for Trade
Directorate B
Office: J-79 05/17
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877

(59) Although during this investigation no other exporter of
RBMs to the Community was found to exist in Vietnam,
other exporters concerned which intend to lodge a
request
for an exemption from the extended anti-
dumping duty pursuant to Article 13(4) of the basic
Regulation will be required to complete a questionnaire
in order to enable the Commission to determine whether
an exemption may be warranted. Such exemption may
be granted after the assessment of the market situation of
the product concerned, production capacity and capacity
utilisation, procurement and sales and the likelihood of
continuation of practices for which there is insufficient
due cause or economic justification and the evidence of
dumping. The Commission would normally also carry
out an on-the-spot verification visit. The request would
have to be addressed to the Commission forthwith, with
all relevant information, in particular any modification in
the company's activities linked to production and export
sales of the product under consideration,

the Commission,

In accordance with Article 13(4) of Regulation (EC) No
2.
consulting the Advisory
384/96,
Committee, may authorise, by decision,
the exemption of
imports from companies which do not circumvent the anti-
dumping measures imposed by Regulation (EC) No 119/97,
from the duty extended by Article 1.

after

Article 3

Customs authorities are hereby directed to discontinue the regis-
tration of imports, established in accordance with Article 2 of
Regulation (EC) No 1733/2003.

Article 4

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

L 232/8

EN

Official Journal of the European Union

1.7.2004

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

Done at Luxembourg, 28 June 2004.

For the Council
The President

M. CULLEN