Commission Regulation (EC) No 1408/2004 of 2 August 2004 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 the People's Republic of China, repealing the duty with regard to imports from two exporters in this country and making these imports subject to registration
Date: 2004-08-02
Institutions: European Commission
Subjects: CCT duties, China, anti-dumping duty, electronic device, measuring equipment, originating product

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1408/2004

of 2 August 2004
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 the People's Republic of China, repealing the duty with regard to imports from two exporters 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
Community,

establishing the European

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),

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. REQUESTS FOR A REVIEW

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 two related
companies, Shanghai Excell M & E Enterprise Co., Ltd and
Shanghai Adeptech Precision Co., Ltd (the applicant). The
applicant
in the People's
Republic of China (the country concerned).

is an exporting producer

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 the country concerned (the product
concerned),
CN code
8423 81 50. This CN code is given only for information.

declared within

normally

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 the People's
Republic of China, and produced by the applicant, are
subject to definitive anti-dumping duties of 30,7 % 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 Council Regulation (EC)

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

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

(4)

(5)

(6)

(7)

(8)

(9)

that

it did not export

The applicant alleges that
it operates under market
economy conditions as defined in Article 2(7)(c) of the
basic Regulation,
the product
concerned to the Community during the period of inves-
tigation on which the investigation leading to the anti-
dumping measures was based,
the period from 1
September 1998 to 31 August 1999 (the original inves-
tigation period) and that it is not related to any of the
exporting producers of the product concerned which are
subject to the abovementioned anti-dumping measures.

i.e.

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

E. PROCEDURE

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 Commission
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
whether the applicant operates under market economy
conditions as defined in Article 2(7)(c) of the basic Regu-
lation or alternatively whether the applicant fulfils the
requirements to have an individual duty established in
accordance with Article 9(5) of
the basic Regulation
and, if so, 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

In order to obtain the information it deems necessary for
its investigation,
the Commission will send question-
naires to the applicant.

(b) Collection of information and holding of hearings

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

Furthermore,

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(c) Market economy status

G. TIME LIMITS

(10)

(11)

(12)

(13)

that
the applicant provides
it operates under market

In the event
sufficient
evidence
that
economy
conditions,
i.e. that it meets the criteria laid down in
the basic Regulation, normal value
Article 2(7)(c) of
will be determined in accordance with Article 2(7)(b) of
the basic Regulation. For this purpose, duly substantiated
claims must be submitted within the specific time limit
set in Article 4(3) of this Regulation. The Commission
will send claim forms to the applicant, as well as to the
authorities of the People’s Republic of China.

(d) Selection of the market economy country

In the event that the applicant is not granted market
economy status but fulfils the requirements to have an
individual duty established in accordance with Article
9(5) of
the basic Regulation, an appropriate market
economy country will be used for the purpose of estab-
lishing normal value in respect of the People’s Republic
of China in accordance with Article 2(7)(a) of the basic
Regulation. The Commission envisages using Indonesia
again for this purpose as was done in the investigation
which led to the imposition of measures on imports of
the product concerned from 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 Article 4(2) of this Regulation.

status,

economy

the Commission may,

in the event that the applicant is granted
Furthermore,
market
if
necessary, also use findings concerning the normal
value established in an appropriate market-economy
country, e.g. for the purpose of replacing any unreliable
cost or price elements in the People’s Republic of China
which are needed in establishing the normal value,
if
reliable required data are not available in the People’s
Republic of China. The Commission envisages using
Indonesia also for this purpose.

F. REPEAL OF THE DUTY IN FORCE AND REGIS-
TRATION OF IMPORTS

should be made subject

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
the same time, such
produced by the applicant. At
imports
to registration in
accordance with Article 14(5) of the basic Regulation,
in order to ensure that, should the review result in a
determination 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
applicant’s possible future liabilities cannot be estimated
at this stage of the proceeding.

(14)

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

time limits

— interested parties may make themselves known to the
Commission, present
in writing and
submit the replies to the questionnaire mentioned
in recital
this Regulation or provide any
other information to be taken into account during
the investigation,

their views

(8) of

— interested parties may make a written request to be

heard by the Commission,

Indonesia which,

— interested parties may comment on the appropri-
that the
ateness of
applicant will not be granted market economy
is envisaged as a market-economy country
status,
for
the purpose of establishing normal value in
respect of the People’s Republic of China,

in the event

— the applicant should submit duly substantiated claims

for market economy status.

H. NON-COOPERATION

(15)

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.

(16) Where it is found that any interested party has supplied
false or misleading information, the information shall be
disregarded and use may be made,
in accordance with
Article 18 of the basic Regulation, 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 Regu-
lation, the result may be less favourable to that 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 the People's
Republic of China, produced by Shanghai Excell M & E
Enterprise Co., Ltd and Shanghai Adeptech Precision Co., Ltd
should be subject to the anti-dumping duties imposed by Council
Regulation (EC) No 2605/2000.

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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 A561).

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 questionnaire replies or any other information, unless
otherwise specified, within 40 days of the entry into force of
this Regulation. 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
aforementioned period.

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

Parties to the investigation may wish to comment on the
2.
appropriateness of Indonesia which 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 entry into
force of this Regulation.

3.
Duly substantiated claims for market economy status must
reach the Commission within 15 days of the entry into force of
this Regulation.

All submissions and requests made by interested parties
4.
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 infor-
mation requested in this Regulation, 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 Council Regulation (EC) No 384/96, shall be
accompanied by a non-confidential version, which will be
labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Any information relating to the matter and/or any request for a
hearing should be sent to the following address:

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 5

This Regulation shall enter into force on the day following that
of 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, 2 August 2004.

For the Commission

Pascal LAMY
Member of the Commission

(1) This means that the document is for internal use only. It is protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the
European Parliament and of the Council
(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).