Commission Regulation (EC) No 1582/2004 of 8 September 2004 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1470/2001 on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China by imports of integrated electronic compact fluorescent lamps (CFL-i) consigned from Vietnam, Pakistan or the Philippines, whether declared as originating in Vietnam, Pakistan or the Philippines or not, and making such imports subject to registration
Date: 2004-09-08
Institutions: European Commission
Subjects: China, Pakistan, Philippines, Viet Nam, anti-dumping legislation, import (EU), infringement of EU law, lighting equipment, originating product

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1582/2004

of 8 September 2004

initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 1470/2001 on imports of integrated electronic compact
fluorescent lamps (CFL-i) originating in the People’s Republic of China by imports of integrated
electronic compact fluorescent lamps (CFL-i) consigned from Vietnam, Pakistan or the Philippines,
whether declared as originating in Vietnam, Pakistan or the Philippines or not, and making such
imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 (1)
(the basic Regulation), and in particular Article 13(3) and
Article 14(3) and (5) thereof,

After having consulted the Advisory Committee,

Whereas:

A. REQUEST

The Commission has received a request pursuant to Article
13(3) of the basic Regulation to investigate the possible circum-
vention of the anti-dumping measures imposed on integrated
electronic compact fluorescent lamps (CFL-i) originating in the
People’s Republic of China.

The request has been lodged on 16 August 2004 by Lighting
Industry and Trade in Europe (LITE) on behalf of producers and
importers of CFL-i in the Community.

B. PRODUCT

tubes, with all

The product concerned by the possible circumvention is elec-
tronic compact fluorescent discharge lamps with one or more
glass
electronic
lighting
components fixed to the lamp foot or integrated in the lamp
foot normally declared under CN code ex 8539 31 90 (TARIC
code 8539 31 90*91) (the product concerned) originating in the
People’s Republic of China. These CN codes are given only for
information.

elements

and

The product under investigation is electronic compact fluor-
escent discharge lamps with one or more glass tubes, with all
lighting elements and electronic components fixed to the lamp
foot or integrated in the lamp foot consigned from Vietnam,
Pakistan or the Philippines (the product under investigation)
normally declared under the same CN codes as the product
concerned originating in the People’s Republic of China.

C. EXISTING MEASURES

The measures currently in force and possibly being circum-
vented are anti-dumping measures imposed by Council Regu-
lation (EC) No 1470/2001 (2).

D. GROUNDS

The request contains sufficient prima facie evidence, that the
anti-dumping measures on imports of the product concerned
originating in the People’s Republic of China are being circum-
vented by means of transhipment via Vietnam, Pakistan or the
Philippines and/or by assembly in Vietnam, Pakistan or the
Philippines of the product under investigation.

The evidence submitted is as follows:

The request shows a significant change in the pattern of trade,
as imports of the products under investigation have increased
substantially, whereas imports of the product concerned origi-
nating in the People’s Republic of China have decreased
following the imposition of measures, and that there is insuf-
ficient 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 the
transhipment of CFL-i originating in the People’s Republic of
China via Vietnam, Pakistan or the Philippines and/or assembly
in Vietnam, Pakistan or the Philippines of CFL-i.

(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).

(2) OJ L 195, 19.7.2001, p. 8.

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Official Journal of the European Union

L 289/55

Furthermore, the request contains sufficient prima facie evidence
that the remedial effects of the existing anti-dumping measures
on imports of the product concerned originating in the People’s
Republic of China are being undermined in terms of quantity
from
and prices. Significant volumes of
Vietnam, Pakistan and the Philippines appear to have replaced
imports of the product concerned originating in the People’s
Republic of China.

imports of CFL-i

all

event

should contact

the
interested parties
In any
Commission forthwith, but not later than the time limit set
in Article 3 in order to find out whether they are listed in
the request 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.

Finally, the request contains sufficient prima facie evidence that
the prices of the product under investigation are dumped in
relation to the normal value previously established for CFL-i
originating in the People’s Republic of China.

The authorities of the People’s Republic of China, Vietnam,
Pakistan and the Philippines will be notified of the initiation
of the investigation and provided with a copy of the request.

Should circumvention practices via Vietnam, Pakistan or the
Philippines covered by Article 13 of
the basic Regulation,
other than transhipment and assembly, be identified in the
course of the investigation, the investigation may cover these
practices also.

(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.
interested parties,
Furthermore,
provided that they make a request in writing and show that
there are particular reasons why they should be heard.

the Commission may hear

E. PROCEDURE

In the light of the above, the Commission has concluded that
sufficient evidence exists to justify the initiation of an investi-
gation pursuant to Article 13 of the basic Regulation and to
make imports of CFL-i consigned from Vietnam, Pakistan and
the Philippines, whether declared as originating in Vietnam,
Pakistan or the Philippines or not, subject to registration,
in
accordance with Article 14(5) of the basic Regulation.

(a) Questionnaires

(c) Exemption of registration of imports or measures

the basic Regulation,

Since the possible circumvention takes place outside the
Community, exemptions may be granted,
in accordance with
the
Article 13(4) of
product concerned 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 Articles
13(1) and 13(2) of the basic Regulation. 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.

to producers of

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 exporters/pro-
ducers in Vietnam, Pakistan and the Philippines, to the expor-
ters/producers and to the associations of exporters/producers in
the People’s Republic of China, to the importers and to the
in the Community which co-
associations of
operated in the
existing
lead to the
measures or which are listed in the request and to the autho-
rities of the People’s Republic of China, Vietnam, Pakistan and
the Philippines. Information, as appropriate, may also be sought
from the Community industry.

investigation that

importers

F. REGISTRATION

Pursuant to Article 14(5) of the basic Regulation, imports of the
product under investigation should be made subject to regis-
tration in order to ensure that, should the investigation result in
findings of circumvention, anti-dumping duties of an appro-
priate amount can be levied retroactively from the date of
registration of such imports consigned from Vietnam, Pakistan
or the Philippines.

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G TIME LIMITS

HAS ADOPTED THIS REGULATION:

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,

— producers in Vietnam, Pakistan and the Philippines may
request exemption from registration of imports or measures,

— interested parties may make a written request to be heard by

the Commission.

Attention is drawn to the fact
the exercise of most
procedural rights set out in the basic Regulation depends on
the party’s making itself known within the
limits
mentioned in Article 3 of this Regulation.

time

that

H. 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.

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 electronic compact fluorescent discharge
lamps with one or more glass tubes, with all lighting elements
and electronic components fixed to the lamp foot or integrated
in the lamp foot, falling within CN code ex 8539 31 90 (TARIC
code 8539 31 90*91), consigned from Vietnam, Pakistan or the
Philippines, whether declared as originating in Vietnam, Pakistan
or the Philippines or not, are circumventing the measures
imposed by Regulation (EC) No 1470/2001 on imports of
integrated electronic compact fluorescent lamps (CFL-i) origi-
nating in the People’s Republic of China.

For the purpose of this Regulation, electronic compact fluor-
escent discharge lamps shall consist of one or more glass tubes,
with all lighting elements and electronic components fixed to
the lamp foot or integrated in the lamp foot. They are designed
incandescent lamps and fit into the same
to replace normal
lamps and are produced in
sockets as
different
the
wattage and the cover of the lamp.

the incandescent
types, depending on,

the lifetime,

inter alia,

Article 2

to
The Customs authorities are hereby directed, pursuant
Articles 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 following the date of
entry into force of this Regulation.

The Commission, by regulation, may direct Customs authorities
to cease registration in respect of imports into the Community
of products exported by exporters having applied for an
exemption of registration and having been found not to be
circumventing the anti-dumping duties.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
in accordance with Article 18 of the
and use may be made,
basic Regulation, of facts available. If any 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,

Article 3

Questionnaires should be requested from the Commission
this Regulation in the

1.
within 15 days from publication of
Official Journal of the European Union.

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

Journal of

including the infor-
interested party. All written submissions,
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 the basic Regulation, shall be accompanied by a
non-confidential version, which will be labelled ‘For inspection
by interested parties’.

Producers

in Vietnam, Pakistan and the Philippines
3.
or
requesting
measures should submit a request duly supported by evidence
within the same 40-day time limit.

from registration

exemption

imports

of

Interested parties may also apply to be heard by the

4.
Commission 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
exemption must be made in writing (not in electronic format,
unless otherwise specified), must indicate the name, address, e-
the
fax and/or
mail address,

telex numbers of

telephone,

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

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, 8 September 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).