Proposal for a Council Regulation terminating the '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 Taiwan
Date: 2004-09-21
Institutions: European Commission
Subjects: Taiwan, anti-dumping duty, anti-dumping legislation, electronic device, import, measuring equipment, originating product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.09.2004 
COM(2004)600 final 

Proposal for a 

COUNCIL REGULATION 

terminating the ‘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 Taiwan 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  November  2003,  the  Commission  announced,  by  Regulation  (EC)  No  2034/2003,  the 
initiation  of  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  Taiwan.  This  Regulation  also  repealed  the  duty  with  regard  to 
imports from Charder Electronic Co., Ltd. (‘Charder’), the Taiwanese company that requested 
the initiation of the review, making these imports subject to registration. 

The  investigation  revealed  that  Charder  did  not  meet  the  criteria  to  be  considered  as  a  new 
exporter within the meaning of Article 11(4) of the basic Regulation, as it had not exported 
the  product  concerned  to  the  Community  during  the  investigation  period  of  the  present 
review.  Therefore,  the  review  should  be  terminated  and  the  duty  rate  applicable  to  Charder 
should continue to be the countrywide rate established in the original investigation. 

It is therefore proposed that the Council adopt the attached proposal for a Regulation, in view 
of its publication in the Official Journal of the European Union on 19 November 2004 at the 
latest. 

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Proposal for a 

COUNCIL REGULATION 

terminating the ‘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 Taiwan 

THE COUNCIL OF THE EUROPEAN UNION, 

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 Community1 (‘the basic 
Regulation’), and in particular Article 11(4) thereof, 

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

Whereas: 

A. MEASURES IN FORCE 

(1) 

The measures currently in force on imports into the Community of certain electronic 
weighing  scales  (‘REWS’)  originating  in  Taiwan  are  definitive  anti-dumping  duties 
imposed  by  Council  Regulation  (EC)  No  2605/20002.  Pursuant  to  the  same 
Regulation, anti-dumping duties were also imposed on imports of REWS originating 
in  the  People’s  Republic  of  China  and  the  Republic  of  Korea.  There  are  also  anti-
dumping measures in force on REWS originating in Japan and Singapore3. 

B. CURRENT INVESTIGATION 

1. 

Request for a review 

(2) 

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After  the  imposition  of  definitive  anti-dumping  duties  on  imports  of  REWS 
originating in Taiwan, the Commission received a request to initiate a ‘new exporter’ 
review  of  Regulation  (EC)  No  2605/2000,  pursuant  to  Article  11(4)  of  the  basic 
Regulation,  from  a  Taiwanese  company,  Charder  Electronic  Co.,  Ltd.  (‘Charder’). 
This  company  claimed  that  it  was  not  related  to  any  of  the  exporting  producers  in 

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). 
OJ L 301, 30.11.2000, p. 42. 
Council  Regulation  (EC)  No  468/2001  of  6  March  2001  imposing  a  definitive  anti-dumping  duty  on 
imports  of  certain  electronic  weighing  scales  originating  in  Japan  (OJ  L  67,  9.3.2001,  p.  24)  and 
Council  Regulation  (EC)  No  469/2001  of  6  March  2001  imposing  a  definitive  anti-dumping  duty  on 
imports of certain electronic weighing scales originating in Singapore (OJ L 67, 9.3.2001, p. 37). 

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Taiwan  subject  to  the  anti-dumping  measures  in  force  with  regard  to  REWS. 
Furthermore, it claimed that it had not exported REWS to the Community during the 
original  investigation  period  (i.e.  the  period  from  1  September  1998  to  31  August 
1999), but had started to export REWS to the Community thereafter. 

2. 

Initiation of a ‘new exporter’ review 

(3) 

(4) 

The  Commission  examined  the  evidence  submitted  by  Charder  and  considered  it 
sufficient to justify the initiation of a review in accordance with Article 11(4) of the 
basic  Regulation.  After  consultation  of  the  Advisory  Committee  and  after  the 
Community  industry  concerned  had  been  given  the  opportunity  to  comment,  the 
Commission  initiated,  by  Regulation  (EC)  No  2034/20034,  a  review  of  Regulation 
(EC) No 2605/2000 with regard to Charder and commenced its investigation. 

Pursuant to the Commission Regulation initiating the review, the anti-dumping duty of 
13.4% imposed by Regulation (EC) No 2605/2000 on imports of REWS produced by 
Charder  was  repealed.  Simultaneously,  pursuant  to  Article  14(5)  of  the  basic 
Regulation, customs authorities were directed to take appropriate steps to register such 
imports. 

3. 

Product concerned 

(5) 

The product covered by the current review is the same as in the original investigation, 
i.e. electronic weighing scales for use in the retail trade, having a maximum weighing 
capacity not exceeding 30 kg, 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), 
normally declared within CN code ex 8423 81 50 (TARIC code 8423 81 50 10) and 
originating in Taiwan. 

4. 

Parties concerned 

(6) 

(7) 

The  Commission  officially  advised  Charder  and  the  representatives  of  the  exporting 
country of the initiation of the review. Interested parties were given the opportunity to 
make their views known in writing and to be heard. 

The Commission also sent out a questionnaire to Charder and received a reply within 
the  deadline.  The  Commission  sought  and  verified  all  the  information  it  deemed 
necessary for the determination of dumping, and a verification visit was carried out at 
the  premises  of  Charder  and  of  a  company  in  the  Community  importing  products 
manufactured by Charder (‘the importer’). 

5. 

Investigation period 

(8) 

The  investigation  of  dumping  covered  the  period  from  1  October  2002  to  30 
September 2003 (‘the investigation period’, or ‘IP’). 

4 

OJ L 302, 20.11.2003, p. 3. 

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C. RESULTS OF THE INVESTIGATION 

(9) 

The  investigation  confirmed  that  Charder  had  not  exported  the  product  concerned 
during the original investigation period. 

(10)  Furthermore,  Charder  was  able  to  demonstrate  that  it  was  not  related  to  any  of  the 
exporters  or  producers  in  Taiwan  which  are  subject  to  the  anti-dumping  measures 
imposed on imports of REWS originating in Taiwan. 

(11)  However, Article 11(4) of the basic Regulation also requires that a new exporter has 
actually  exported  the  product  concerned  to  the  Community  following  the  original 
investigation  period  or  that  it  can  demonstrate  that  it  has  entered  into  an  irrevocable 
contractual obligation to export a significant quantity of the product concerned to the 
Community. In this respect, it was found that the products produced and exported to 
the Community by Charder during the IP, reported as the product concerned, were not 
in  a  condition  to  be  sold  to  end-users.  Although  these  products  were  declared  by 
Charder and the importer as the product concerned, they were found to be unfinished 
products and had different physical characteristics than the product concerned. These 
unfinished  products  were  further  processed  by  the  importer  and  transformed  into 
electronic weighing scales. Moreover, it should also be noted that none of the further 
processed scales were sold in the IP. For these reasons, the imported products cannot 
be classified as the product concerned. Furthermore, Charder did not demonstrate that 
it had entered into an irrevocable contractual obligation to export a significant quantity 
of the product concerned to the Community. 

(12)  For the above reasons, it is concluded that Charder was not able to demonstrate that it 
actually fulfilled the criteria to be considered as a new exporter within the meaning of 
Article 11(4) of the basic Regulation.  

D. TERMINATION OF THE REVIEW 

(13) 

In the light of the results of the investigation, the review should be terminated without 
amending the level of the duty applicable to Charder, which should be maintained at 
the  level  of  the  definitive  countrywide  anti-dumping  duty  rate  established  in  the 
original investigation, i.e. 13.4%. 

E. RETROACTIVE LEVYING OF THE ANTI-DUMPING DUTY 

(14) 

In the light of the above findings, the anti-dumping duty applicable to Charder shall be 
levied  retroactively  on  imports  of  the  product  concerned,  which  have  been  made 
subject  to  registration  pursuant  to  Article  3  of  Commission  Regulation  (EC)  No 
2034/2003. 

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F. DISCLOSURE 

(15)  All  parties  concerned  were  informed  of  the  essential  facts  and  considerations  on  the 
basis of which it was intended to terminate the present review and to impose the anti-
dumping  duty  retroactively  on  imports  made  subject  to  registration.  No  objections 
were raised to the facts and considerations disclosed. 

(16)  This  review  should  therefore  be  terminated  without  any  amendment  to  Council 

Regulation (EC) No 2605/2000, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

3. 

The  ‘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  Taiwan,  initiated  pursuant  to  Article  11(4)  of 
Council Regulation (EC) No 384/96, is hereby terminated without amending the anti-
dumping duties in force. 

The duty of 13.4% imposed by Council Regulation (EC) No 2605/2000 on imports 
of certain electronic weighing scales (REWS) originating, inter alia, in Taiwan shall 
be  levied  retroactively  on  imports  of  the  product  concerned,  which  have  been 
registered pursuant to Article 3 of Commission Regulation (EC) No 2034/2003. 

Unless  otherwise  specified,  the  provisions  in  force  concerning  customs  duties  shall 
apply. 

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

Article 2 

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

Done at Brussels,  

For the Council 
The President 

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