Council Regulation (EC) No 1941/2004 of 2 November 2004 terminating the ‘new exporter’ review of Regulation (EC) No 2605/2000 imposing definitive anti-dumping duties on imports of certain electronic weighing scales (REWS) originating, inter alia, in Taiwan
Date: 2004-11-02
Institutions: Council of the European Union
Subjects: Taiwan, anti-dumping duty, anti-dumping legislation, electronic device, import, measuring equipment, originating product

12.11.2004

EN

Official Journal of the European Union

L 336/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1941/2004

of 2 November 2004
terminating the ‘new exporter’ review of 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
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 11(4) thereof,

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

Whereas:

A. MEASURES IN FORCE

(1)

of

certain electronic weighing

The measures currently in force on imports into the
scales
Community
(REWS) originating in Taiwan are definitive
anti-
dumping duties
imposed by Regulation (EC) No
2605/2000 (2). 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
Singapore (3).

B. CURRENT INVESTIGATION

1. Request for a review

(2)

After the imposition of definitive anti-dumping duties on
imports of REWS originating in Taiwan, the Commission

(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 301, 30.11.2000, p. 42. Regulation as

amended by
Commission Regulation (EC) No 1408/2004 (OJ L 256, 3.8.2004,
p. 8).

(3) 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 elec-
tronic weighing scales originating in Singapore (OJ L 67, 9.3.2001,
p. 37).

received a request to initiate a ‘new exporter’ review of
Regulation (EC) No 2605/2000, pursuant
to Article
from a Taiwanese
the basic Regulation,
11(4) of
company, Charder Electronic Co., Ltd (Charder). This
company claimed that it was not related to any of the
in Taiwan subject
exporting producers
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

sufficient

The Commission examined the evidence submitted by
Charder and considered it
to justify the
initiation of a review in accordance with Article 11(4)
of
the
the basic Regulation. After consultation of
Advisory Committee and after the Community industry
concerned had been given the opportunity to comment,
the Commission initiated, by Regulation (EC) No
2034/2003 (4),
(EC) No
2605/2000 with regard to Charder and commenced its
investigation.

review of Regulation

a

Pursuant to Regulation (EC) No 2034/2003 initiating the
review,
the anti-dumping duty of 13,4 % imposed by
Regulation (EC) No 2605/2000 on imports of REWS
repealed. Simultaneously,
produced by Charder was
pursuant
the basic Regulation,
customs authorities were directed to take appropriate
steps to register such imports.

to Article 14(5) of

3. Product concerned

investigation,

The product covered by the current review is the same as
i.e. electronic weighing
in the original
scales for use in the retail trade, having a maximum
weighing capacity not exceeding 30 kg, which incor-
porate 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 origi-
nating in Taiwan.

(3)

(4)

(5)

(4) OJ L 302, 20.11.2003, p. 3.

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Official Journal of the European Union

12.11.2004

(6)

(7)

4. Parties concerned

The Commission officially advised Charder and the repre-
sentatives 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.

it should also be noted that none of

These unfinished products were further processed by the
importer and transformed into electronic weighing scales.
Moreover,
the
further processed scales were sold in the IP. For these
reasons, the imported products cannot be classified as the
Furthermore, Charder did not
product
demonstrate that
it had entered into an irrevocable
contractual obligation to export a significant quantity
of the product concerned to the Community.

concerned.

a

received

reply within the

The Commission also sent out a questionnaire to Charder
and
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).

(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.

5. Investigation period

D. TERMINATION OF THE REVIEW

(8)

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

(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
i.e.
13,4 %.

investigation,

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 obli-
gation to export a significant quantity of the product
concerned to the Community.
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
than the product concerned.
physical characteristics

In this respect,

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
Regulation (EC) No 2034/2003.

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 Regulation (EC) No 2605/2000,

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HAS ADOPTED THIS REGULATION:

Article 1

inter alia, in Taiwan shall be levied retro-
(REWS) originating,
actively on imports of the product concerned, which have been
registered pursuant
to Article 3 of Regulation (EC) No
2034/2003.

‘new exporter’

The

review of Regulation (EC) No
1.
2605/2000 imposing
duties on
imports of certain electronic weighing scales (REWS) origi-
nating, inter alia, in Taiwan, initiated pursuant to Article 11(4)
is hereby terminated without
of Regulation (EC) No 384/96,
amending the anti-dumping duties in force.

anti-dumping

definitive

Unless otherwise

3.
concerning customs duties shall apply.

specified,

the provisions

in force

Article 2

2.
The duty of 13,4 % imposed by Regulation (EC) No
2605/2000 on imports of certain electronic weighing scales

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, 2 November 2004.

For the Council
The President

B. R. BOT