Council Regulation (EC) No 1942/2004 of 2 November 2004 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of okoumé plywood originating in the People's Republic of China
Date: 2004-11-02
Institutions: Council of the European Union
Subjects: China, anti-dumping duty, anti-dumping legislation, bonded wood, import, originating product

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COUNCIL REGULATION (EC) No 1942/2004

of 2 November 2004

imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on
imports of okoumé plywood originating in the People's Republic of China

THE COUNCIL OF THE EUROPEAN UNION,

writing. The parties who so requested were also granted
an opportunity to be heard orally.

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 9 thereof,

(4)

The Commission continued to seek and verify all infor-
mation it deemed necessary for its definitive findings.
After the imposition of provisional measures, an on-
spot verification visit was carried out at the premises of
Ekol Kontraplak, Taskopru, Turkey, in view of the fact
that Turkey was considered as a possible analogue
country for establishing normal value.

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

(5)

Whereas:

A. PROVISIONAL MEASURES

the essential

All parties were informed of
facts and
considerations on the basis of which it was intended to
recommend the imposition of definitive anti-dumping
duties and the definitive collection of amounts secured
by way of provisional duties. They were also granted a
period within which they could make representations
subsequent to this disclosure.

(1)

(2)

The Commission, by Regulation (EC) No 988/2004 (2)
imposed provisional anti-
(the provisional Regulation)
dumping duties on imports of okoumé plywood,
defined as plywood consisting solely of sheets of wood,
each ply not exceeding 6 mm thickness, with at least one
falling within CN code
outer
ex 4412 13 10, originating in the People's Republic of
China (PRC).

okoumé,

ply

of

(6)

The oral and written comments submitted by the parties
were considered, and, where appropriate,
the findings
have been modified accordingly.

C. PRODUCT CONCERNED AND LIKE PRODUCT

1. Product concerned

It is recalled that the investigation of dumping and injury
covered the period from 1 July 2002 to 30 June 2003
(investigation period or IP). The examination of trends
relevant for the injury analysis covered the period from 1
January 1999 to the end of the IP (period under consid-
eration).

(7)

currently

The product concerned is plywood consisting solely of
sheets of wood, each ply not exceeding 6 mm thickness,
with at least one outer ply of okoumé, originating in the
PRC,
code
ex 4412 13 10. This definition covers both plywood
made solely with okoumé (full okoumé) and plywood
with one or two outer faces made of okoumé (faced
okoumé), the inner layers being made of other species
of wood.

classifiable

within

CN

B. SUBSEQUENT PROCEDURE

(3)

Following the imposition of a provisional anti-dumping
duty on imports of okoumé plywood originating in the
PRC, some interested parties submitted comments in

(8)

(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 181, 18.5.2004, p. 5.

Several importers have argued that full okoumé and faced
okoumé cannot be considered the same product, since
the composition of the inner layers substantially affects
the characteristics of the plywood.
it was
argued that these products have significant differences
in price and use.

In addition,

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(9)

(10)

(11)

the

investigation,

it was
From the beginning of
recognised that okoumé plywood is produced in a
variety of different types and has a wide range of appli-
cations in the building, furniture, transport and other
industries. Some applications require particular okoumé
plywood types, while in others different types can be
used interchangeably. The most essential characteristic
of okoumé wood, however,
it can be peeled
into very
veneers without knots or other
large
blemishes, allowing plywood to be produced with a
good finish and a homogeneous, seamless surface. This
means
the essential characteristics of okoumé
plywood, which make it unique compared to other
types of plywood, reside in the appearance of its face
(outer) layers.

is that

that

rather

The inner layers of plywood can be made from a variety
of tropical or temperate wood species. When producing
plywood fully from tropical wood, okoumé plywood
producers tend to use okoumé in the inner layers, due
to the natural complementarities
in the production
than the particular characteristics of
process
tropical woods. The
okoumé as compared to other
type of wood, or woods, used in the inner
layers
clearly affects the cost of the final product, its properties
and its suitability for certain applications. It is considered,
however, that these aspects can be dealt adequately by
distinguishing different product types in the context of
the investigation, so that only the prices of
identical
plywood types are compared when assessing dumping
and injury. The product coding system used in the inves-
full
tigation distinguishes, among other characteristics,
okoumé from faced okoumé. Therefore, the claim that
full okoumé and faced okoumé cannot be considered the
same product was rejected.

In the provisional Regulation, it was decided to exclude
film-faced okoumé plywood from the scope of the inves-
tigation for the reasons set out in recital 19 of the provi-
sional Regulation. Film-faced okoumé plywood is made
from faced or full okoumé, covered by a film from other
materials. The Community Industry argued that
these
products should not be excluded, since they are part of
the same market as the remaining okoumé products.
However, the presence of a film over the surface of the
wood makes the above-mentioned essential character-
istics of okoumé plywood,
i.e. the exterior appearance,
much less relevant. Film-faced okoumé plywood does
therefore not share the same physical and technical char-
acteristics as the product concerned. Moreover, film-faced
okoumé plywood is mostly destined to one particular
application,
that of concrete casting, contrary to the
product concerned. Therefore, this argument should be
dismissed.

(12)

In the absence of any other comments, the conclusions
on the definition of the product concerned set out in
recitals 18 and 19 of
the provisional Regulation are
hereby confirmed.

2. Like product

(13)

Several parties submitted that
there are a number of
differences between the product concerned manufactured
in the PRC and the one manufactured and sold in the
Community by the Community industry, to the extent
that these products cannot be considered to be alike
within the meaning of Article 1(4) of the basic Regu-
lation. Specifically, it was claimed that:

(a)

the Chinese exporting producers sell faced okoumé,
whereas the Community industry sells full okoumé;

(b) the Chinese exporting producers sell

the standard
2 440 × 1 220 mm and 2 500 × 1 250 mm panel
sizes, whereas the Community industry sells the so-
called ‘jumbo’ sizes of 3 100 × 1 530 mm and 3 100
× 1 700 mm;

(c)

the Chinese exporting producers sell
plywood, whereas
weather-resistant, or exterior grade plywood;

interior grade
the Community industry sells

(d) the quality of the faces is generally lower in the case
exporting

sold by the Chinese

of
producers (B/BB against BB/CC quality);

the panels

(e)

the faces of the panels sold by the Chinese exporting
producers are thinner than those of the panels sold
by the Community industry (0,6 mm against 1 mm);

(f)

the quality of the inner layers is generally lower in
the case of the panels sold by the Chinese exporting
producers;

(g) the quality of the glue is generally lower in the case
exporting

sold by the Chinese

the panels

of
producers.

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(14)

(15)

(16)

as

as well

exporting producers,

Regarding the first three characteristics referred to under
recital 13(a) to 13(c), the investigation has shown that
the Chinese
the
Community industry, sold both full and faced okoumé,
both interior and exterior grade plywood, and a wide
range of panel
sizes. Since these characteristics are
normally shown in the sales documentation, they have
been included in the product control numbers (PCN) for
the purpose of calculating the dumping and injury
margins. Therefore, as far as those characteristics are
concerned, any differences are fully taken into account
and only like products are being compared.

factured and sold in the Community by the Community
industry, as far as they have been demonstrated, have
been fully taken into account either through the PCN
or via an adjustment. Since these differences in any
the product
the
event do not
concerned and the product manufactured and sold in
the Community by the Community industry have the
same basic characteristics and uses, the claim that the
product concerned and the product manufactured and
sold in the Community by the Community industry are
not alike, must be dismissed.

change

that

fact

The fourth characteristic mentioned under recital 13(d)
was not included in the PCN, since it is not mentioned in
the majority of transaction documents made available to
the Commission during the investigation. Based on the
transactions for which the quality grade of the faces was
indicated,
the Chinese exporting
producers, as well as the Community industry, sold a
variety of grades, and it did not appear that the grades
of the Community industry like product are typically of a
higher quality than those of
the Chinese exporting
producers.

found that

it was

it was

recognised that a majority of

The last
three characteristics referred to under recital
13(e) to 13(g) were also not included in the PCN, since
the transaction data.
they do not appear in most of
the
However,
faces than the
exports from the PRC have thinner
Community like product. Similarly,
the differences in
quality of gluing and of the inner layers, albeit variable,
is sufficiently generalised to play a role in some buyers'
perception, and should not be ignored. An adjustment
for these differences was thus applied when calculating
the undercutting and injury margins, as set out in recital
80 of the provisional Regulation.

(19)

In the absence of any other comments concerning the
like product, recital (20) of the provisional Regulation is
hereby confirmed.

D. DUMPING

1. Market economy treatment (MET)

(20) One exporting producer to which MET was not granted
stated that the Commission did not take into account the
comments it submitted after disclosure of the Commis-
sion's determinations. However,
its arguments were
examined and explicitly addressed in recitals 29 to 32
of the provisional Regulation. This claim was therefore
rejected.

(21) Another exporting producer which was considered to be
non-cooperating argued that it had cooperated with the
Commission. It should be noted that this same argument,
which had already been raised by the same company
after disclosure of
the Commission
the findings of
regarding MET, was specifically addressed in recitals 33
the provisional Regulation. This claim was
to 35 of
therefore rejected.

(17)

It should also be noted that these quality differences are
not sufficient to create a perception from the buyers that
the product concerned exported by the PRC is an entirely
different product. On the contrary,
the investigation
showed concrete instances where the Chinese exports
had replaced the Community industry products in the
purchases of some customers on the Community market.

(22)

In the absence of other comments, recitals 21 to 35 of
the provisional Regulation concerning market economy
treatment are hereby confirmed.

(18)

is therefore concluded that

It
the alleged differences
between the product concerned and the product manu-

(23)

In the absence of any comments, recitals 36 to 40 of the
provisional Regulation concerning individual treatment
are hereby confirmed.

2. Individual treatment

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3. Normal value

(29)

3.1. Determination of normal value for cooperating exporting

producers granted MET

Further to the publication of the provisional Regulation,
more comments on the original choice of Morocco were
importers and several Chinese
received from several
exporting producers. They argued that
the choice of
Morocco as an analogue market economy third country
was inappropriate because of an alleged difference in
quality between the okoumé plywood made by the
Chinese producers and the okoumé plywood made in
Morocco.

(24) One of the cooperating exporting producers claimed that
the calculation of the cost of its purchases of poplar
veneers, as explained in recital 49 of the provisional
Regulation, was not correct, and that some tax credits
these veneers
allegedly received on the purchase of
should have been deducted from this cost. By its
nature, such a claim should have been substantiated by
verifiable
in good time. The
company, however, was unable to provide sufficient
evidence that the VAT reimbursement effectively took
place, although it had been requested to do so during
the investigation at its premises. Therefore, this claim had
to be rejected.

submitted

evidence

(25)

It should be noted that minor adjustments due to clerical
errors were made after the publication of the provisional
Regulation in the calculation of the profit rate of three
cooperating exporting producers granted MET. This led
to a slight change in the normal values calculated for
them.

(26)

In the absence of other comments,
the provisional
findings concerning the determination of normal value
for cooperating exporting producers granted MET, as
described in recitals 41 to 51 of the provisional Regu-
lation, are hereby confirmed.

3.2. Determination of normal value for all exporting producers

not granted MET

(27) Morocco had provisionally been chosen as an analogue
market economy third country for the purpose of estab-
lishing normal value for the PRC. However, as set out in
recital (56) of the provisional Regulation, three exporting
producers had opposed this choice.

(28)

The Commission's investigation had shown that there
was only one producer on the Moroccan domestic
market, where, in addition, a high import customs duty
existed. Therefore,
it was decided to further investigate
whether a more suitable analogue country could be
chosen. Turkey, where one producer had accepted to
cooperate with the Commission, was envisaged as a
potential alternative analogue country.

(30)

(31)

It was found that on the Turkish market no high
customs duty was imposed and that several competitors
were producing okoumé plywood. In addition, the inves-
tigation later confirmed that the sales of the cooperating
Turkish producer were substantial and sufficiently repre-
sentative to establish a normal value for Chinese exports
of the product concerned. Therefore, it was decided to
choose Turkey as an analogue country.

In order to establish whether sales on the Turkish market
of the products comparable to those sold by the Chinese
exporting producers to the Community were made in the
ordinary course of trade, the domestic selling price was
compared to the full cost of production (i.e. the cost of
manufacturing plus selling, general and administrative
expenses). Since the large majority of the sales volume
of the types sold on the domestic market were sold in
the ordinary course of trade, normal value was based on
the domestic price for the comparable product types.

(32) An adjustment

for physical differences according to
Article 2(10)(a) of the basic Regulation was made to
the normal value, to take into account the difference in
the types of glue used for the comparable product types
sold in Turkey and for the product concerned.

4. Export price

(33)

In the absence of any comments, the provisional findings
concerning the determination of
the export price, as
described in recitals 60 and 61 of the provisional Regu-
lation, are hereby confirmed. However, with regard to the
determination of the export price for non-cooperating
exporters, the following change has been made: instead
of using as a basis a limited volume of sales for the
cooperating exporting producer who was not granted
MET,
faced
okoumé sales was used, which – on the basis of infor-
mation available – was generally more representative for
the large majority of Chinese exports.

the whole volume of

company's

this

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5. Comparison

(38)

(34) One exporting producer claimed that transport costs had
been unduly deducted from sales which had been made
on a fob basis. However, this adjustment was made only
after the entirety of the sales values had been converted
to a cif basis, according to a method agreed with the
company. Therefore, the claim had to be rejected.

the

country-wide

In the absence of any comments, the methodology for
calculating
as
described in recitals 67 to 69 of the provisional Regu-
lation, are hereby confirmed. Due to the use of Turkey as
analogue country, as explained in recitals 27 to 32, a
new country-wide level of dumping was established at
66,7 % of the cif Community frontier price, duty unpaid.

dumping margin,

(35) One exporting producer objected to an adjustment made
on its export price to take into account a deferred
discount granted to one of its traders, as described in
recital 63 of the provisional Regulation. The exporter
claimed that this discount was already reflected into the
prices as
the
company could not demonstrate during the investigation
that this was the case. Therefore, this claim had to be
rejected.

reported by the company. However,

E. COMMUNITY INDUSTRY

(39)

In the absence of any comments, the provisional findings
concerning the Community industry, as described in
recitals 70 to 72 of
the provisional Regulation, are
hereby confirmed.

(36) One exporting producer argued that

its sales of

It requested that

the
product concerned were made to different categories of
customers when for export or for its domestic market
and that the data submitted by the company showed
consistent price differences between the various cate-
gories of customers.
this should be
duly taken into account in the dumping calculation, in
the form of an adjustment of its export price for level of
trade, pursuant to Article 2(10)(d) of the basic Regu-
lation. Although this claim was deemed justified,
the
level of adjustment
requested by the exporter was
based on a single example, and was considered not repre-
sentative. After an analysis of the price data, an appro-
priate level of adjustment was quantified and applied to
the export price.

F. INJURY

1. Community consumption

(40)

In the absence of any comments, the provisional findings
concerning the Community consumption, as described in
recitals 74 to 75 of
the provisional Regulation, are
hereby confirmed.

2. Imports from the country concerned

(41)

6. Dumping margins

(37)

Some claims having been accepted, as set out above, and
the methodology and calculations refined, namely with
respect
the
dumping margins finally determined, expressed as a
percentage of
the cif Community frontier price, duty
unpaid, are:

the analogue country,

to the choice of

Company

Nantong Zongyi Plywood Co., Ltd

Zhejiang Deren Bamboo-Wood Technologies Co.,
Ltd

Zhonglin Enterprise (Dangshan) Co., Ltd

Jiaxing Jinlin Lumber Co., Ltd

Dumping
margin

9,6 %

23,5 %

6,5 %

17,0 %

the

for the generally recognised, but difficult

For the purpose of analysing price undercutting,
the
provisional Regulation added a 10 % adjustment to the
cooperating
CIF Community frontier price of
is intended to
exporting producers. This adjustment
account
to
quantify, difference in quality between the Community
and Chinese okoumé plywood. This adjustment was
established on the following basis. Information available
to the Commission concerning offers
from Chinese
producers of the product concerned with face thicknesses
of either 1 mm or 0,6 mm shows that the difference in
face thickness could mean a price difference of between
further quantified
In the absence of
3,5 % and 5,5 %.
information,
the
remaining quality aspects mentioned in recital 16,
namely the quality of gluing and of the inner layers,
could have a comparable impact importance to that of
face thickness. The cumulative impact of those quality
differences could thus correspond to a price difference
in the range of 10-15 %. It should be recalled, however,
that the abovementioned quality differences cannot be
verified on a transaction-by-transaction basis, and are
not likely to apply to the entirety of the exports from
the PRC during the investigation period. Rather,
the
investigation has
the Chinese exporting
shown that
producers offer products of varying and evolving
quality and characteristics.

it can reasonably be assumed that

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(42) One importer argued that the allowance should be 25 %
rather than 10 %, but did not provide any objective justi-
fication for the higher figure. Under those circumstances,
there appears to be no reason to change the approach set
out in the provisional Regulation.

(47)

(43)

In the absence of any other comments, the conclusions
drawn in recitals 76 to 81 of the provisional Regulation
are hereby confirmed.

3. Situation of the Community industry

G. CAUSATION

the profitability of

to the point of breaking the causal

Two exporters submitted that the increase in average unit
costs of the Community industry in the period under
consideration was a significant factor behind the dete-
the Community
rioration of
industry,
link
between dumping and injury. As noted in recital 113
of the provisional Regulation, the development in costs
of the sampled Community producers is not out of line
with the development of costs and prices
in the
type of cost
Community in general. As
increases,
raw materials, do not
such as
represent an external
factor with which this industry
would not be able to cope under normal economic
the strong price
conditions and in the absence of
pressure
particular.
Furthermore, at least part of the observed increase in
average costs may be attributed to lower capacity utili-
sation and to a shift towards more expensive product
types, which are in turn related to the competition
from the dumped imports. The
cannot,
therefore, be accepted.

argument

those of

dumped

imports

such,

this

the

by

in

(44)

Two exporting producers questioned the injurious impact
of imports by pointing out that prices have remained
increase of 3 %, or a
rather stable, with a nominal
slight decrease in real terms, during the period under
consideration.
It should be recalled, however, that the
average prices shown in recital 91 of the provisional
Regulation refer to a range of different product types,
of which the lower-priced types suffered most from the
effects of the Chinese imports. Even if the prices of these
lower-priced products had decreased throughout
the
period, since their relative share in the product mix
also decreased, the overall price per cubic meter would
not have decreased necessarily. This shift in the product
mix of the Community producers was already pointed
out
the provisional Regulation.
Furthermore, at
the time the Chinese exports surged
into the Community market, the Community industry
was emerging from a downturn characterised by rela-
tively low selling margins.
the
Community industry did not have much room to face
competition by decreasing its prices, and most of the
imports took place via a volume
injurious effects of
effect, as explained in recitals 85 to 90 of the provisional
Regulation. Therefore,
the above argument has to be
rejected.

In such conditions,

in recital 91 of

(45)

In the absence of any other comments, the conclusions
drawn in recitals 82 to 99 of the provisional Regulation
are hereby confirmed.

4. Conclusion on injury

(46)

In the absence of any other comments on the injury
findings, the conclusions reached, as set out in recitals
100 to 102 of the provisional Regulation, are hereby
confirmed.

less

the PRC consist of

(48) With regard to the possible effect of imports originating
in third countries other than the PRC, recital 109 of the
provisional Regulation noted that the average prices of
other major exporters, such as Gabon and Morocco, are
about 50 % higher than those of the PRC and could
therefore not be considered a determinant factor in the
injury to the Community industry. One importer pointed
out that the exports of those two countries concerned
exclusively or mostly full okoumé, whereas the majority
of
faced okoumé,
the exports of
which is by nature
expensive. Although this
the price difference between
remark may be correct,
the prices of full and faced okoumé, which the investi-
gation has shown to be around 15 %, does not account
for
above.
Furthermore, the findings set out in the provisional Regu-
lation, that these countries' market shares are much lower
than that of the PRC, and that the volume and prices of
their exports have remained relatively stable throughout
the period under consideration, remain valid. Therefore,
invalidate the
the above-mentioned remark does not
conclusion that imports from these third countries did
not exert a competitive pressure on the Community
industry to the extent that imports from the PRC did,
and have not been a determining reason for the injurious
situation of the Community industry.

difference mentioned

the 50 % price

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(49)

situation of

The same exporters argued that the decline of the export
performance of the Community industry, mentioned in
recital 111 of
the provisional Regulation, was not
negligible and, added to other factors not related to the
Chinese exports, would account for the deterioration of
the Community industry.
the financial
Although exports of
the Community industry indeed
decreased, by nearly 2 000 tonnes over 3,5 years, as
explained in recital (111) of the provisional Regulation,
this decline cannot be compared to the impact of
Chinese exports into the Community market, which
reached more than 80 000 tonnes in 2,5 years between
2 000 and the IP. This argument is therefore dismissed.

I. DEFINITIVE ANTI-DUMPING MEASURES

1. Injury elimination level

(54)

In the absence of any comments, the methodology used
for establishing the injury elimination level, as described
in recitals 128 to 132 of the provisional Regulation, is
hereby confirmed.

(55)

Based on this methodology, an injury elimination level
has been calculated for the purposes of establishing the
level of measures to be definitively imposed.

(50)

In the absence of any other comments on causation, the
findings and the conclusion reached, as set out in recitals
103 to 117 of the provisional Regulation, are hereby
confirmed.

H. COMMUNITY INTEREST

interest

aspects.

in the

impact of

analysis of

the Community

traders and consumers

the Commission failed to
Two exporters argued that
the
provide
an economic
in its
measures upon users,
assessment of
It
should first be noted that exporters do not have
standing
examination of
Community interest. Nevertheless, with regard to the
substance of the argument,
it should be recalled that
no users, traders or consumers have cooperated in the
investigation or come forward during the proceeding,
and that therefore no specific data is available to the
Commission to quantify such an impact. Therefore, this
argument cannot be accepted.

context of

the

(51)

(52)

It was further argued by one importer that the country-
wide duty of 48,5 % was prohibitive and that the limited
number of suppliers of okoumé products in Europe
would lead to a lack of competition in Europe, to the
detriment of user industries. As noted in recital 125 of
the provisional Regulation, however, the anti-dumping
measures are intended only to restore a level playing
field in this market, and not to foreclose competition,
which should be ensured in view of
the number of
different producers and exporting countries besides
China. Therefore, this argument must be dismissed.

(58)

(53)

In the absence of any other new information submitted
on the Community interest,
findings and the
conclusion reached, as set out in recitals 118 to 127
of the provisional Regulation, are hereby confirmed.

the

2. Form and level of the duties

(56)

In the light of the foregoing and in accordance with
Article 9(4) of the basic Regulation, a definitive anti-
dumping duty should be imposed at the level of the
the exporting
dumping margins found, since for all
producers concerned the injury margins were found to
be higher than the dumping margins.

(57) On the basis of the above, the definitive duties are as

follows:

Company

Nantong Zongyi Plywood Co., Ltd

Zhejiang Deren Bamboo-Wood Technologies Co.,
Ltd

Zhonglin Enterprise (Dangshan) Co., Ltd

Jiaxing Jinlin Lumber Co., Ltd

Country-wide dumping margin

Dumping
margin

9,6 %

23,5 %

6,5 %

17,0 %

66,7 %

the

duty

company

individual

findings of

the present

anti-dumping

(as opposed to the

The
rates
specified in this Regulation were established on the
basis of
investigation.
Therefore, they reflect the situation found during that
to these companies. These
investigation with respect
duty rates
country-wide duty
applicable to ‘all other companies’) are thus exclusively
applicable to imports of products originating in the
country concerned and produced by the companies and
thus by the specific legal entities mentioned. Imported
products produced by any other company not specifically
mentioned in the operative part of this Regulation with
its name and address, including entities related to those
specifically mentioned, cannot benefit from these rates
and shall be subject to the duty rate applicable to ‘all
other companies’.

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(e.g.

(59) Any claim requesting the application of these individual
following a
company anti-dumping duty rates
change in the name of
the entity or following the
setting up of new production or sales entities) should
be addressed to the Commission (1) forthwith with all
relevant information,
in particular any modification in
the company's activities linked to production, domestic
and export sales associated with, for example, that name
that change in the production and sales
change or
then be
entities.
amended accordingly by updating the list of companies
benefiting from individual duty rates.

the Regulation will

If appropriate,

(60)

(61)

In order to minimise the risks of circumvention due to
the substantial level of non-cooperation (80 %) and the
high difference in the amounts of duty, it is considered
that special provisions are needed in this case to ensure
the proper application of the anti-dumping duty.

invoice, which shall

These special provisions include the presentation to the
the Member States of a valid
customs authorities of
commercial
conform to the
requirements set out in the Annex to the Regulation.
Only imports accompanied by such an invoice shall be
declared under the applicable Taric additional codes of
the producer in question. Imports not accompanied by
such an invoice shall be made subject to the residual
anti-dumping duty applicable to all other exporters.
The companies concerned have also been invited to
submit regular reports to the Commission in order to
ensure a proper follow up of
their sales of okoumé
plywood to the Community. In cases where reports are
not submitted, or where the reports disclose that the
measures are not adequate to eliminate the effects of
injurious dumping,
it may be necessary to initiate an
interim review in accordance with Article 11(3) of the
basic Regulation. This could, inter alia, examine the need
for
individual duty rates and the
consequent imposition of a country-wide duty.

the removal of

3. Undertakings

(62)

Subsequent to the adoption of provisional anti-dumping
measures, and in accordance with Article 8(1) of the
basic Regulation, one cooperating exporting producer
an undertaking.
expressed its willingness
However, the minimum export prices that the company
was prepared to offer for certain products were at levels
which did not eliminate the injurious effects of
the
dumping. Accordingly, this offer could not be accepted.

to offer

4. Collection of provisional duties

Community industry, it is considered necessary that the
amounts secured by way of the provisional anti-dumping
duty, imposed by the provisional Regulation, i.e. Regu-
lation (EC) No 988/2004, be collected definitively to the
extent of the amount of the duty definitively imposed by
the present Regulation if this amount is equal to or lower
than the amount of
the provisional duty. Where the
definitive duties are higher than the provisional duties,
only the amounts secured at the level of the provisional
duties should be collected definitively.

(64) As set out in recital 11, film-faced okoumé plywood has
been excluded from the scope of the investigation. Given
that Article 1(1) of the provisional Regulation did not
provide for such an exclusion, any amounts secured for
this product types should be released,

HAS ADOPTED THIS REGULATION:

Article 1

A definitive anti-dumping duty is hereby imposed on
1.
imports of okoumé plywood, defined as plywood consisting
solely of sheets of wood, each ply not exceeding 6 mm
thickness, with at least one outer ply of okoumé not coated
by a permanent film of other materials, falling within CN code
ex 4412 13 10 (TARIC code 4412 13 10 10) and originating in
the People's Republic of China.

2.
The rate of the definitive anti-dumping duty applicable to
the net, free-at-Community-frontier price, before duty, shall be
as follows, provided that they are imported in conformity with
paragraph 3:

Manufacturer

Rate of
duty
%

TARIC
additional
code

Nantong Zongyi Plywood Co., Ltd
Xingdong
Province, People's Republic of China

Tongzhou City,

Town,

Jiangsu

9,6

A526

Zhejiang Deren Bamboo-Wood Technologies
Co., Ltd
Linhai Economic Development Zone, Zhejiang,
People's Republic of China

23,5

A527

Zhonglin Enterprise (Dangshan) Co., Ltd
Xue Lou Miao Pu, Dangshan County, Anhui
Province 235323, People's Republic of China

6,5

A528

(63)

In view of the magnitude of the dumping margins found
and in the light of the level of the injury caused to the

Jiaxing Jinlin Lumber Co., Ltd
North of Ganyao Town,
Province, People's Republic of China

Jiashan, Zhejiang

(1) European Commission, Directorate-General for Trade, Direction B,

office J-79 5/16, B-1049 Brussels.

All other companies

17,0

66,7

A529

A999

L 336/12

EN

Official Journal of the European Union

12.11.2004

The application of the individual duty rates specified for
3.
the four companies mentioned in paragraph 2 shall be condi-
tional upon presentation to the customs authorities of
the
Member States of a valid commercial
invoice, which shall
conform to the requirements set out in the Annex. If no such
invoice is presented,
the duty rate applicable to all other
companies shall apply.

Unless otherwise

4.
concerning customs duties shall apply.

specified,

the provisions

in force

falling within CN code
imports of okoumé plywood
ex 4412 13 10 (TARIC code 4412 13 10 10), originating in
the People's Republic of China shall be definitively collected,
in accordance with the rules set out below. The amounts
the definitive anti-
secured in excess of
dumping duties shall be released. Where the definitive duties
are higher than the provisional duties, only the amounts secured
the provisional duties shall be definitively
at
the level of
collected. Amounts
film-faced
okoumé plywood should be released.

the amount of

the import of

secured for

Article 2

Article 3

Amounts secured by way of provisional anti-dumping duties
to Commission Regulation (EC) No 988/2004 on
pursuant

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

ANNEX

The valid commercial invoice referred to in Article 1(3) of the Regulation must include a declaration signed by an official
of the company, in the following format:

1.

2.

the name and function of the official of the company which has issued the commercial invoice;

the following declaration:
‘I, the undersigned, certify that the (volume) of okoumé plywood sold for export to the European Community covered
by this invoice was manufactured by (company name and address) (TARIC additional code) in (country); I declare that
the information provided in this invoice is complete and correct.’;

3. Date and signature.