Commission Regulation (EC) No 2231/2004 of 23 December 2004 terminating the investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 119/97 on imports of certain ring binder mechanisms originating in the People’s Republic of China by imports of certain ring binder mechanisms consigned from Thailand, whether declared as originating in Thailand or not, and terminating the registration of such imports imposed by Regulation (EC) No 844/2004
Date: 2004-12-23
Institutions: European Commission
Subjects: China, Thailand, anti-dumping duty, anti-dumping measure, import, office supplies, originating product

L 379/68

EN

Official Journal of the European Union

24.12.2004

COMMISSION REGULATION (EC) No 2231/2004

of 23 December 2004

terminating the investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 119/97 on imports of certain ring binder mechanisms
originating in the People’s Republic of China by imports of certain ring binder mechanisms
consigned from Thailand, whether declared as originating in Thailand or not, and terminating the
registration of such imports imposed by Regulation (EC) No 844/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

By Council Regulation (EC) No 2074/2004 (3),
the
existing anti-dumping measures were extended for four
years.

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
(‘the
countries not members of the European Community (1)
basic Regulation’) and in particular Article 13 thereof,

(4)

After consulting the Advisory Committee,

Whereas:

(1)

A. PROCEDURE

the Council

(‘the original Regu-
By Regulation (EC) No 119/97 (2)
lation’),
imposed definitive anti-dumping
duties ranging from 32.5 % to 39.4 % on imports of
certain ring binder mechanisms (‘RBMs’) originating in
the People’s Republic of China (‘PRC’). These rates of
duty were applicable to RBMs other than those with
17 or 23 rings, while RBMs with 17 and 23 rings
were subject to a duty equal to the difference between
the minimum import price (MIP) of EUR 325 per 1 000
pieces and the free-at-Community-frontier not cleared
through customs price whenever the latter was lower
than the MIP.

On 29 April 2004, by Regulation (EC) No 844/2004 (4)
(‘the initiating Regulation’), the Commission initiated on
its own initiative an investigation pursuant
to Article
13(3) of the basic Regulation concerning the possible
circumvention of anti-dumping measures imposed by
Council Regulation (EC) No 119/97 on imports of
certain ring binder mechanisms originating in the
People’s Republic of China by imports of certain ring
binder mechanisms consigned from Thailand, whether
declared as originating in Thailand or not, and making
such imports subject to registration. The Commission
had at its disposal sufficient prima facie evidence that
there had been a significant change in the pattern of
trade involving exports of RBMs from the PRC and
Thailand to the EU,
imposition of
measures on imports of RBMs originating in the PRC.
This change in the pattern of trade was alleged to stem
from the transhipment of RBMs originating in the PRC
via Thailand. Moreover, there was sufficient prima facie
evidence showing that the remedial effects of the existing
anti-dumping duties on certain ring binder mechanisms
originating in the PRC were being undermined both in
terms of quantities and prices and that dumping took
place in relation to the normal values previously estab-
lished.

following the

(2)

By Regulation (EC) No 2100/2000 the Council amended
and increased the abovementioned duties for certain
RBMs other than 17 or 23 rings, following an investi-
gation pursuant to Article 12 of the basic Regulation.
The amended duties ranged from 51.2 % to 78.8 %.

(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 22, 24.1.1997, p. 1. Regulation as amended by (EC) No

2100/2000 (OJ L 250, 5.10.2000, p. 1).

(5)

The product concerned is, as defined in the original
Regulation, certain RBMs currently classifiable within
CN code ex 8305 10 00. These RBMs consist of
two
rectangular steel sheets or wires with at least four half-
rings made of steel wire fixed on it and which are kept
together by a steel cover. They can be opened either by
pulling the half rings or by using a small steel-made
trigger mechanism fixed to the RBM.

(3) OJ L 359, 4.12.2004, p. 11.
(4) OJ L 127, 29.4.2004, p. 67.

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Official Journal of the European Union

L 379/69

(6)

(7)

(8)

(9)

B. INVESTIGATION

The Commission officially advised the authorities of the
PRC and Thailand, the producers/exporters in Thailand
and the PRC as well as the importers in the Community
known to the Commission from the initiation of the
investigation. Questionnaires were sent to the producer-
in Thailand and the PRC, and to the
s/exporters
importers in the Community.
Interested parties were
given the opportunity to make their views known in
writing and to request a hearing within the time limit
set in the initiating Regulation. The Commission also
held a meeting with representatives of
the Thai
Government.

in Thailand and its

One producer/exporter
related
Chinese producing exporter submitted a complete reply
to the questionnaire, whilst two other Chinese producing
exporters argued that they had no or very few sales to
Thailand and therefore submitted either no reply or
to the questionnaire
insufficient
were
in the
Community. The Commission carried out verification
visits at
the following producers/ex-
porters:

information. Replies

also submitted by

the premises of

importers

three

— Thai Stationery Industry Co. Ltd, Thailand (‘TSI’),

— Wah Hing Stationery Manufactory Limited, Hong

Kong (‘WHS’).

of any evidence to the contrary, it was concluded that
TSI was the sole exporter of RBMs in Thailand.

(10)

The investigation showed that in the initial phases, after
TSI had set up operations in Thailand, the Thai company
only assembled components of RBMs that were imported
from WHS’s Chinese production plant and exported the
finished RBMs to the Community.

(11) However, there is evidence that WHS gradually shifted
the entire production of RBMs subject to the existing
anti-dumping measures to TSI. WHS transferred both
including elec-
manpower and all necessary machinery,
troplating facilities, from their Chinese production plant.
In 2002, all necessary machinery for producing RBMs
was already available to TSI.

(12)

In addition, no evidence could be found that TSI further
imported components of RBMs from the PRC during the
IP.

from components)

(13) Moreover, it was found that the quantity of raw materials
(as distinct
imported by TSI was
sufficient to produce the quantity of RBMs exported to
the Community during the IP. Parallel to the increase of
TSI’s own production of RBMs,
the quantity of raw
material
imported into Thailand by TSI increased from
2000 to 2002 and remained stable in 2002 and 2003.
Also, the data available for the imports of raw materials
in the first six months of 2004 indicates a stable
production for this period as compared to 2003.

The investigation period covered the period of 1 January
2003 to 31 December 2003 (‘IP’). Data was collected
from 2000 to the end of
the IP to investigate the
change in the pattern of trade.

(14)

The investigation showed that at least from 1 January
2003 onwards,
i.e. the beginning of the IP, TSI was
indeed able to produce the quantity of RBMs exported
to the EU on its own. Therefore, it was concluded that
TSI has to be considered as a genuine producer of certain
RBMs. In these circumstances, it is considered that trans-
hipment of RBMs via Thailand has not taken place in the
IP.

C. RESULTS OF THE INVESTIGATION

TSI, the sole exporter of RBMs in Thailand, was set up in
1998, i.e. one year after the imposition of anti-dumping
duties on certain RBMs from the PRC. The company is a
subsidiary of WHS, a Hong Kong-based trading company
for RBMs that also owns a RBMs production plant in the
PRC. TSI’s exports to the Community in the IP accounted
for 100 % of Community imports from Thailand as
shown by Eurostat. On this basis, and in the absence

(15)

it is also considered that the
Based on these findings,
companies investigated did not fulfil the criteria set out
in Article 13(2) of the basic Regulation as TSI is not an
assembly operation. This conclusion is based on the
interpretation of Article 13(2) as being lex specialis for
assembly operations.

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Official Journal of the European Union

24.12.2004

D. TERMINATION OF THE INVESTIGATION

(16)

the above findings and considerations,

In light of
it
appears appropriate that the current circumvention inves-
tigation should be terminated. The registration of imports
of certain ring binder mechanisms introduced by the
initiating Regulation should therefore be discontinued
and that Regulation should be repealed.

(17)

The interested parties were consulted on the proposed
course of action and raised no objections thereto.

HAS ADOPTED THIS REGULATION:

certain ring binder
Republic of China by
mechanisms consigned from Thailand, whether declared as
originating in Thailand or not, and making such imports
subject to registration is hereby terminated.

imports of

Article 2

Customs authorities are hereby directed to discontinue the regis-
tration of imports established in accordance with Article 2 of
Regulation (EC) No 844/2004.

Article 3

Article 1

Regulation (EC) No 844/2004 is hereby repealed.

The investigation initiated by Regulation (EC) No 844/2004
concerning the possible circumvention of
the anti-dumping
measures imposed by Regulation (EC) No 119/97 on imports
of certain ring binder mechanisms originating in the People’s

Article 4

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, 23 December 2004.

For the Commission

Peter MANDELSON
Member of the Commission