Commission Regulation (EC) No 559/2005 of 12 April 2005 on initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 2074/2004 on imports of certain ring binder mechanisms originating in the People’s Republic of China by imports of certain ring binder mechanisms consigned from Lao People’s Democratic Republic, whether declared as originating in Lao People’s Democratic Republic or not and making such imports subject to registration
Date: 2005-04-12
Institutions: European Commission
Subjects: China, Laos, anti-dumping legislation, application of EU law, office supplies

L 94/26

EN

Official Journal of the European Union

13.4.2005

COMMISSION REGULATION (EC) No 559/2005

of 12 April 2005

on initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 2074/2004 on imports of certain ring binder
mechanisms originating in the People’s Republic of China by imports of certain ring binder
mechanisms consigned from Lao People’s Democratic Republic, whether declared as originating
in Lao People’s Democratic Republic or not and making such imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

C. EXISTING MEASURES

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 Articles 13(3), 14(3)
and 14(5) thereof,

(5)

(6)

After having consulted the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. REQUEST

The Commission has received a request pursuant
to
Article 13(3) of the basic Regulation to investigate the
possible circumvention of
the anti-dumping measures
imposed on imports of certain ring binder mechanisms
originating in the People’s Republic of China.

The request has been lodged on 28 February 2005 by
Ring Alliance Ringbuchtechnik GmbH on behalf of
the
producers
Community
binder
mechanisms.

70 % of
ring

representing more

than
certain

production

of

B. PRODUCT

The product concerned by the possible circumvention is
certain ring binder mechanisms normally declared under
CN code ex 8305 10 00 originating in the People’s
Republic of China (PRC). This CN code is given only
for information.

The product under investigation is certain ring binder
mechanisms consigned from Lao People’s Democratic
normally
Republic
declared under
the product
concerned originating in the People’s Republic of China.

investigation)
codes

under
same

(product

the

as

The measures currently in force and possibly being
circumvented are anti-dumping measures imposed by
Council Regulation (EC) No 2074/2004 (2) as extended
to imports of
consigned from
Vietnam (3).

same product

the

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 circumvented by means of transhipment via
Lao People’s Democratic Republic and/or by assembly
in Lao People’s Democratic Republic 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 product under investi-
gation have increased substantially, whereas imports
of the product concerned originating in the People’s
Republic of China have decreased following the
imposition of measures, and that there is insufficient
due cause or justification other than the imposition
of the duty for such a change.

transhipment

— This change in the pattern of trade appears to stem
from a
binder
of
mechanisms originating in the People's Republic of
China via Lao People’s Democratic Republic and/or
the assembly of certain ring binder mechanisms in
Lao People’s Democratic Republic.

certain

ring

— Furthermore,

the

that

evidence

remedial

effects of

concerned originating

the request contains sufficient prima
the
facie
existing anti-dumping measures on imports of the
People’s
product
Republic of China are being undermined in terms
of quantity and prices. Significant volumes of
imports of certain ring binder mechanisms from
Lao People’s Democratic Republic appear to have
replaced imports of
the product concerned origi-
nating in the People’s Republic of China.

in the

(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 359, 4.12.2004, p. 11.
(3) Council Regulation (EC) No 1208/2004 (OJ L 232, 1.7.2004, p. 1).

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Official Journal of the European Union

L 94/27

— Finally,

the request contains sufficient prima facie
evidence that the prices of the product under inves-
tigation are dumped in relation to the normal value
previously
binder
for
mechanisms originating in the People’s Republic of
China.

established

certain

ring

(b) Collection of information and holding of hearings

(11) All

interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence.
the Commission may hear
interested parties, provided that they make a request in
writing and show that there are particular reasons why
they should be heard.

Furthermore,

— Should circumvention practices via Lao People’s
Democratic Republic covered by Article 13 of the
basic Regulation, other
and
assembly, be identified in the course of the investi-
gation, the investigation may cover these practices
also.

than transhipment

(7)

(8)

(9)

E. PROCEDURE

In light of the above, the Commission has concluded that
sufficient evidence exists to justify the initiation of an
investigation pursuant to Article 13 of the basic Regu-
lation and to make imports of certain ring binder
mechanisms consigned from Lao People’s Democratic
Republic, whether declared as originating
in Lao
People’s Democratic Republic or not, subject to regis-
in accordance with Article 14(5) of the Basic
tration,
Regulation.

(a) Questionnaires

exporters/producers

In order to obtain the information it deems necessary for
its investigation,
the Commission will send question-
naires to the exporters/producers and to the associations
in Lao People’s Democratic
of
Republic, to the exporters/producers and to the asso-
ciations of exporters/producers in the People’s Republic
of China, to the importers and to the associations of
importers in the Community which cooperated in the
investigation that
lead to the existing measures or
which are listed in the request and to the authorities of
the People’s Republic of China and Lao People’s Demo-
cratic Republic. Information, as appropriate, may also be
sought from the Community industry.

interested parties should contact the
In any event all
Commission forthwith, but not
than the time
later
limit set in Article 3 in order to find out whether they
are listed in the request and, if necessary, request a ques-
tionnaire 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.

(12)

(13)

(c) Exemption of registration of imports or measures

Since the possible circumvention takes place outside the
Community, exemptions may be granted, in accordance
with Article 13(4) of the basic Regulation, to producers
of the 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 Regu-
lation. 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.

F. REGISTRATION

the product under

Pursuant to Article 14(5) of the basic Regulation, imports
investigation should be made
of
subject to registration in order to ensure that, should
the investigation result
in findings of circumvention,
anti-dumping duties of an appropriate amount can be
registration of
levied retroactively from the date of
such imports consigned from Lao People’s Democratic
Republic.

G. TIME LIMITS

(14)

In the interest of sound administration,
should be stated within which:

time limits

— interested parties may make themselves known to the
Commission, present
in writing and
submit questionnaire replies or any other information
to be taken into account during the investigation,

their views

— producers in Lao People’s Democratic Republic may
request exemption from registration of imports or
measures,

— interested parties may make a written request to be

heard by the Commission.

(10)

The authorities of the People’s Republic of China and Lao
People’s Democratic Republic will be notified of
the
initiation of the investigation and provided with a copy
of the request.

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

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Official Journal of the European Union

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H. NON-COOPERATION

Article 3

(16)

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,
provisional 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.

(17) Where it is found that any interested party has supplied
false or misleading information, the information shall be
disregarded and use may be made,
in accordance with
Article 18 of the 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 Regu-
lation, the result may be less favourable to the party than
if it had cooperated,

HAS ADOPTED THIS REGULATION:

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 certain ring binder mechanisms, falling
within CN code ex 8305 10 00 (TARIC code 8305 10 00 13
and 8305 10 00 23), consigned from Lao People’s Democratic
Republic, whether declared as originating in Lao People’s Demo-
cratic Republic or not, are circumventing the measures imposed
by Regulation (EC) No 2074/2004.

For the purpose of this Regulation, ring binder mechanisms
shall 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
steel-made trigger
rings or with a small
mechanism fixed to the ring binder mechanism.

Article 2

The Customs authorities are hereby directed, pursuant
to
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 manufactured by producers having applied for an
exemption of registration and having been found not to be
circumventing the anti-dumping duties.

Questionnaires should be requested from the Commission
this Regulation in the

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

If their representations are to be taken into account during
2.
interested parties must make themselves
the investigation,
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

Producers in Lao People’s Democratic Republic requesting
3.
imports or measures should
exemption from registration of
submit a request duly supported by evidence within the same
40-day time limit.

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-
mail address,
the
fax and/or
telephone,
interested party. All written submission,
including the infor-
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’ and should be sent
to the following
address:

telex numbers of

European Commission
Directorate-General for Trade
Directorate B
J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05.

Article 4

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

(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
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).

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

Done at Brussels, 12 April 2005.

For the Commission

Peter MANDELSON
Member of the Commission