Notice of initiation of an anti-dumping proceeding concerning imports of lever arch mechanisms originating in the People's Republic of China
Date: 2005-04-28
Institutions: European Commission
Subjects: China, anti-dumping legislation, office supplies

C 103/18

EN

Official Journal of the European Union

28.4.2005

Notice of initiation of an anti-dumping proceeding concerning imports of lever arch mechanisms
originating in the People's Republic of China

(2005/C 103/07)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1) (‘the basic Regu-
lation’), alleging that imports of lever arch mechanisms, origin-
ating in the People's Republic of China
country
concerned’), are being dumped and are thereby causing material
injury to the Community industry.

(‘the

negative impact on the level of prices charged by the Com-
munity industry, resulting in substantial adverse effects on the
financial situation of the Community industry.

5. Procedure

1. Complaint

The complaint was lodged on 14 March 2005 by Community
producers Interkov spol.s.r.o, MI.ME.CA. S.r.l. and Niko Metal-
lurgical company, d.d.Zelezniki (‘the complainant’) representing
a major proportion, in this case more than 50 % of the total
Community production of lever arch mechanisms.

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the
Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the basic
Regulation.

2. Product

5.1. Procedure for the determination of dumping and injury

The product allegedly being dumped is lever arch mechanisms
generally used for archiving sheets and other documents in
binders or files. They consist of arched sturdy metal elements
(normally two) on a back plate and having at least one opening
trigger that permits inserting and filing of sheets and other
documents, originating in the People's Republic of China (‘the
product
concerned’), normally declared within CN code
ex 8305 10 00. This CN code is only given for information.

3. Allegation of dumping

In view of the provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for the People's
Republic of China on the basis of a constructed normal value
in a market economy country, which is mentioned in para-
graph 5.1(d) of this notice. The allegation of dumping is based
on a comparison of normal value, thus calculated, with the
export prices of the product concerned when sold for export to
the Community.

On this basis, the dumping margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China have
in absolute terms and/or have increased in
increased overall
terms of market share.

investigation will

The
the product
concerned originating in the People's Republic of China is
being dumped and whether this dumping has caused injury.

determine whether

(a) Sampling

In view of the apparent large number of parties involved in
this proceeding,
the Commission may decide to apply
sampling in accordance with Article 17 of the basic Regu-
lation.

(i) Sampli ng for i mpor te r s

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
on their company or companies within the time limit
set in paragraph 6(b)(i) and in the formats indicated in
paragraph 7 of this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the total turnover in euro of the company during
the period of 1 January 2004 to 31 December
2004.

It is alleged that the volume and/or the prices of the imported
product concerned have, among other consequences, had a

— the total number of employees,

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council

Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

— the precise activities of the company with regard to

the product concerned,

28.4.2005

EN

Official Journal of the European Union

C 103/19

— the volume in units and value in euro of imports
into and resales made in the Community market
during the period of 1 January 2004 to 31
December 2004 of the imported product concerned
originating in the People's Republic of China,

— the names and the precise activities of all related
involved in the production and/or

companies (1)
selling of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether the company or compa-
nies agree to their inclusion in the sample, which
implies replying to a questionnaire and accepting an
on-the-spot investigation of their response.

ters/producers, to the sampled importers, to any association
of importers named in the complaint, and to the authorities
of the exporting countries concerned.

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out in
to find out
this notice,
paragraph 6(a)(i) of
whether they are listed in the complaint and, if necessary,
request a questionnaire, given that the time limit set in
paragraph 6(a)(ii) of this notice applies to all such interested
parties.

in order

(c) Collection of information and holding of hearings

the selection of

In order to obtain the information it deems necessary
for
the
Commission will, in addition, contact any known asso-
ciations of importers.

the sample of

importers,

(ii) F i na l se le ct i on of th e sa mp le

All
interested parties wishing to submit any relevant
information regarding the selection of the sample must
do so within the time limit set in paragraph 6(b)(ii) of
this notice.

The Commission intends to make the final selection of
the sample after having consulted the parties concerned
that have expressed their willingness to be included in
the sample.

Companies included in the sample must reply to a
questionnaire within the time limit set in paragraph
6(b)(iii) of this notice and must cooperate within the
framework of the investigation.

sufficient

forthcoming,

cooperation is not

If
the
Commission may base its findings, in accordance with
Articles 17(4) and 18 of the basic Regulation, on the
facts available. A finding based on facts available may
be less advantageous
to the party concerned, as
explained in paragraph 8 of this notice.

submit

All interested parties are hereby invited to make their views
than questionnaire
known,
replies and to provide supporting evidence. This informa-
tion and supporting evidence has to reach the Commission
within the time limit set in paragraph 6(a)(ii) of this notice.

information other

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are
particular reasons why they should be heard. This request
in paragraph
must be made within the time limit set
6(a)(iii) of this notice.

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose India as an appropriate market
economy country for the purpose of establishing normal
value in respect of the People's Republic of China. Inter-
ested parties are hereby invited to comment on the appro-
priateness of this choice within the specific time limit set in
paragraph 6(c) of this notice.

(e) Market economy status

(b) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the Community industry and to any association of
producers in the Community, to the exporters/producers in
the People's Republic of China, to any association of expor-

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

For those exporters/producers in the People's Republic of
China who claim and provide sufficient evidence that they
operate under market economy conditions,
i.e. that they
meet the criteria laid down in Article 2(7)(c) of the basic
Regulation, normal value will be determined in accordance
with Article 2(7)(b) of
the basic Regulation. Exporters/
producers intending to submit duly substantiated claims
must do so within the specific time limit set in paragraph
6(d) of this notice. The Commission will send claim forms
to all exporters/producers in the People's Republic of China
named in the complaint and to any association of expor-
ters/producers named in the complaint, as well as to the
authorities of the People's Republic of China.

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Official Journal of the European Union

28.4.2005

5.2. Procedure for assessment of Community interest

(b) Specific time limit in respect of sampling

and

representative

In accordance with Article 21 of the basic Regulation and in
the event that the allegations of dumping and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of anti-dumping measures would not be
against the Community interest. For this reason the Community
industry, importers, their representative associations, represen-
tative users
consumer organisations,
provided that they prove that there is an objective link between
their activity and the product concerned, may, within the
general time limits set in paragraph 6(a)(ii) of this notice, make
themselves known and provide the Commission with informa-
tion. The parties which have acted in conformity with the
precedent sentence may request a hearing setting the particular
reasons why they should be heard within the time limit set in
paragraph 6(a)(iii) of this notice. It should be noted that any
information submitted pursuant
to Article 21 will only be
taken into account if supported by factual evidence at the time
of submission.

6. Time limits

(a) General time limits

(i) F or p a r ti e s

t o r e q u e st

a q u e st i on n a i r e or

ot h e r c la i m for ms

All interested parties should request a questionnaire or
other claim forms as soon as possible, but not later
than 10 days after the publication of this notice in the
Official Journal of the European Union.

(ii) F or p a r ti e s

t o ma ke th e mse lve s know n,

t o
submi t q u e sti onn a i r e r e p li e s and a ny oth e r
i nf or ma ti on

All interested parties, if their representations are to be
taken into account during the investigation, must make
themselves known by contacting the Commission,
present their views and submit questionnaire replies or
any other information within 40 days of the date of
publication of this notice in the Official Journal of the
European Union, unless otherwise specified. 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 aforementioned
period.

Companies selected in a sample must submit question-
naire replies within the time limits specified in para-
graph 6(b)(iii) of this notice.

(i) The information specified in paragraph 5.1(a)(i) should
reach the Commission within 15 days of the date of
publication of this notice in the Official Journal of the
European Union, given that the Commission intends to
consult parties concerned that have expressed their
willingness to be included in the sample on its final
selection within a period of 21 days of the publication
of this notice in the Official
the European
Union.

Journal of

(ii) All other information relevant for the selection of the
sample as referred to in 5.1(a)(ii) must reach the
Commission within a period of 21 days of the publica-
tion of this notice in the Official Journal of the European
Union.

(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date of
the notification of their inclusion in the sample.

(c) Specific time limit
economy country

for

the selection of

the market

Parties to the investigation may wish to comment on the
appropriateness of India which, as mentioned in paragraph
5.1(d) of this notice,
is envisaged as a market-economy
country for the purpose of establishing normal value in
respect of the People's Republic of China. These comments
must reach the Commission within 10 days of the date of
publication of this notice in the Official Journal of the Euro-
pean Union.

(d) Specific time limit for submission of claims for market

economy status and/or for individual treatment

(iii) H e a r i ng s

All interested parties may also apply to be heard by
the Commission within the same 40 day time limit.

Duly substantiated claims for market economy status (as
mentioned in paragraph 5.1(e) of this notice) and/or for
individual treatment pursuant to Article 9(5) of the basic
Regulation, must reach the Commission within 21 days of
the date of publication of this notice in the Official Journal
of the European Union.

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Official Journal of the European Union

C 103/21

7. Written submissions, questionnaire replies and cor-

8. Non-cooperation

respondence

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
specified) and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of the interested party.
All written submissions, including the information requested in
this notice, 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
accompanied by a non-confidential
Regulation,
version, which will be labelled ‘For inspection by interested
parties’.

shall be

Commission address for correspondence:

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

In cases in which any interested party refuses access to or does
not provide the 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.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available. If an interested
party does not cooperate or cooperates only partially and find-
ings are therefore based on facts available in accordance with
Article 18 of the basic Regulation,
the result may be less
favourable to that party than if it had cooperated.

9. Schedule of the investigation

The investigation will be concluded, according to Article 6(9)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union. According to Article 7(1) of the basic Regulation, provi-
sional measures may be imposed no later than 9 months from
the publication of this notice in the Official Journal of the Euro-
pean Union.

(1) This means that

the document

is for internal use only.

the European Parliament and of

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of
(OJ L 145,
31.5.2001, p. 43). It is a confidential document pursuant to Article
19 of Council 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).

the Council

It