Council Regulation (EC) No 33/2006 of  9 January 2006  extending the definitive anti-dumping duty imposed by Regulation (EC) No 2074/2004 on imports of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the same product consigned from the Lao People’s Democratic Republic
Date: 2006-01-09
Institutions: Council of the European Union
Subjects: China, Laos, anti-dumping duty, import, office supplies, originating product

12.1.2006

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 33/2006

of 9 January 2006

extending the definitive anti-dumping duty imposed by Regulation (EC) No 2074/2004 on imports
of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the
same product consigned from the Lao People’s Democratic Republic

THE COUNCIL OF THE EUROPEAN UNION,

(3)

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 9 and 13 thereof,

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

Whereas:

A. PROCEDURE

1. Existing measures

(1)

(2)

the Council

By Regulation (EC) No 119/97 (2)
(the original Regu-
lation),
imposed definitive anti-dumping
duties on imports of certain ring-binder mechanisms
(RBMs or the product concerned) originating in the
People’s Republic of China
to the
difference between the minimum import price of EUR
325 per 1 000 pieces for mechanisms with 17 and 23
rings and the net,
free-at-Community-frontier price,
before duty,
ranging from 32,5 % to 39,4 % for
mechanisms other than with 17 and 23 rings.

(China),

equal

to Article 12 of
Following an investigation pursuant
the Council amended
Regulation (EC) No 384/96,
and increased the above duties for mechanisms other
than with 17 or 23 rings through Regulation (EC) No
2100/2000 (3)
(the anti-absorption investigation). The
amended definitive anti-dumping 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.
(3) OJ L 250, 5.10.2000, p. 1.

By Council Regulation (EC) No 1208/2004 (4),
the
Council extended the measures imposed by the original
Regulation to imports of RBMs consigned from the
socialist Republic of Vietnam (Vietnam).

(4)

Following an expiry review, the duties were re-imposed
by Council Regulation (EC) No 2074/2004 (5).

(5)

(6)

2. Request

On 28 February 2005,
the Commission received a
request pursuant to Article 13(3) of the basic Regulation
to investigate the alleged circumvention of
the anti-
imposed on imports of certain
dumping measures
RBMs originating in China. The request was submitted
by Ring Alliance Ringbuchtechnik GmbH on behalf of
producers
the
Community production of certain RBMs (the applicants).
The request alleged that the anti-dumping measures in
force on imports of certain RBMs originating in China
were being circumvented by means of transhipment via
Lao People’s Democratic Republic (Laos).

representing a major proportion of

The request further alleged that there was insufficient due
cause or justification other than the imposition of anti-
dumping measures for such change in the pattern of
trade and that the remedial effects of the existing anti-
dumping measures were being undermined both in terms
of quantity and price. Significant volumes of imports of
certain RBMs from Laos appeared to have replaced
imports of certain RBMs from China and Vietnam. In
addition, there was sufficient evidence that this increase
in imports was made at prices below the non-injurious
price established in the investigation that
led to the
existing measures.

(7)

Finally, the applicants alleged that the prices of certain
RBMs consigned from Laos were dumped in relation to
the normal value previously established for the product
concerned.

(4) OJ L 232, 1.7.2004, p. 1.
(5) OJ L 359, 4.12.2004, p. 11.

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(8)

(9)

3. Initiation

after

determined,
that

consulting
sufficient evidence existed for

the Advisory
Having
Committee,
the
initiation of an investigation pursuant to Article 13 of
the basic Regulation, the Commission initiated an inves-
tigation according to Regulation (EC) No 559/2005 (1)
(the initiating Regulation). Pursuant
to Articles 13(3),
14(3) and 14(5) of the basic Regulation, the Commission,
by the initiating Regulation, also directed the customs
authorities
certain RBMs
consigned from Laos, whether declared as originating
in Laos or not, as from 14 April 2005.

imports

register

to

of

4. Investigation

and Laos,

the producers/exporters

The Commission officially advised the authorities of
and the
China
importers in the Community known to be concerned
as well as the applicant Community industry of
the
initiation of the investigation. Questionnaires were sent
to the producers/exporters in China and Laos as well as
to the importers in the Community named in the request
or known to the Commission from the original investi-
gation. 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 Regu-
lation. All parties were informed that non-cooperation
might lead to the application of Article 18 of the basic
Regulation and to findings being made on the basis of
the facts available.

(10) No replies to the questionnaires were received from
exporters/producers in China or in Laos, nor did the
Commission receive any comments from the Chinese
or the Laotian authorities.

(11) One Community importer replied by declaring that it
had not imported any type of RBMs from Laos during
the investigation period but did not submit any other
information.

investigation nor did any Community importers submit
information relevant for the investigation. Accordingly,
findings in respect of RBMs consigned from Laos to
the Community had to be made on the basis of the
the
facts available in accordance with Article 18 of
basic Regulation.

(14)

2. Product concerned and like product

The product concerned is, as defined in the original
investigation, certain ring-binder mechanisms 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
trigger mechanism fixed to the
product concerned. Generally, RBMs are composed of
elements such as ring, blade, cover, eyelet and, where
applicable, trigger.

steel-made

(15)

From the information available,
it was concluded that
RBMs exported to the Community from China and
those consigned from Laos to the Community have the
same basic physical characteristics and the same uses.
Therefore, they are considered as like products within
the meaning of Article 1(4) of the basic Regulation and
Eurostat. No submissions to the contrary were made
during the investigation.

3. Change in the pattern of trade between third
countries and the Community

(16) Due to the non-cooperation of any Laotian company, the
volume and value of Laotian exports of
the product
concerned to the Community were determined on the
basis of the information available, which in this case
was statistical data collected by Member States and
compiled by the Commission pursuant to Article 14(6)
of the basic Regulation and Eurostat.

5. Investigation period

(12)

The investigation period covered the period from 1
January 2004 to 31 December 2004 (the IP). Data
were collected from 2001 up to the end of the IP to
investigate the alleged change in the pattern of trade.

(17)

B. RESULTS OF THE INVESTIGATION

1. General considerations/degree of cooperation

(13) As mentioned above in recitals 10 and 11, no producers/
exporters of RBMs in China or in Laos cooperated in the

(1) OJ L 94, 13.4.2005, p. 26.

Following the imposition of definitive measures on
imports of the product concerned from China into the
Community, imports from China decreased significantly,
i.e. from 1 684 tonnes in 1999 to 302 tonnes in 2001
and 2002 and started to increase slightly to 330 tonnes
in 2003 and 354 tonnes in 2004. It should be noted,
however, that in the second half of 2004 imports from
China started to show again a decreasing trend, as shown
in the table below. At the same time, imports into the
Community of RBMs from Laos have increased from a
situation of zero imports between 2001 and 2003 up to
492 tonnes in 2004 (= IP). Statistics show that imports
from Laos continue to increase in 2005.

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(18)

Indeed,

imposed by the original

It is also noted that the pattern found, consisting of a
coinciding decrease of imports from China and parallel
significant increase of imports from Laos in 2004, shows
a direct link with the pattern found in the anti-circum-
the
vention investigation leading to the extension of
investigation to
measures
imports of RBMs from Vietnam.
from 1999
imports of RBMs from Vietnam increased signifi-
on,
cantly,
i.e. from zero tonnes between 1999 and 2001
to 1 105 tonnes in 2002 and to 1 778 tonnes in 2003.
Following the extension of the measures imposed by the
original investigation to imports of RBMs from Vietnam,
imports from Vietnam into the Community decreased
substantially to 353 tonnes in 2004 (= IP). Statistics
show no imports in 2005. In fact, when analysed on a
per-six-months basis,
from Vietnam almost
imports
stopped in the first semester 2004, when measures in
place in respect of imports of RBMs from China were
extended to imports consigned from Vietnam (publi-
cation on 1 July 2004, see recital 3). As from the
same time,
in the
preceding periods to 100 tonnes in the first semester
2004 and to 392 tonnes in the second semester 2004;
it is clear therefore that imports from Laos replaced, at
least partially imports from Vietnam and China. The
reported imports from Laos thus confirm a pattern of
trade that commenced from 1999, since before the
extension of the measures to Vietnam, there were no
imports from Laos into the Community.

imports from Laos started from nil

Country

2001

2002

2003

2004
(IP)
1st
semester

2004
(IP)
2nd
semester

China (1)
Vietnam (2)
Laos (3)

302
0
0

302
1 105
0

330
1 778
0

212
353
100

142
0
392

(1) Starting from 1 684 tonnes in 1999.
(2) Starting from nil in 1999.
(3) Starting from nil in 1999.
Source: Statistical data collected by Member States and compiled by the
Commission pursuant
the basic Regulation and
Eurostat.

to Article 14(6) of

4. Insufficient due cause or economic justification

(19)

The imports into the Community from Laos started in
2004 after the initiation of the investigation on imports
of RBMs from Vietnam in August 2003 coinciding with
the change of pattern of trade between China, Vietnam
and Laos on the one hand, and the Community on the
other hand, as shown in recital 18.

the

in Laos

authorithies

received that

increase of imports of RBMs from Laos.

occurred at the time of the extension of the measures
following the anti-circumvention investigation, and the
It is
parallel
recalled that
as
as well
country were
potential producers/exporters
in this
the ongoing investigation. However, no
informed of
evidence was
a genuine
production of this product in Laos nor in fact, did any
Laotian company cooperate with the investigation. On
is therefore
the available information,
the basis of
concluded that,
in the absence of any other sufficient
due cause or economic justification within the meaning
of
the basic
Regulation, the change in the pattern of trade stemmed
from the extension of the anti-dumping duty to goods
consigned from Vietnam.

the second sentence of Article 13(1) of

there was

it

(21)

5. Undermining of the remedial effects of the duty
in terms of the prices and/or the quantities of the
like product

from China

It is evident from the data mentioned in recital 18 that a
clear quantitative change in the pattern of Community
imports of the product concerned occurred since the
extension of measures on RBMs
to
Vietnam in 2004. Following this extension, Vietnamese
imports into the Community decreased significantly in
2004 and have stopped in 2005, while there was a
parallel surge of exports of the product concerned to
the Community from Laos. According to the Eurostat
data,
in 2004 the total amount of the Laotian exports
to the Community was 492 tonnes, while the first
quarter of 2005 shows the same trend. It is therefore
clear that the marked change in trade flows undermined
the remedial effects of the measures in terms of the
quantities imported into the Community market.

(22) With regard to prices of

the products

concerned
consigned from Laos, in the absence of cooperation, it
was necessary to refer to Eurostat data, which was the
It was found that the average
best evidence available.
export price of the Laotian exports to the Community
were below the injury elimination level of Community
prices as established in the original investigation. Hence,
the remedial effects of the duty imposed in terms of
prices are undermined.

(20)

There is a coincidence in time between the significant
imports of RBMs from Vietnam, which
decrease of

(23)

It is therefore concluded that the imports of the product
concerned from Laos undermine the remedial effects of
the duty both in terms of quantities and prices.

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6. Evidence of dumping in relation to the normal
values previously established for like or similar
products

in order

(24) As explained in recital 13, given the absence of coop-
to determine whether evidence of
eration,
dumping could be found with respect to the exports of
the product concerned to the Community from Laos
during the IP, Eurostat data at CN level were used
pursuant to Article 18 of the basic Regulation as the
basis for establishing export prices to the EU.

Community under registration imposed by the initiating
Regulation.

(30)

The measures to be extended should be the ones estab-
lished in Article 1(2) of the original Regulation as last
amended by the expiry review, and are as follows:

(25)

(26)

(27)

(28)

(29)

In accordance with Article 13(1) of the basic Regulation,
these export prices were compared with the normal value
in this case the normal value
previously established,
established in the most recent expiry review.
In the
expiry review (see recital 4), India was considered to be
the appropriate market economy analogue country for
China and normal value was established on the basis
of prices as well as constructed normal value in that
analogue country.

In the absence of cooperation and pursuant to Article 18
of the basic Regulation, for the purpose of comparing the
export price and normal value, it was considered appro-
priate to assume that
the goods
observed during this investigation was the same as in
the expiry review on imports of RBMs originating in
China.

the product mix of

In accordance with Article 2(11) and 2(12) of the basic
the weighted average
Regulation, a comparison of
normal value as established during the expiry review
investigation and the weighted average of export prices
during this investigation’s IP, expressed as a percentage of
CIF price at
the Community frontier duty unpaid,
revealed significant dumping.

C. MEASURES

second sentence, of

the basic Regulation.

In view of the findings above it is found that circum-
vention has taken place within the meaning of Article
13(1),
In
accordance with Article 13(1) first sentence of the basic
Regulation,
existing anti-dumping measures on
imports of the product concerned originating in China,
as amended by the anti-absorption investigation, should
be extended to imports of the same product consigned
from Laos, whether declared as originating in Laos or
not.

the

In accordance with Article 14(5) of the basic Regulation,
shall be applied on
which provides
that measures
registered imports from the date of registration,
the
anti-dumping duty should be collected on imports of
the
RBMs

from Laos which

consigned

entered

(a)

for mechanisms with 17 and 23 rings the amount of
duty shall be equal to the difference between the
minimum import price of EUR 325 per 1 000
pieces and the net, free-at-Community-frontier price
before duty;

(b) for mechanisms other than those with 17 or 23

rings, the residual duty of 78,8 %.

(31)

In accordance with Article 14(5) of the basic Regulation,
which provides that any extended measure should apply
to imports which entered the Community under regis-
tration imposed by the initiating Regulation, duties
should be collected on those registered imports of
certain RBMs consigned from Laos.

D. REQUESTS FOR EXEMPTION

extended

anti-dumping

the Commission to determine whether

(32) Although during this investigation no genuine exporter
of RBMs to the Community was found to exist in Laos
or made itself known to the Commission, other exporters
concerned which would consider lodging a request for an
exemption from the
duty
pursuant to Article 13(4) of the basic Regulation will
be required to complete a questionnaire in order to
enable
an
exemption may be warranted. Such exemption may be
granted after the assessment of the market situation of
the product concerned, production capacity and capacity
utilisation, procurement and sales and the likelihood of
continuation of practices for which there is insufficient
due cause or economic justification and the evidence of
dumping. The Commission would normally also carry
out an on-spot verification visit. The request would
have to be addressed to the Commission forthwith,
with all relevant information,
in particular any modifi-
cation in the company’s activities linked to production
and sales.

E. PROCEDURE

(33)

Interested parties were informed of the essential facts and
considerations on the basis of which the Council
intended to extend the definitive anti-dumping duty in
force and were given the opportunity to comment and to
be heard. No comments which were of a nature to
change the above conclusions were received,

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HAS ADOPTED THIS REGULATION:

Article 1

The definitive anti-dumping duty imposed by Regulation
1.
(EC) No 2074/2004 on imports of
certain ring-binder
mechanisms falling within CN code ex 8305 10 00 originating
in the People’s Republic of China:

(a)

for mechanisms with 17 and 23 rings (TARIC codes
8305 10 00 21, and 8305 10 00 29) equal to the difference
between the minimum import price of EUR 325 per 1 000
pieces and the net free-at-Community-frontier price before
duty;

(b) for mechanisms other than those with 17 or 23 rings
(TARIC codes 8305 10 00 11, and 8305 10 00 19) of
78,8 %;

extended

is hereby
certain ring-binder
to imports of
mechanisms consigned from the Lao People’s Democratic
Republic whether declared as originating in the Lao People’s
(TARIC codes 8305 10 00 13
Democratic Republic or not
and 8305 10 00 23).

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-rings or with a small
steel-made trigger
mechanism fixed to the ring-binder mechanism.

2.
The duties extended by paragraph 1 of this Article shall be
collected on imports registered in accordance with Articles
13(3) and 14(5) of Regulation (EC) No 384/96.

The provisions in force concerning customs duties shall

3.
apply.

Article 2

1.
Requests for exemption from the duty extended by Article
1 shall be made in writing in one of the official languages of the
Community and must be signed by a person authorised to
represent
to the
the applicant. The request must be sent
following address:

European Commission
Directorate-General for Trade
Directorate B
Office: J-79 05/17
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

the Commission,

In accordance with Article 13(4) of Regulation (EC) No
2.
consulting the Advisory
384/96,
Committee, may authorise by decision,
the exemption of
imports which do not circumvent the anti-dumping measures
imposed by Regulation (EC) No 2074/2004 from the duty
extended by Article 1.

after

Article 3

Customs authorities are hereby directed to discontinue the regis-
tration of imports, established in accordance with Article 2 of
Regulation (EC) No 559/2005.

Article 4

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, 9 January 2006.

For the Council
The President

U. PLASSNIK