Notice of initiation of a reinvestigation pursuant to Article 12 of Council Regulation (EC) No 384/96 of the antidumping measures applicable to imports of hand pallet trucks and their essential parts originating in People's Republic of China
Date: 2006-03-31
Institutions: European Commission
Subjects: China, anti-dumping legislation, hoisting equipment

C 78/24

EN

Official Journal of the European Union

31.3.2006

Notice of initiation of a reinvestigation pursuant to Article 12 of Council Regulation (EC) No
384/96 of the antidumping measures applicable to imports of hand pallet trucks and their essential
parts originating in People's Republic of China

(2006/C 78/06)

The Commission has received a request pursuant to Article 12
of Council Regulation (EC) No 384/96 on protection against
dumped imports from countries not members of the European
Community (‘the basic Regulation’) (1), as last amended by
Council Regulation (EC) No 2117/2005 (2),
to investigate
whether the anti-dumping measures imposed on imports of
hand pallet
trucks and their essential parts originating in
People's Republic of China have had an effect on export prices,
resale prices or subsequent selling prices in the Community.

5. Procedure

Having determined, after consulting the Advisory Committee,
that the request has been lodged by or on behalf of the Com-
munity industry and that there is sufficient evidence to justify
the initiation of an investigation, the Commission hereby initi-
ates a reinvestigation in respect of hand pallet trucks and their
essential parts originating in the People's Republic of China,
pursuant to Article 12 of the basic Regulation.

1. Request for reinvestigation

(a) Questionnaires

The request was lodged on 16.2.2006 by four Community
producers
(BT Products AB, Franz Kahl GmbH, Bolzoni
Auramo SpA, Pramac Lifter S.p.A. (‘the applicants’) representing
a major proportion, in this case more than 70 %, of the total
Community production of hand pallet trucks and their essential
parts.

2. Product

The product concerned is hand pallet trucks and their essential
parts, i.e. chassis and hydraulics originating in People's Republic
of China (‘the product concerned’), currently classifiable within
CN codes ex 8427 90 00 and ex 8431 20 00. These CN codes
are given only for information.

3. Existing measures

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the parties named in the request or which co-operated in
the investigation leading to the measures subject to the
to the exporters/
present
producers in the People's Republic of China, to any associa-
tion of exporters/producers, to the importers, to any asso-
ciation of importers, to the users and to the authorities of
the exporting country concerned.

reinvestigation,

in particular

interested parties should contact

In any event, all
the
Commission forthwith by fax in order to find out whether
they are listed in the request and, if necessary, request a
questionnaire within the time limit set in point 6(a), given
that the time limit set in point 6(b) applies to all interested
parties.

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1174/2005 (3).

(b) Collection of information and holding of hearings

4. Grounds for the reinvestigation

The applicants have submitted sufficient evidence showing that
the anti-dumping duty imposed on hand pallet trucks and their
essential parts originating in People's Republic of China have
not led to any movement or sufficient movement in resale
prices or subsequent selling prices in the Community. In fact,
the evidence contained in the request shows that resale prices
in the Community of the product concerned have remained
stable, or dropped in some cases since the imposition of the
anti-dumping measures, resulting in increased dumping which
has impeded the intended remedial effects of the measures in
force.

The applicants have provided evidence that imports of the
product concerned from the People's Republic of China have
continued to enter in significant quantities.

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

(EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 340, 23.12.2005, p. 17.
(3) OJ L 189, 21.7.2005, p. 1.

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 must reach the Commission
within the time limit set in point 6(b).

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
must be made within the time limit set in point 6(c).

6. Time limits

(a) For parties to request a questionnaire

All interested parties who did not co-operate in the investi-
gation leading to the measures subject to the present rein-
vestigation should request a questionnaire as soon as
possible, but not later than 15 days after the publication of
this notice in the Official Journal of the European Union.

31.3.2006

EN

Official Journal of the European Union

C 78/25

(b) For parties to make themselves known, to submit questionnaire

replies and any other information

if

interested parties,

their representations are to be
All
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
the European Union,
this notice in the Official
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.

Journal of

‘Limited (1)’ and, in accordance with Article 19(2) of the basic
Regulation,
accompanied by a non-confidential
version, which will be labeled ‘FOR INSPECTION BY INTER-
ESTED 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

(c) Hearings

8. Non-co-operation

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

7. Written submissions, questionnaire replies and cor-

respondence

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, findings, affirmative
or negative, may be made in accordance with Article 18 of the
basic Regulation, on the basis of the facts available.

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 numbers of the interested party. All written
submissions, including the information requested in this notice,
questionnaire replies and correspondence provided by inter-
shall be labeled as
ested parties on a confidential basis

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 the facts available. If an interested party
does not cooperate or cooperates only partially, and use of
facts available is made, the result may be less favorable to that
party than if it had cooperated.

(1) This means that

the document

is for internal use only.

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of the European Parliament and of the Council regarding public
access to European Parliament, Council and Commission documents
(OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant
to Article 19 of the basic Regulation and Article 6 of the WTO
Agreement on Implementation of Article VI of the GATT 1994
(Anti-dumping Agreement).

It