Notice of initiation of an expiry review of the antidumping measures applicable to imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China
Date: 2006-07-19
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, electronic equipment, import, lighting equipment, originating product

19.7.2006

EN

Official Journal of the European Union

C 167/13

Notice of initiation of an expiry review of the antidumping measures applicable to imports of inte-
grated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China

(2006/C 167/04)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of integrated
electronic compact fluorescent lamps (CFL-i) originating in the
People's Republic of China,
the
Commission has received a request
for review pursuant to
Article 11(2) of Council Regulation (EC) No 384/96 on protec-
tion against dumped imports from countries not members of
the European Community (‘the basic Regulation’) (2), as last
amended by Council Regulation (EC) No 2117/2005 (3).

(‘country concerned’),

1. Request for review

The request was lodged on 18 April 2006 by the Community
Federation of Lighting Industry of Compact Fluorescent Lamps
(‘the applicant’) on behalf of producers
Integrated (2 CFL-i)
representing a major proportion, in this case more than 25 %,
of the total Community production of integrated electronic
compact fluorescent lamps (CFL-i).

2. Product

The product under review is electronic compact fluorescent
discharge lamps with one or more glass tubes, with all lighting
elements and electronic components fixed to the lamp foot or
integrated in the lamp foot originating in the People's Republic
of China (‘the product concerned’), currently classifiable within
CN code ex 8539 31 90. This CN code is given only for infor-
mation.

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 1470/2001 (4).

4. Grounds for the review

The request is based on the grounds that the expiry of the
in a continuation of
measures would be likely to result
dumping and injury to the Community industry.

In view of the provisions of Article 2(7) of the basic Regulation,
the applicant established normal value for the People's Republic
of China on the basis of the price in an appropriate market
economy country, which is mentioned in point 5.1(d). The alle-
gation of continuation of dumping is based on a comparison of
normal value, as set out in the preceding sentence, with the
export prices of the product concerned when sold for export to
the Community.

On this basis, the dumping margin calculated is significant.

(1) OJ C 254, 14.10.2005, p. 2.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 340, 23.12.2005, p. 17.
(4) OJ L 195, 19.7.2001, p. 8.

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

is also alleged that

the volumes and the prices of

the
It
imported product concerned have continued, among other
consequences, to have a negative impact on the market share
held, the quantities sold and the level of prices charged by the
Community industry, resulting in substantial adverse effects on
the overall performance, the financial situation and the employ-
ment situation of the Community industry.

In addition, the applicant alleges that any increase of imports at
dumped prices from the country concerned would likely lead
to further injury to the Community industry should measures
be allowed to lapse.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) of the basic Regulation.

5.1. Procedure

for

the determination of

likelihood of

dumping and injury

The investigation will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury.

(a) Sampling

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

(i) S a mp li n g

for
P e op l e ' s R e p u b l i c of Ch i na

e x p or t e r s/ p r odu c e r s

i n

t h e

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters producers, or representatives acting on their
behalf, are hereby requested to make themselves
known by contacting the Commission and providing
the following information on their company or compa-
nies within the time limit set in point 6(b)(i) and in the
formats indicated in point 7:

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

numbers and contact person,

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Official Journal of the European Union

19.7.2006

— the turnover in local currency and the volume in
units of the product concerned sold for export to
the Community during the period 1 July 2005
until 30 June 2006,

— the turnover in local currency and the volume in
units of the product concerned sold to other third
countries during the period 1 July 2005 until 30
June 2006,

— the precise activities of the company with regard to
the production of the product concerned and the
production volume
the product
concerned, the production capacity and the invest-
ments in production capacity during the period 1
July 2005 until 30 June 2006,

in units of

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

companies (1)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

imply

replying

— by providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
and
will
accepting
its
response. If the company indicates that it does not
agree to its possible inclusion in the sample, it will
be deemed to not have co-operated in the investi-
gation. The consequences of non-cooperation are
set out in point 8 below.

to a questionnaire

investigation of

an on-the-spot

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will, in addition, contact the authori-
ties of the exporting country, and any known associa-
tions of exporters/producers.

(ii) Sa mp li ng for i mp or 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 point 6(b)(i) and in the formats indicated in
point 7:

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

numbers and contact person,

— the total turnover in EUR of the company during

the period 1 July 2005 until 30 June 2006,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in units and value in € of imports into
and resales made in the Community market during

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 laying
down provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs Code (OJ L
253, 11.10.1993, p. 1).

the period 1 July 2005 until 30 June 2006 of the
imported product concerned originating in the
People's Republic of China,

— the names and the precise activities of all related
companies (1)
production,
importing and/or selling of the product concerned,

involved

the

in

— any other relevant information that would assist
the Commission in the selection of the sample,

imply

replying

— by providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
and
will
accepting
its
response. If the company indicates that it does not
agree to its possible inclusion in the sample, it will
be deemed to not have co-operated in the investi-
gation. The consequences of non-cooperation are
set out in point 8 below.

to a questionnaire

investigation of

an on-the-spot

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

the sample of

importers,

(iii) F i na l se le c ti on of t h e sa mp le s

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

samples

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

after having

Companies included in the samples must reply to a
questionnaire within the time limit set
in point 6
(b)(iii) and must co-operate within the framework of
the investigation.

forthcoming,

sufficient co-operation 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 point 8.

(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 sampled exporters/
producers in the People's Republic of China to any associa-
tion of exporters/producers, to the sampled importers, to
any association of importers named in the request or which
co-operated in the investigation leading to the measures
subject to the present review, and to the authorities of the
exporting country concerned.

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Official Journal of the European Union

C 167/15

(c) Selection of the market economy country

In the previous investigation Mexico was used as an appro-
priate market economy country for the purpose of estab-
lishing normal value in respect of the People's Republic of
China. The Commission envisages to use Mexico again for
Interested parties are hereby invited to
this purpose.
comment on the appropriateness of this country within the
specific time limit set in point 6(c).

date of publication of this notice in the Official Journal
the European Union, unless otherwise specified.
of
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 limit specified in point
6(b)(iii).

5.2. Procedure for the assessment of Community interest

(iii) He a r i ng s

In accordance with Article 21 of the basic Regulation and in
the event that the likelihood of a continuation or recurrence of
dumping and injury is confirmed, a determination will be made
as to whether to maintain, or repeal the anti-dumping measures
would not be against the Community interest. For this reason
the Community industry, importers, their representative asso-
ciations, representative users and representative consumer orga-
nisations, 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 point 6(a)(ii), make them-
selves known and provide the Commission with information.
The parties which have acted in conformity with the previous
sentence may request a hearing, setting the particular reasons
why they should be heard, within the time limit set in point
It should be noted that any information submitted
6(a)(iii).
pursuant
if
to Article 21 will only be taken into account
supported by factual evidence at the time of submission.

6. Time limits

(a) General time limits

(i) For p ar ti e s to r e q u e st a q u e sti onnai r e

All interested parties who did not co-operate in the
investigation leading to the measures subject to the
present review should request a questionnaire as soon
as possible, but not later than 15 days after the publi-
cation of this notice in the Official Journal of the Euro-
pean Union.

(ii) F or p a r ti e s t o ma ke th e mse lve s know n,

t o
su bmi t q u e st i on n a i r e r e p l i e s a n d a n y oth e r
i nfor 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 Commis-
sion, present
their views and submit questionnaire
replies or any other information within 40 days of the

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

(b) Specific time limit in respect of sampling

(i) The information specified in paragraph 5.1(a)(i), and
5.1(a)(ii) 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 Commis-
sion 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
Journal of the European Union.

(ii) All other information relevant for the selection of the
sample as referred to in 5.1 (a) (iii) must reach the
Commission within a period of 21 days of the publi-
cation of this notice in the Official Journal of the Euro-
pean 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.

7. Written submissions, questionnaire replies and cor-

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

(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

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Official Journal of the European Union

19.7.2006

Commission address for correspondence:

9. Schedule of the investigation

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

8. Non-co-operation

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.

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.

The investigation will be concluded, according to Article 11(5)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union.

10. Possibility to request a review under Article 11(3) of

the basic Regulation

As this expiry review is initiated in accordance with the provi-
sions of Article 11(2) of the basic Regulation, the findings
thereof will not lead to the level of the existing measures being
lead to those measures being repealed or
amended but will
maintained in accordance with Article 11(6) of the basic Regu-
lation.

If any party to the proceeding considers that a review of the
level of the measures is warranted so as to allow for the possi-
bility to amend (i.e.
the
measures, that party may request a review in accordance with
Article 11(3) of the basic Regulation.

increase or decrease)

the level of

Parties wishing to request such a review, which would be
carried out independently of the expiry review mentioned in
this notice, may contact the Commission at the address given
above.