Proposal for a Council Regulation amending Regulation (EC) No 1470/2001 imposing a definitive anti-dumping duty on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China
Date: 2006-08-04
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, electronic equipment, lighting equipment, originating product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 04.08.2006 
COM(2006) 439 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1470/2001 imposing a definitive anti-dumping duty on 
imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the 
People's Republic of China 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

• 

Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  384/96  of 
22 December 1995 on protection against dumped imports from countries not members 
of  the  European  Community,  as  last  amended  by  Council  Regulation  (EC)  No 
2117/2005 of 21 December 2005 ("the basic Regulation") in the proceeding concerning 
imports of integrated electronic compact fluorescent lamps (‘CFL-i’) originating in the 
People’s Republic of China. following an interim review pursuant to Article 11(3) of 
Council Regulation (EC) No 384/96. 

• 

General context 

This proposal is made in the context of the implementation of the basic Regulation and 
is the result of an investigation which was carried out in line with the substantive and 
procedural requirements laid out in the basic Regulation. 

• 

Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

• 

Consistency with other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

• 

Consultation of interested parties 

Interested  parties  concerned  by  the  proceeding  have  already  had  the  possibility  to 
defend their interests during the investigation, in line with the provisions of the basic 
Regulation. 

• 

Collection and use of expertise 

There was no need for external expertise. 

• 

Impact assessment 

This proposal is the result of the implementation of the basic Regulation. 

The  basic  Regulation  does  not  foresee  a  general  impact  assessment  but  contains  an 
exhaustive list of conditions that have to be assessed. 

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3)  LEGAL ELEMENTS OF THE PROPOSAL 

• 

Summary of the proposed action 

In July 2001, by Regulation (EC) No 1470/2001, the Council imposed definitive anti-
dumping duties ranging from 0% to 66,1% on imports of integrated electronic compact 
fluorescent lamps (‘CFL-i’) originating in the People’s Republic of China. 

In March 2004, a German importer lodged a request to review the product scope of the 
measures in force alleging that CFL-I working on direct current voltage (‘DC-CFL-i’) 
had different basic technical and physical characteristics as well as different end uses 
and applications than CFL-i working on alternating current voltage. (‘AC-CFL-i’). The 
applicant  further  alleged  that  only  AC-CFL-i  should  be  subject  to  the  anti-dumping 
duties in force and that DC-CFL-i should be explicitly excluded from the scope of the 
anti-dumping  duty  and  the  definition  of  the  product  concerned  of  the  original 
Regulation  amended  accordingly.  The  applicant  also  requested  that  any  exclusion  of 
the DC-CFL-i from the product scope should have retroactive effect. 

The investigation revealed that DC-CFL-i and AC-CFL-i do not share the same basic 
physical and technical characteristics, and do not have the same basic end-uses. They 
are not interchangeable and do not compete with each other on the Community market. 

Therefore,  it  is  suggested  that  the  Council  adopts  the  attached  proposal  for  a 
Regulation in order to clarify the definition of the product in the Regulation imposing 
definitive  anti-dumping  measures  by  specifying  that  DC  CFL-i  are  not  subject  to 
measures. 

• 

Legal basis 

Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection  against 
dumped  imports  from  countries  not  members  of  the  European  Community,  as  last 
amended by Council Regulation (EC) No 2117/2005 of 21 December 2005. 

• 

Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

• 

Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

The form of action is described in the above-mentioned basic Regulation and leaves no 
scope for national decision. 

Indication  of  how  financial  and  administrative  burden  falling  upon  the  Community, 
national governments, regional and local authorities, economic operators and citizens is 
minimized and proportionate to the objective of the proposal is not applicable. 

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• 

Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason: 

Other  means  would  not  be  adequate  because  the  basic  Regulation  does  not  foresee 
alternative options. 

4)  BUDGETARY IMPLICATION 

Certain types of lamps for which anti-dumping duties have been paid upon importation 
should not have been subject to the duty. 

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Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1470/2001 imposing a definitive anti-dumping duty on 
imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the 
People's Republic of China 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community,  

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 Community1 (the ‘basic 
Regulation’), and in particular Article 11(3) thereof, 

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

Whereas: 

1. 

PROCEDURE 

1.1 

Existing measures  

(1) 

(2) 

By Regulation (EC) No 1470/20012, (the ‘original Regulation’), the Council imposed 
definitive  anti-dumping  duties  ranging  from  0%  to  66,1%  on  imports  of  integrated 
electronic compact fluorescent lamps (‘CFL-i’) originating in the People’s Republic of 
China (the ‘original investigation’).  

By  Regulation  (EC)  No  866/20053,  further  to  an  investigation  in  accordance  with 
Article  13  of  the  basic  Regulation,  the  Council  extended  the  definitive  anti-dumping 
measures  imposed  by  the  original  Regulation  to  imports  of  the  same  product 
consigned  from  the  Socialist  Republic  of  Vietnam,  the  Islamic  Republic  of  Pakistan 
and the Republic of the Philippines. 

1.2 

Request for an interim review 

(3) 

On  3  August  2004,  the  Commission  received  a  request  pursuant  to  Article  11(3)  of 
Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection  against 
dumped imports from countries not members of the European Community (the ‘basic 

1 

2 
3 

OJ  L  56,  6.3.1996,  p.1.  Regulation  as  last  amended  by  Council  Regulation  (EC)  Nº  2117/2005 
(OJ L 340, 23.12.2005, p. 17). 
OJ L 195, 19.7.2001, p. 8. 
OJ L 145, 9.6.2005, p. 1. 

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the 

that 

latter  had  different  basic 

Regulation’)4  limited  in  scope  to  the  examination  of  the  product  scope.  The  request 
was  submitted  by  Steca  Batterieladesysteme  und  Präzisionselektronik  GmbH,  an 
importer of CFL-i produced in the People’s Republic of China (‘the applicant’). The 
applicant  imported  CFL-i  working  on  direct  current  voltage  (‘DC-CFL-i’).  The 
technical  and  physical 
applicant  alleged 
characteristics  as  well  as  different  end  uses  and  applications  than  CFL-i  working  on 
alternating current voltage (‘AC-CFL-i’). The applicant further alleged that only AC-
CFL-i should be subject to the anti-dumping duties in force because only these were 
targeted  by  the  original  investigation.  Consequently,  the  applicant  claimed  that  DC-
CFL-i should be explicitly excluded from the scope of the anti-dumping duty and the 
definition  of  the  product  concerned  of  the  original  Regulation  amended  accordingly. 
The  applicant  also  requested  that  any  exclusion  of  the  DC-CFL-i  from  the  product 
scope should have retroactive effect. 

1.3 

Initiation 

(4) 

Having  determined,  after  consulting  the  Advisory  Committee,  that  sufficient  prima 
facie  evidence  existed,  the  Commission  announced  by  a  notice  (‘the  notice  of 
initiation’) published in the Official Journal of the European Union5 the initiation of a 
partial interim review in accordance with Article 11(3) of the basic Regulation, limited 
in scope to the examination of the product scope.  

1.4 

Investigation 

(5) 

(6) 

(7) 

The Commission officially advised the authorities of the People’s Republic of China 
(‘PRC’), the producers/exporters in the PRC, the importers in the Community known 
to be concerned, the producers in the Community and the associations of producers in 
the Community of the initiation of the investigation. Interested parties were given the 
opportunity  to  make  their  views  known  in  writing  and  request  a  hearing  within  the 
time limit set in the notice of initiation. 

The  Commission  requested  from  all  parties  known  to  be  concerned  and  all  other 
companies which made themselves known within the deadlines set out in the notice of 
initiation  basic  information  concerning  total  turnover,  sales  value  and  volume  in  the 
European  Community,  production  capacity,  actual  production,  value  and  volume  of 
total imports of CFL-i and of DC-CFL-i only. The Commission sought and verified all 
information deemed necessary for the purpose of the assessment as to whether there is 
a need for amendment of the scope of the existing measures.  

Five  producers/exporters  in  the  PRC,  one  producer  in  the  Community,  one  importer 
related  to  an  exporter/producer  in  the  PRC  and  11  unrelated  importers  in  the 
Community  co-operated  in  the  present  investigation  and  submitted  the  basic 
information mentioned in recital (6) above.  

4 

5 

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). 
OJ C 301, 7.12.2004, p. 2. 

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1.5 

Investigation period 

(8) 

investigation  period  covered 

The 
31 October 2004 (the ‘IP’). 

the  period 

from  1  November  2003 

to 

1.6 

Disclosure 

(9) 

All  interested  parties  were  informed  of  the  essential  facts  and  considerations  on  the 
basis of which the present conclusions were reached. In accordance with Article 20(5) 
of the basic Regulation, parties were granted a period within which they could make 
representations subsequent to this disclosure. 

(10)  The oral and written comments submitted by the parties were considered and, where 

appropriate, the findings have been modified accordingly. 

2. 

PRODUCT CONCERNED 

(11)  The  product  concerned  is,  as  defined  in  Article  1  of  the  original  Regulation,  CFL-i, 
currently classifiable within CN code ex 8539 31 90. A CFL-i is an electronic compact 
fluorescent  discharge  lamp  with  one  or  more  glass  tubes,  with  all  lighting  elements 
and electronic components fixed to or integrated in the lamp foot. As stated in recital 
(11)  of  Commission  Regulation  (EC)  No  255/2001  of  7  February  2001  imposing  a 
provisional  anti-dumping  duty  on  imports  of  CFL-i  originating  in  the  PRC6  (the 
‘provisional  Regulation’)  and  confirmed  by  the  definitive  findings  of  the  original 
Regulation, the product concerned is designed to replace  normal incandescent lamps 
and fits into the same lamp socket as the incandescent lamps. 

(12)  While  during  the  original  investigation  different  product  types  have  been  identified 
depending  on,  inter  alia,  the  lifetime,  the  wattage  and  the  cover  of  the  lamp,  the 
different  input  voltage  has  not  been  investigated,  nor  was  it  raised  by  any  interested 
party during the original investigation.  

3. 

RESULTS OF THE INVESTIGATION 

3.1  Methodology 

(13) 

In  order  to  assess  whether  DC-CFL-i  and  AC-CFL-i  should  be  considered  as  one 
single product or two different products, it was examined whether DC-CFL-i and AC-
CFL-i  shared  the  same  basic  physical  and  technical  characteristics  and  end-uses.  In 
this  regard,  the  interchangeability  and  the  competition  between  AC-CFL-i  and  DC-
CFL-i in the Community were also assessed. 

3.2 

Basic physical and technical characteristics 

(14)  All  CFL-i  are  composed  of  two  main  elements:  one  (or  more)  gas  discharge  tube(s) 
and one electronic ballast. Basically, the electronic ballast supplies electrons into the 
gas  discharge  tube.  The  electrons  activate  the  gas  that  emits  energy  in  the  form  of 
light. 

6 

OJ L 38, 8.2.2001, p. 8. 

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(15)  The input voltage for AC-CFL-i and DC-CFL-i, however, differs; i.e. it is alternating 
for  AC-CFL-i  whereas  it  is  direct  for  DC-CFL-i.  As  a  consequence,  the  electronic 
ballasts used in DC-CFL-i must have different components than the ones used in AC-
CFL-i  because  they  need  to  fulfil  additional  functions,  namely  to  change  the  direct 
voltage into alternating voltage in order to ensure that light can be produced. 

(16)  The  Community  industry  argued  that  in  the  original  investigation,  the  product 
produced in the analogue country (Mexico)  was considered as a like product even if 
CFL-i produced in this country were destined for lower voltages. Therefore, AC-CFL-
i  being  used  in  low  voltage  systems  should  also  be  considered  as  being  the  same 
product as DC-CFL-i. It should, however, be noted that although the voltage system in 
Mexico was different from the one in the Community, the CFL-i produced in Mexico 
and  those  produced  in  the  Community  were  both  functioning  on  alternating  current. 
Both had exactly the same functions, i.e. to replace normal incandescent lamps in the 
respective markets.  

(17) 

In  the  present  review,  the  difference  between  the  two  types  of  lamp  is  not  only  the 
voltage as in the above mentioned case of the Mexican lamps, but also the structure of 
the  power  supply  used  by  the  DC-CFL-i  and  AC-CFL-i,  which  requires  the  use  of 
different  components,  and  therefore,  confer  to  each  type  different  technical 
characteristics. 

3.3 

Basic end uses and interchangeability 

(18)  As mentioned above in recital (11), the product concerned by the original investigation 

is designed to replace normal incandescent lamps. 

(19)  Based  on  the  information  submitted  by  the  Community  industry  and  the  Chinese 
exporting  producers,  the  total  consumption  of  the  Community  market  for  DC-CFL-i 
represents  less  than  2%  of  the  total  CFL-i  consumption.  It  follows  that  AC-CFL-i  is 
the most imported and most used type of CFL-i in the Community market, i.e. almost 
100% of total imports and total Community sales are AC-CFL-i.  

(20)  Given the above, AC-CFL-i are designed to replace the most used incandescent lamps 
and  fit  into  the  same  lamp  sockets  as  these  incandescent  lamps.  Since  DC-CFL-i  do 
not  use  the  same  input  current,  they  will  not  produce  light  if  used  in  a  socket  for 
normal  incandescent  lamps.  In  the  opposite  case,  if  AC-CFL-i  are  screwed  into  a 
socket supplied with direct current, no light will be produced either. Consequently, in 
order to produce light with DC-CFL-i, direct current needs to be supplied and in order 
to produce light with AC-CFL-i, alternating current needs to be supplied.  

(21)  Furthermore,  AC-CFL-i  are  used  in  the  applications  listed  in  recital  (110)  of  the 
provisional  Regulation,  i.e.  by  private  households,  industry  and  a  large  number  of 
commercial  establishments  such  as  shops  and  restaurants,  whereas  DC-CFL-i  are, 
unless rare exceptions, not used in these applications. Users of AC-CFL-i are mostly 
connected to the public electricity network, while DC-CFL-i are used in areas without 
connection to public electricity network and rely therefore mainly on other sources of 
electricity  supply  (battery,  solar  systems,  photo-voltaic  panel).  They  are  used  in 
isolated or rural areas for mining purposes, to lighten shelters, in camping lighting, on 
vessels,  etc.  On  this  basis,  it  was  considered  that  DC-CFL-i  cannot  replace  normal 

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incandescent  lamps  and  consequently  that  AC-CFL-i  and  DC-CFL-i  are  not 
interchangeable. 

(22)  Therefore,  it  is  concluded  that  in  the  sense  of  the  original  Regulation,  normal 
incandescent lamps are considered lamps which are used in alternating current supply. 

(23)  The Community industry claimed that notwithstanding the above, AC-CFL-i and DC-
CFL-i  have  the  same  basic  end-uses,  i.e.  producing  light.  They  should  therefore  be 
considered as a single product. In this regard, the Community industry compared AC-
CFL-i and DC-DCL-i to different types of cars depending whether they use petrol or 
diesel motors. The Community industry argued that both types of cars would have the 
same  functions,  i.e.  motorised  street  transport  of  persons,  and  would  therefore  be 
considered as one single product.  

(24)  However,  besides  the  fact  that  the  determination  of  whether  cars  with  petrol  motors 
and  cars  with  diesel  motors  form  one  single  product  is  not  subject  to  the  present 
interim  review,  the  above  comparison  was  considered  inappropriate  because  focused 
on  the  wrong  parameter  (the  motor).  In  the  present  case,  the  relevant  parameter  is 
whether  the  product  has  the  physical  and  technical  characteristics  to  produce  light 
when used in a socket for normal incandescent lamps.  

(25)  Some  parties  claimed  that  a  very  limited  number  of  specific  models  of  AC-CFL-i 
could function both on alternating and direct current. Those lamps were found to have 
the  same  end  uses  as  AC-CFL-i  functioning  only  on  alternating  current.  They  are 
therefore considered lamps which are used in alternating current supply. 

(26) 

It follows from the above that AC-CFL-i and DC-CFL-i are not interchangeable and 
do not, therefore, share the same basic end-uses. 

3.4 

Competition between AC-CFL-i and DC-CFL-i 

(27)  As  mentioned  above,  AC-CFL-i  and  DC-CFL-i  are  not  used  in  the  same  areas  of 
applications  and  are 
interchangeable  but  supply  different  markets. 
Furthermore,  due  to  their  specific  end-uses,  DC-CFL-i  can  only  be  purchased  in 
specialised  shops  or  directly  from  the  producers.  In  contrast,  AC-CFL-i  can  be 
purchased in most of the mass consumer distribution stores.  

thus  not 

(28)  The sole cooperating EC producer claimed that, in areas where alternating current is 
available, consumers may choose to be equipped with photo-voltaic panels and solar 
panels  which  supply  direct  current.  Therefore,  it  was  claimed  that  there  would  be 
competition between DC and AC-CFL-i. It is noted that choosing between two sources 
of energy supply is a choice that goes well beyond the sole use of CFL-i because of 
the level of investment needed and the fact that this choice affects all electrically fed 
apparatus  in  the  house.  It  is  therefore  highly  unlikely  that  the  investment  in  photo 
voltaic panels would result only from the competition between DC and AC-CFL-i. It is 
also  noted  that  DC-CFL-i  are  more  expensive  than  AC-CFL-i,  and  therefore  it  is 
considered  that  this  claim  is  not  supported  by  an  economic  logic.  On  this  basis,  the 
claim had to be rejected. 

(29)  Since DC-CFL-i and AC-CFL-i can not be used on the same types of power grids, it is 

concluded that there is no competition between those types. 

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3.5 

Distinction between DC-CFL-i and AC-CFL-i 

(30)  The  argument  was  made  that  DC-CFL-i  and  AC-CFL-i  could  not  be  clearly 
distinguished. In this respect, it is noted that although both DC-CFL-i and AC-CFL-i 
fall within the same CN code ex 8539 31 90, a distinction can easily be made. Indeed, 
to distinguish  DC-CFL-i from AC-CFL-i, the following  criterion can be  applied:  the 
DC-CFL-i do not produce light when screwed in an alternating current voltage socket 
and switched on. 

(31)  Moreover, DC-CFL-i are clearly marked, i.e. the low input voltage is clearly indicated 
on  the  product,  in  order  to  prevent  consumers  from  using  such  lamps  in  alternating 
current sockets, and consequently from destroying them. 

4. 

CONCLUSION ON THE PRODUCT SCOPE 

(32)  The above findings show that DC-CFL-i and AC-CFL-i do not share the same basic 
physical and technical characteristics, and do not have the same basic end-uses. They 
are  not  interchangeable  and  do  not  compete  with  each  other  on  the  Community 
market. On this basis, it is concluded that DC-CFL-i and AC-CFL-i are two different 
products  and  the  anti-dumping  duty  in  force  on  imports  of  CFL-i  originating  in  the 
PRC  should  not  be  applied  to  imports  of  DC-CFL-i.  It  also  follows  that  DC-CFL-i 
were not subject to the original investigation although this was not explicitly spelled 
out in the original Regulation. 

(33)  Based  on  the  above,  the  scope  of  application  of  the  existing  measures  should  be 

clarified by an amendment to the original Regulation. 

(34)  Since measures imposed by Council Regulation (EC) No 1470/2001 were extended to 
imports  of  CFL-i  consigned  from  Vietnam,  Pakistan  and/or  the  Philippines  whether 
declared  as  originating  in  Vietnam,  Pakistan  or  the  Philippines  or  not  by  Council 
Regulation (EC) No 866/2005, this Regulation should be amended accordingly. 

5. 

REQUEST FOR RETROACTIVE APPLICATION 

(35)  Given the conclusions in recitals (32) and (33) above that DC-CFL-i were not part of 
the  product  concerned  in  the  original  investigation  leading  to  the  imposition  of  anti-
dumping measures on imports of CFL-i from the PRC, the clarification of the product 
scope  should  have  a  retroactive  effect  to  the  date  of  the  imposition  of  the  existing 
definitive anti-dumping duties. 

(36)  Consequently, the definitive anti-dumping duties paid pursuant to Council Regulation 
(EC) No 1470/2001 on imports of CFL-i in the Community should be reimbursed for 
those import transactions which were related to DC-CFL-i. The  reimbursement must 
be requested from national customs authorities in accordance with applicable national 
customs legislation and without prejudice to the Communities own resources, and in 
particular  Article  7(1)  of  Council  Regulation  (EC,  Euratom)  No  1150/2000  of 
22 May 2000  implementing  Decision  94/728/EC,  Euratom  on  the  system  of  the 
Communities' own resources. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

Article 1(1) of Council Regulation (EC) No 1470/2001 is amended as follows:  

“1.  A  definitive  anti-dumping  duty  is  hereby  imposed  on  imports  of  electronic  compact 
fluorescent discharge lamps functioning on alternating current (including electronic compact 
fluorescent  discharge  lamps  functioning  on  both  alternating  and  direct  current),  with  one  or 
more  glass  tubes,  with  all  lightening  elements  and  electronic  components  fixed  to  the  lamp 
foot, or integrated in the lamp foot, falling within CN code ex 8539 31 90 (TARIC code 8539 
31 90*91 until 10 September 2004 and TARIC code 8539 31 90*95 from 11 September 2004 
on), and originating in the People’s Republic of China.” 

Article 2(1) of Council Regulation (EC) No 1470/2001 is amended as follows:  

“1. The amounts secured by way of provisional anti-dumping duties pursuant to Regulation 
(EC) No 255/2001 on imports of electronic compact fluorescent discharge lamps functioning 
on alternating current 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 shall be collected at the rate of the duty definitively imposed. The amounts 
secured  by  way  of  provisional  duties  pursuant  to  Regulation  (EC)  No  255/2001  on  imports 
manufactured  by  Zhejiang  Sunlight  Group  Co.,  Ltd  shall  be  collected  at  the  rate  of  duty 
definitively imposed on imports manufactured by Zhejiang Yankon Group Co., Ltd (TARIC 
additional code A241).”) 

Article 2 

Article 1(1) of Council Regulation (EC) No 866/2005 is amended as follows:  

“1. The definitive anti-dumping duty of 66,1 % imposed by Regulation (EC) No 1470/2001 
on  imports  of  electronic  compact  fluorescent  discharge  lamps  functioning  on  alternating 
current  (including  electronic  compact  fluorescent  discharge  lamps  functioning  on  both 
alternating and direct current), with one or more glass tubes, with all lightening elements and 
electronic components fixed to the lamp foot, or integrated in the lamp foot falling within CN 
code ex 8539 31 90 (TARIC code 8539 31 90*91 until 10 September 2004 and TARIC code 
8539  31  90*95  from  11  September  2004  on),  and  originating  in  the  People’s  Republic  of 
China, is hereby extended to electronic compact fluorescent discharge lamps functioning on 
alternating current (including electronic compact fluorescent discharge lamps functioning on 
both alternating and direct current), with one or more glass tubes, with all lightening elements 
and  electronic  components  fixed  to  the  lamp  foot  or  integrated  in  the  lamp  foot  consigned 
from  Vietnam,  Pakistan  and/or  the  Philippines  whether  declared  as  originating  in  Vietnam, 
Pakistan or the Philippines or not (TARIC code 8539 31 90*92).” 

1.  This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union and shall apply from 9 February 2001. 

Article 3 

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2. Any reimbursement of anti-dumping duties paid on the basis of Council Regulation (EC) 
No  1470/2001  between  9  February  2001  and  the  date  of  entering  into  force  of  the  present 
Regulation shall be made without any prejudice to the provisions of Council Regulation (EC, 
Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the 
system of the Communities' own resources and in particular article 7 thereof. 

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

Done at Brussels,  

For the Council 
The President 

EN 

12 

   EN