Council Regulation (EC) No 1322/2006 of 1 September 2006 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: 2006-09-01
Institutions: Council of the European Union
Subjects: China, anti-dumping duty, anti-dumping legislation, electronic equipment, import, lighting equipment

7.9.2006

EN

Official Journal of the European Union

L 244/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1322/2006

of 1 September 2006

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

fluorescent

THE COUNCIL OF THE EUROPEAN UNION,

1.2. Request for an interim review

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 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)

the Council

By Regulation (EC) No 1470/2001 (2) (the ‘original Regu-
lation’),
imposed definitive anti-dumping
duties ranging from 0 % to 66,1 % on imports of inte-
(‘CFL-i’)
grated electronic compact
originating in the People’s Republic of China (the
‘original investigation’).

fluorescent

lamps

By Regulation (EC) No 866/2005 (3), further to an inves-
tigation in accordance with Article 13 of the basic Regu-
lation, 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) 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 195, 19.7.2001, p. 8.
(3) OJ L 145, 9.6.2005, p. 1.

(3)

(4)

(5)

On 3 August 2004, the Commission received a request
pursuant to Article 11(3) of Regulation (EC) No 384/96
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 applicant alleged
that the latter had different basic technical and physical
characteristics as well as different end uses and appli-
cations to 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
the anti-dumping duty and the definition of
product concerned of the original Regulation amended
accordingly. The applicant also requested that any
scope
exclusion of
should have retroactive effect.

from the product

the DC-CFL-i

1.3. Initiation

after

consulting

determined,

Having
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
Union (4)
interim review in
accordance with Article 11(3) of the basic Regulation,
limited in scope to the examination of the product scope.

the initiation of a partial

1.4. Investigation

The Commission officially advised the authorities of the
People’s Republic of China (‘PRC’),
the producers/ex-
porters in the PRC, the importers in the Community
known to be
in the
Community and the associations of producers in the
investigation.
Community of
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 producers

initiation of

concerned,

the

the

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

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(6)

(7)

The Commission requested from all parties known to be
concerned, and all other companies which made them-
selves 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,
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.

actual production,

value

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 cooperated in the present investigation and
submitted the basic information mentioned in recital 6.

the wattage and the cover of

the
lifetime,
different input voltage has not been investigated, nor
was it raised by any interested party during the original
investigation.

the lamp,

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 char-
acteristics and end-uses. In this regard, the interchange-
ability and the competition between AC-CFL-i and DC-
CFL-i in the Community were also assessed.

1.5. Investigation period

3.2. Basic physical and technical characteristics

(8)

The investigation period covered the period from 1
November 2003 to 31 October 2004 (the ‘IP’).

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.

(11)

2. PRODUCT CONCERNED

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
PRC (1) (the ‘provisional Regulation’) and confirmed by
the
the definitive findings of
product concerned is designed to replace normal incan-
descent lamps and fits into the same lamp socket as the
incandescent lamps.

the original Regulation,

(12) While during the original investigation different product
inter alia, the

types have been identified depending on,

(1) OJ L 38, 8.2.2001, p. 8.

(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.

(15)

(16)

(17)

i.e.
for DC-CFL-i. As a consequence,

The input voltage for AC-CFL-i and DC-CFL-i, however,
it is alternating for AC-CFL-i whereas it is
differs;
the electronic
direct
ballasts
different
in DC-CFL-i must
components to 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.

have

used

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 func-
tioning on alternating current. Both had exactly the same
functions,
incandescent lamps in
the respective markets.

i.e. to replace normal

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
the power supply used by the DC-CFL-i
structure of
the use of different
and AC-CFL-i, which requires
components,
to each type
different technical characteristics.

and therefore,

confers

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3.3. Basic end uses and interchangeability

(18) As mentioned in recital 11, the product concerned by the
investigation is designed to replace normal

original
incandescent lamps.

petrol or diesel motors. The Community industry
argued that both types of cars would have the same
functions,
transport of persons,
and would therefore be considered as one single product.

i.e. motorised street

(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,
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.

in order

(21)

applications. Users of AC-CFL-i

Furthermore, AC-CFL-i are used in the applications listed
the provisional Regulation,
in recital 110 of
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
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,
systems,
photovoltaic panels). 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 incandescent lamps
and consequently that AC-CFL-i and DC-CFL-i are not
interchangeable.

solar

(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.
the
Community industry compared AC-CFL-i and DC-DCL-i
to different types of cars depending whether they use

In this

regard,

(24) However, besides the fact

that

interim review,

the determination of
whether cars with petrol motors and cars with diesel
motors form one single product is not subject to the
present
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 alter-
nating 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 thus not
interchangeable
different markets.
supply
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.

but

(28)

The sole cooperating EC producer claimed that, in areas
where alternating current is available, consumers may
choose to be equipped with photovoltaic 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 photovoltaic panels
would result only from the competition between DC and
AC-CFL-i.
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 economic logic. On
this basis, the claim had to be rejected.

It

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(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.

the clarification of the product scope should have a retro-
active effect to the date of the imposition of the existing
definitive anti-dumping duties.

(36)

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 alter-
nating current voltage socket and switched on.

those

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

authorities

(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 charac-
teristics, and do not have the same basic end-uses. They
are not interchangeable and do not compete with each
it is
other on the Community market. On this basis,
concluded
two
are
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.

that DC-CFL-i

and AC-CFL-i

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1470/2001 is amended as follows:

1. Article 1(1) is replaced by the following:

‘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 lighting elements and electronic components
fixed to the lamp foot, or integrated in the lamp foot, falling
within
code
8539 31 90*91 until 10 September 2004 and TARIC code
8539 31 90*95 from 11 September 2004 on), and origi-
nating in the People’s Republic of China.’

ex 8539 31 90

(TARIC

code

CN

(33)

Based on the above,
the
existing measures should be clarified by an amendment
to the original Regulation.

the scope of application of

2. Article 2(1) is replaced by the following:

(34)

extended

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

imports

to

5. REQUEST FOR RETROACTIVE APPLICATION

(35) Given that the conclusions in recitals 32 and 33 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,

‘1.
The amounts secured by way of provisional anti-
dumping duties pursuant to Regulation (EC) No 255/2001
fluorescent discharge
on imports of electronic compact
lamps functioning on alternating current
(including elec-
tronic compact fluorescent lamps functioning on both alter-
nating and direct 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 defini-
tively imposed on imports manufactured by Zhejiang
Yankon Group Co., Ltd (TARIC additional code A241).’

(1) OJ L 130, 31.5.2000, p. 1.

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Article 2

Article 1(1) of Council Regulation (EC) No 866/2005 is
replaced by the following:

tronic 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
(TARIC code
8539 31 90*92).’

Philippines

not

the

or

or

integrated in the lamp foot

(including electronic compact

‘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 alter-
fluorescent
nating current
discharge lamps functioning on both alternating and direct
current), with one or more glass tubes, with all
lighting
elements and electronic components fixed to the lamp foot,
falling within CN code
or
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 fluor-
escent 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 lighting elements and elec-

Article 3

This Regulation shall enter into force on the day following

1.
its publication in the Official Journal of the European Union.

It shall apply from 9 February 2001.

2.
Any reimbursement of anti-dumping duties paid on the
basis of Regulation (EC) No 1470/2001 between 9 February
2001 and the date of entering into force of the present Regu-
lation shall be made without any prejudice to the provisions of
Regulation (EC, Euratom) No 1150/2000 and in particular
Article 7 thereof.

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

Done at Brussels, 1 September 2006.

For the Council
The President

E. TUOMIOJA