Notice of initiation of a partial interim 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: 2006-09-08
Institutions: European Commission
Subjects: anti-dumping duty, anti-dumping legislation, electronic equipment, import, lighting equipment, originating product

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Official Journal of the European Union

8.9.2006

Notice of initiation of a partial interim review of the antidumping measures applicable to imports
of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of
China

(2006/C 217/02)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 on protection against dumped imports from countries
not members of the European Community ('the basic Regu-
lation') (1), as last amended by Council Regulation (EC) No
2117/2005 (2).

1. Request for review

The request was lodged by the Community Federation of
Lighting Industry of Compact Fluorescent Lamps Integrated (2
CFLI) (‘the applicant’).

The review is limited in scope to the examination of dumping
as far as one exporting producer, Lisheng Electronic & Lighting
(Xiamen) Co., Ltd (‘the company’) is concerned.

2. Product

The product under review is 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
lighting elements and electronic components
tubes, with all
fixed to the lamp foot, or integrated in the lamp foot origin-
(‘the product
ating in the People's Republic of China
concerned’),
code
within
ex 8539 31 90. This CN code is only given for information.

classifiable

currently

CN

prices of the product concerned when sold for export to the
Community.

On this basis, the dumping margin calculated would be signifi-
cantly higher than the dumping found in the previous investi-
gation that
the
continued imposition of measures at the existing level is no
longer sufficient to offset dumping.

led to the existing duty rate. Therefore,

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, limited to dumping aspects as far Lisheng Elec-
tronic & Lighting (Xiamen) Co., Ltd is concerned, the Commis-
sion hereby initiates a review in accordance with Article 11 (3)
of the basic Regulation.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the company mentioned above.

(a) Questionnaires

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1470/2001 (3) on
imports of CFL-i imported from the People's Republic of China,
as last amended by Council Regulation (EC) No 1322/2006 (4).

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the company and to the authorities of the People's
Republic of China. This
information and supporting
evidence should reach the Commission within the time
limit set in point 6(a).

4. Grounds for the review

(b) Collection of information and holding of hearings

The applicant has provided sufficient prima facie evidence that
the circumstances with regard to dumping on the basis of
which measures were established for
the company have
changed and that these changes are of a lasting nature.

The allegation of increased dumping for the company is based
on a comparison of a constructed normal value with the export

submit

All interested parties are hereby invited to make their views
known,
than questionnaire
replies and to provide supporting evidence. This informa-
tion and supporting evidence must reach the Commission
within the time limit set in point 6(a).

information other

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 340, 23.12.2005, p. 17.
(3) OJ L 195, 19.7.2001, p. 8.
(4) OJ L 244, 7.9.2006, p. 1.

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(b).

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Official Journal of the European Union

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(c) Market economy status

If Lisheng Electronic & Lighting (Xiamen) Co., Ltd claims
and provides sufficient evidence that
it operates under
market economy conditions, i.e. that it meets the criteria
laid down in Article 2(7) (c) of the basic Regulation, normal
value will be determined in accordance with Article 2(7)(b)
of the basic Regulation. If Lisheng Electronic & Lighting
(Xiamen) Co., Ltd intends to submit a duly substantiated
claim, it must do so within the specific time limit set in
point 6(d). The Commission will send a claim form to
Lisheng Electronic & Lighting (Xiamen) Co., Ltd.

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

(b) Hearings

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

(d) Selection of the market economy country

(c) Specific time limit for the selection of the market economy country

In the event that Lisheng Electronic & Lighting (Xiamen)
Co., Ltd is not granted market economy status but fulfils
the requirements to have an individual duty established in
accordance with Article 9(5) of the basic Regulation, an
appropriate market economy country will be used for the
purpose of establishing normal value in respect of
the
People's Republic of China in accordance with Article 2(7)
(a) of
the basic Regulation. The Commission envisages
using Mexico again for this purpose as was done in the
investigation which led to the imposition of measures on
imports of
the product concerned from the People's
Republic of China. Interested parties are hereby invited to
comment on the appropriateness of this choice within the
specific time limit set in paragraph 6(b) of this notice.

in the event

that Lisheng Electronic &
Furthermore,
Lighting (Xiamen) Co., Ltd is granted market economy
status, the Commission may, if necessary, also use findings
concerning the normal value established in an appropriate
market economy country, e.g. for the purpose of replacing
any unreliable cost or price elements in the People's
Republic of China which are needed in establishing the
normal value, if reliable required data are not available in
the People's Republic of China. The Commission envisages
using Mexico also for this purpose.

6. Time limits

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

replies and any other information

interested parties,

All
their representations are to be
taken into account during the investigation, must make

if

Parties to the investigation may wish to comment on the
appropriateness of Mexico which, as mentioned in point
is envisaged as a market-economy country for the
5(d),
purpose of establishing normal value in respect of
the
People's Republic of China. These comments must reach
the Commission within 10 days of the date of publication
of this notice in the Official Journal of the European Union.

(d) Specific time limit for submission of claims for market economy

status and/or for individual treatment

A duly substantiated claim for market economy status (as
mentioned in point 5(c)) and/or for individual treatment
pursuant to Article 9(5) of the basic Regulation, must reach
the Commission within 21 days of the date of publication
of this notice in the Official Journal of the European Union.

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 labelled as
‘Limited (1)’ and, in accordance with Article 19(2) of the basic
Regulation,
accompanied by a non-confidential
version, which will be labelled ‘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

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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

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.

9. Schedule of the investigation

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.