Notice of initiation of an expiry review of the antidumping measures applicable to imports of gas-fuelled, non-refillable pocket flint lighters originating in the People's Republic of China and consigned from or originating in Taiwan and on imports of certain refillable pocket flint lighters originating in the People's Republic of China and consigned from or originating in Taiwan.
Date: 2006-09-16
Institutions: European Commission
Subjects: China, Taiwan, anti-dumping legislation, anti-dumping measure, import, manufactured goods, originating product

16.9.2006

EN

Official Journal of the European Union

C 223/7

Notice of initiation of an expiry review of the antidumping measures applicable to imports of gas-
fuelled, non-refillable pocket flint lighters originating in the People's Republic of China and
consigned from or originating in Taiwan and on imports of certain refillable pocket flint lighters
originating in the People's Republic of China and consigned from or originating in Taiwan.

(2006/C 223/05)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of gas-fuelled,
non-refillable pocket flint lighters originating in the People's
Republic of China,
(‘country concerned’) as extended to the
same lighters originating in or consigned from Taiwan, and as
extended to certain refillable pocket flint lighters originating in
the People's Republic of China or originating in or consigned
from Taiwan,
for
review pursuant to Article 11 (2) of Council Regulation (EC)
No 384/96 on protection against dumped imports from coun-
tries not members of the European Community (‘the basic
Regulation’) (2), as last amended by Council Regulation (EC) No
2117/2005 (3).

the Commission has received a request

4. Grounds for the review

The request
the expiry of
is based on the grounds that
measures would lead to a likelihood of continuation or recur-
rence of injurious dumping.

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(c). 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.

1. Request for review

On this basis, the dumping margin calculated is significant.

The request was lodged on 16 June 2006 by the Community
producer BIC S.A. representing a major proportion, in this case
more than 50 %,of the total Community production of gas-
fuelled, non-refillable pocket flint lighters.

2. Product

The product under review is gas-fuelled, non-refillable pocket
flint lighters. By Council Regulation (EC) No 192/1999, as
maintained by Regulation (EC) No 1824/2001, the product
scope has been extended to gas-fuelled, refillable pocket flint
incorporating a plastic tank body. The product
lighters
concerned
CN code
ex 9613 10 00 and ex 9613 20 90. These CN codes are given
only for information.

classifiable within

currently

is

The applicant further alleges the likelihood of further injurious
dumping. In this respect the applicant presents evidence that,
should measures be allowed to lapse, the current import level
of the product concerned is likely to increase due to the poten-
tial of the manufacturing facilities of the exporting producers
in the country concerned which could easily restart or increase
the production of the product concerned.

It is also alleged that
imports of the product
the flow of
concerned is likely to rise due to the attractiveness of the EU
market. All this can further lead to a redirection of exports
from other third countries to the Community.

the applicant alleges

that any recurrence of
In addition,
from the country
substantial
concerned would likely lead to a recurrence of further injury of
the Community industry should measures be allowed to lapse.

imports at dumped prices

3. Existing measures

Furthermore, the applicant points out that during the period of
imposition of measures, the exporters/producers of the product
concerned from the People's Republic of China tried to under-
mine the existing measures by circumvention practices, which
were counteracted by Council Regulation (EC) No 192/1999 (6).

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EEC) No 3433/91, as
extended by Council Regulation (EC) No 192/1999 (4) and as
maintained by Council Regulation (EC) 1824/2001 (5).

5. Procedure

(1) OJ C 321, 16.12.2005, p. 4.
(2) 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.).

(3) OJ L 340, 23.12.2005, p. 17.
(4) OJ L 21, 29.1.1999, p. 1.
(5) OJ L 248, 18.9.2001, p. 1. Regulation as last amended by Regu-

lation (EC) No 155/2003.

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.

(6) OJ L 21, 29.1.1999, p. 1.

C 223/8

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Official Journal of the European Union

16.9.2006

5.1. Procedure

for

the determination of

likelihood of

dumping and injury

consequences of non-cooperation are set out
point 8 below.

in

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.

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.

(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.

(ii) F i na l se le c ti on of th e sa mp le

(i) Sa mp l i ng

f or
Pe op le 's R e p u b li c of Ch i na

e x p or te r s/ p r o du c e r 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).

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
exporting 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 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,

and/or telex numbers and contact person,

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

in pieces 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,

— 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
will imply replying to a questionnaire and accepting
an on-the-spot investigation of its response. If the
it does not agree to its
company indicates that
possible inclusion in the sample, it will be deemed
to not have cooperated in the investigation. The

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

Companies included in the sample must reply to a
questionnaire within the time limit set in point 6 (b)(iii)
and must cooperate within the framework of the inves-
tigation.

sufficient

forthcoming,

cooperation 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 exporters/producers in
the People's Republic of China to any association of expor-
ters/producers,
to any association of
importers named in the request or which cooperated in the
investigation leading to the measures subject to the present
review, to any known user or user association, and to the
authorities of the exporting country concerned.

to the importers,

(c) Selection of the market economy country

The Commission envisages to use Brazil as an appropriate
market economy country for the purpose of establishing
normal value in respect of the People's Republic of China.
Interested parties are hereby invited to comment on the
appropriateness of this country within the specific time
limit set in point 6(c).

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Official Journal of the European Union

C 223/9

5.2. Procedure for the assessment of Community interest

(b) Specific time limit in respect of sampling

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 parties to request a questionnaire

All
interested parties who did not cooperate 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) For parties to make themselves known, to submit ques-

tionnaire replies and any other information

All interested parties, if their representations are to be
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 this notice in the Official Journal of the
European Union, 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.

Companies selected in a sample must submit question-
naire replies within the time limit specified in point
6(b)(iii).

(iii) Hearings

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

(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
to be included in the
expressed their willingness
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)(ii) must reach the
Commission within a period of 21 days of the publica-
tion of this notice in the Official Journal of the European
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.

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

Parties to the investigation may wish to comment on the
appropriateness of Brazil which, as mentioned in point
is envisaged as a market-economy country for the
5(c),
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.

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

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

(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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8. Non-cooperation

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.

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

9. Schedule of the investigation

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

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.