2006/886/EC: Commission Decision of 6 December 2006 terminating the anti-absorption reinvestigation concerning imports of hand pallet trucks and their essential parts originating in the People's Republic of China
Date: 2006-12-06
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, hoisting equipment, import, originating product

L 341/46

EN

Official Journal of the European Union

7.12.2006

COMMISSION DECISION

of 6 December 2006

terminating the anti-absorption reinvestigation concerning imports of hand pallet trucks and their
essential parts originating in the People's Republic of China

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

(2006/886/EC)

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 (the ‘basic
Regulation’) (1) and in particular Articles 9 and 12 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

A. PROCEDURE

1. Original measures

In July 2005, the Council
imposed by Regulation (EC)
No 1174/2005 (2) a definitive anti-dumping duty (‘the
original measures’) on imports of hand pallet
trucks
and their essential parts originating in the People’s
Republic of China (‘PRC’). Individual anti-dumping duty
rates ranging from 7,6 % to 39,9 % were imposed on co-
operating exporting producers in the PRC. The rate
applicable to imports from all other companies is 46,7 %.

2. Request for an anti-absorption reinvestigation

On 15 February 2006, a request for a reinvestigation of
the original measures was lodged pursuant to Article 12
of the basic Regulation. This request was submitted by
four major Community producers of hand pallet trucks
and essential parts thereof (BT Products AB, Franz Kahl
GmbH, Bolzoni Auramo SpA and Pramac Lifter S.p.A)
representing a major proportion, in this case more than
production (‘the
total Community
70 %,
of
applicants’).

the

(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 189, 21.7.2005, p. 1.

(4)

(5)

(6)

The applicants submitted sufficient prima facie
infor-
the anti-dumping duty imposed
mation showing that
on hand pallet trucks and essential parts thereof origi-
nating in the PRC has not led to any movement or
sufficient movement
subsequent
selling prices in the Community, suggesting an increase
in dumping and thus impeding the intended remedial
effects of the anti-dumping measures in force.

in resale prices or

3. The anti-absorption reinvestigation

On 31 March 2006, the Commission announced by a
the European
notice published in the Official
Union (3),
the
original measures pursuant to Article 12 of the basic
Regulation.

the initiation of a reinvestigation of

Journal of

The Commission officially advised the exporters/pro-
ducers known to be concerned, the representatives of
the
the exporting country,
initiation of this reinvestigation. Interested parties were
given the opportunity to make their views known in
writing and to request a hearing within the time limit
set out in the notice of initiation. The Commission sent
questionnaires to all parties known to be concerned.

importers and users of

i.e.

Two sufficiently complete questionnaire replies were
received from Chinese exporting producers,
from
Joint Stock Co. Ltd. and from Zhejiang
Ningbo Ruyi
Joint Stock Co. Ltd., both of
Noblelift Equipment
investigation.
which also co-operated in the original
One other exporting producer, Yale Industrial Products
Co. Ltd., only provided substantially incomplete infor-
therefore, after having been duly
mation and was
informed,
in
the basic Regulation.
accordance with Article 18 of
Two other exporting producers which co-operated in
investigation did not provide any infor-
the original
mation in the present absorption reinvestigation,
i.e.
Ningbo Liftstar Material Transport Equipment Factory
and Ningbo Tailong Machinery Co. Ltd.

considered to be non co-operating

(7)

Furthermore, nine importers of hand pallet trucks and
their essential parts made themselves known, of which
five sufficiently co-operated in the present reinvestigation.

(3) OJ C 78, 31.3.2006, p. 24.

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Official Journal of the European Union

L 341/47

(8)

The Commission sought and verified all the information
deemed necessary for the purpose of this reinvestigation.
Verification visits were carried out at the premises of the
following exporting producers in the PRC:

— Ningbo Ruyi
Ninghai, PRC;

Joint Stock Co. Ltd, Hangzhou and

— Zhejiang Noblelift Equipment Joint Stock Co. Ltd.,

(13)

Changxing, PRC.

(9)

The investigation period of this reinvestigation (‘reinves-
tigation IP’) ran from 1 April 2005 to 31 March 2006.
The reinvestigation IP was used to determine the current
level of export prices and the level of the prices delivered
to the final customers in the Community. In establishing
the export prices and the resale prices or
whether
subsequent selling prices in the Community had moved
sufficiently, the price levels charged during the reinvesti-
gation IP were compared to those charged during the
IP’) which had
original
covered the period from 1 April 2003 to 31 March
2004.

investigation period (‘original

B. PRODUCT CONCERNED

(10)

The product concerned by the present reinvestigation is
the same as in the original investigation, i.e. hand pallet
trucks, not self propelled, used for
the handling of
materials normally placed on pallets, and their essential
parts, i.e. chassis and hydraulics, originating in the PRC
(‘the product concerned’), normally classified within CN
codes ex 8427 90 00 and ex 8431 20 00.

C. FINDINGS

(11)

this reinvestigation was to establish
The purpose of
the original
whether or not since the imposition of
measures (i) export prices had decreased or (ii)
there
had been no or insufficient movement in resale prices
or subsequent selling prices in the Community of the
product concerned.

(12)

In accordance with Article 12 of the basic Regulation,
importers/users and exporters/producers were provided
with an opportunity to submit evidence to justify a
decrease in export prices and/or lack of movement in

and subsequent

in the
resale prices
Community,
the
original measures for reasons other than absorption of
the anti-dumping duty.

following the imposition of

selling prices

if any,

1. Decrease in export prices

In the reinvestigation IP sales of the product concerned
were made both via related parties in the Community
and in the PRC and directly to independent importers
and/or distributors in the Community. Movements in
export prices were assessed by comparing, per product
type and for the same delivery conditions, the weighted
average price observed in the reinvestigation IP with that
determined during the original IP.

(14)

The comparison of prices of
the two co-operating
exporting producers in the reinvestigation IP with those
in the original
IP showed no decrease in the average
export price of the product concerned.

(15)

(16)

(17)

2. Movement of resale prices or subsequent selling
prices in the Community

The movement of resale prices in the Community at the
level of importers and/or distributors was assessed by
comparing, for similar product types, the average resale
prices for the same delivery conditions,
including the
conventional duty plus the anti-dumping duty, of the
original IP with those determined in the reinvestigation
IP.
five importers, accounting for a
significant amount of imports of the product concerned
into the Community during the reinvestigation IP, co-
operated and provided data.

In this respect,

The comparison of their resale prices for these product
types showed that prices had increased by amounts
exceeding the anti-dumping duty. In this context,
it is
further noted that it was therefore not necessary to inves-
tigate in greater detail any decrease in profit margins of
the co-operating importers during the reinvestigation IP
compared to the original IP, which in any event remained
substantial during the reinvestigation IP.

Representative data with regard to subsequent selling
prices were not available. However, given that resale
prices of importers to unrelated customers were found
to have shown sufficient movement since the imposition
it was not unreasonable to
of anti-dumping measures,
conclude that
these
customers would also have shown sufficient movement.

the subsequent selling prices of

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Official Journal of the European Union

7.12.2006

(18)

(19)

3. Non co-operating companies

Since the two co-operating exporting producers in the
present reinvestigation exported in volume over 85 % of
the product concerned to the Community during the
reinvestigation IP, thus constituting high co-operation,
their findings were considered to be representative for
the
a whole. Therefore, no
recourse to facts available in the meaning of Article 18
the basic Regulation concerning non co-operating
of
exporting producers was made.

exporting country as

4. Conclusion

It was concluded as the result of the present reinvesti-
gation that absorption in the meaning of Article 12(2) of
the basic Regulation of the measures in place could not
be established for the co-operating exporting producers,
since neither a decrease in export prices nor an insuf-
ficient movement in resale prices or subsequent selling
prices for the product concerned was found.

(20)

The duty for the non-cooperating exporting producers
should be left unchanged as well
for the reasons set
out in recital (18) above.

(21)

(22)

Consequently,
should be terminated.

the present absorption reinvestigation

Interested parties were informed of the essential facts and
considerations upon which it was intended to terminate
this reinvestigation, and were given the opportunity to
comment. No substantive comments where received,

HAS DECIDED AS FOLLOWS:

Sole Article

The reinvestigation pursuant to Article 12 of Regulation (EC)
No 384/96 of the anti-dumping measures applicable to imports
of hand pallet trucks and their essential parts originating in the
People's Republic of China is hereby terminated.

Done at Brussels, 6 December 2006.

For the Commission

Peter MANDELSON
Member of the Commission