Notice of initiation of a partial interim review of the antidumping measures applicable to imports of hand pallet trucks and their essential parts (HPT) originating in the People's Republic of China
Date: 2007-08-07
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, hoisting equipment, import, originating product

7.8.2007

EN

Official Journal of the European Union

C 184/11

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of a partial interim review of the antidumping measures applicable to imports
of hand pallet trucks and their essential parts (HPT) originating in the People's Republic of China

(2007/C 184/07)

interim review pursuant

The Commission has decided on its own initiative to initiate a
to Article 11(3) of Council
partial
Regulation (EC) No 384/96 of 22 December 1995 on protec-
tion against dumped imports from countries not members of
the European Community (‘the basic Regulation’) (1). The review
is limited to the examination of the product scope as regards
the clarification of whether certain product types fall within the
scope of the measures on hand pallet trucks.

1. Product

The product under review is hand pallet trucks and their essen-
tial parts, i.e. chassis and hydraulics, originating in the People's
Republic of China originating in People's Republic of China (‘the
product concerned’), currently classifiable within CN codes
ex 8427 90 00 and ex 8431 20 00. These CN codes are given
only for information.

between these products and HPT. Therefore it is appropriate to
review the case as far as a clarification of the scope of the
product
is concerned, with the conclusion thereon possibly
having retroactive effect as of the date of the imposition of the
relevant measures.

4. 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, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation, limited to
the examination of the product scope.

(a) Questionnaires

2. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1174/2005 (2) on
imports of hand pallet
essential parts
trucks
originating in People's Republic of China.

and their

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the Community industry, to known importers, to known
exporting producers in the country concerned and to the
authorities of the exporting country concerned. This infor-
mation and supporting evidence should reach the Commis-
sion within the time limit set in point 5(a).

3. Grounds for the review

The information at the Commission's disposal
indicates that
certain products (so-called highlifters, stackers, scissorlifts and
weighing trucks), which could allegedly fall under the product
scope, appear to be distinct from HPT, inter alia due to their
specific functions (lifting, stacking or weighing) and end uses. In
order to fulfil these functions, there appear to be differences in
the strength and construction of the fork, hydraulics, chassis,
wheels, etc. The aforementioned features underline the differen-
ces in use — and there appears to be no interchangeability

(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.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence must reach the Commission within the
time limit set in point 5(a).

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 5(b).

C 184/12

EN

Official Journal of the European Union

7.8.2007

5. Time limits

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

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
in the basic Regulation
most procedural rights set out
depends on the party's making itself known within the
aforementioned period.

(b) Hearings

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

6. Written submissions, questionnaire replies and corres-

pondence

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 interested
parties on a confidential basis shall be labelled as ‘Limited’ (1)
and, in accordance with Article 19(2) of the basic Regulation,
shall be accompanied by a non-confidential version, which will
be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate H
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05

7. 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.

8. 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.

9. Processing of personal data

Please note that any personal data collected in this investigation
will be treated in accordance with Regulation (EC) No 45/2001
of the European Parliament and of the Council of 18 December
2000 on the protection of individuals with regard to the proces-
sing of personal data by the Community institutions and bodies
and on the free movement of such data (2).

(1) This means that the document is for internal use only. It is protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the Euro-
pean Parliament and of the Council of 30 May 2001 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).

(2) OJ L 8, 12.1.2001, p. 1.