Commission Regulation (EC) No 1295/2007 of 5 November 2007 making imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China subject to registration
Date: 2007-11-05
Institutions: European Commission
Subjects: China, anti-dumping legislation, citrus fruit, originating product, prepared foodstuff

L 288/22

EN

Official Journal of the European Union

6.11.2007

COMMISSION REGULATION (EC) No 1295/2007

of 5 November 2007

making imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in
the People’s Republic of China subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 10(4) and 14(5)
thereof,

After having consulted the Advisory Committee,

Whereas:

the basic Regulation,

The Commission has received a request, pursuant to Article
14(5) of
to make imports of certain
prepared or preserved citrus fruits (namely mandarins, etc.)
originating in the People’s Republic of China subject to regis-
tration.

(3)

(4)

(5)

A. PRODUCT CONCERNED

The product concerned by this registration is prepared or
preserved mandarins (including tangerines and satsumas),
clementines, wilkings and other similar citrus hybrids,
not containing added spirit, whether or not containing
added sugar or other sweetening matter, and as defined
under CN heading 2008, originating in the People’s
falling
Republic of China (the product
within CN codes
and
2008 30 55,
ex 2008 30 90.

concerned),
2008 30 75

B. REQUEST

(1)

(2)

the

to Article 5 of

Commission determined that there is sufficient evidence
to justify initiation of a proceeding and therefore,
basic Regulation,
pursuant
announced by a notice published in the Official Journal
of
the
initiation of an anti-dumping proceeding concerning
imports of certain prepared or preserved citrus fruits
(namely mandarins, etc.) originating in the People’s
Republic of China (2).

the European Union (the ‘Notice of

Initiation’)

The applicant also requests that imports of the product
concerned are made subject to registration pursuant to
Article 14(5) of the basic Regulation so that measures
may subsequently be applied against those imports from
the date of such registration.

C. EXISTING MEASURES

The product concerned is to a great extent currently
subject
to definitive safeguard measures imposed by
Commission Regulation (EC) No 658/2004 (3). These
measures will expire on 8 November 2007.

D. GROUNDS FOR THE REGISTRATION

entered

levied on products which were

According to Article 7(1) of the basic Regulation, provi-
sional measures may not be imposed earlier than 60 days
from initiation. However, according to Article 10(4) of
the basic Regulation, a definitive anti-dumping duty may
be
for
consumption not more than 90 days prior to the date
of application of provisional measures, provided that the
conditions set out in that paragraph are fulfilled, and
imports have been registered in accordance with Article
14(5). According to Article 14(5) of the basic Regulation,
the Commission may, after consultation of the Advisory
Committee, direct the customs authorities to take the
appropriate steps to register imports, so that measures
may subsequently be applied against those imports from
Imports may be made
the date of such registration.
subject
from the
Community industry which contains sufficient evidence
to justify such action.

to registration following a request

Having received a complaint from the Spanish National
Federation of Associations of Processed Fruit and Vege-
the
tables

applicant’),

(hereinafter

(FNACV)

‘the

(6)

The request contains sufficient evidence to justify regis-
tration. This is further supported by evidence from other
sources.

(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 C 246, 20.10.2007, p. 15.
(3) OJ L 104, 8.4.2004, p. 67.

6.11.2007

EN

Official Journal of the European Union

L 288/23

(7)

(8)

(9)

As regards dumping, the Commission has at its disposal
sufficient prima facie evidence that imports of the product
concerned originating in the People’s Republic of China
are being dumped, and that
the exporters practice
dumping. The anti-dumping complaint and request for
registration contains evidence with regard to export
prices relating to the 2006/2007 season. This is further
supported by information emanating from Eurostat data
and from several offers or statements of export prices
emanating from a number of sources and addressed to
a number of importers. The evidence regarding normal
value, contained in the anti-dumping complaint and
request
to
further data becoming available during the investigation,
consists of detailed data concerning domestic prices and
costs of production from all or almost all of
the
producers in an analogue country. At this stage, this
data, appropriately adjusted for estimated transport and
other costs, would, on its face, appear to relate to the
same product and time period and the same level of
trade,
to be broadly
comparable. As a whole, and given the extent of the
dumping margin alleged, this evidence provides sufficient
the exporters in question
support at
practice dumping.

and therefore would appear

this stage and subject

for registration, at

this stage that

the

that

facie

prima

As regards injury, the Commission has at its disposal
exporters’
sufficient
evidence
dumping practices are causing injury or would cause
injury. This evidence consists of detailed data, contained
in the anti-dumping complaint and request for regis-
tration and supported by information from other
sources, concerning the key injury factors set out
in
Article 3(5) of the basic Regulation. Furthermore, the
evidence relating to the previous safeguard investigation
supports the view that, absent the safeguard measure, the
volume of imports would increase significantly, and that
the Community industry would suffer further injury.

(10)

at

the Commission has

its disposal
Furthermore,
sufficient prima facie evidence that such injury is being
caused or would be caused by massive dumped imports
in a relatively short time which in light of the timing and
the volume of the dumped imports and other circum-
stances (such as the rapid build-up of inventories) would
be likely to seriously undermine the remedial effect of
any definitive anti-dumping duties, unless such duties
would be applied retroactively. This evidence, contained
in the anti-dumping complaint and request for regis-
tration and supported by information from other
sources, consists of information about the nature of the
product, including its fungible and seasonal nature, and
the fact that it is canned and may be easily stored for
extended periods, and easily transported. This also makes
it possible to rapidly build-up inventories. Furthermore,
evidence from the safeguard investigation confirms the
view that, absent any measure, the volume of imports is
again likely to increase dramatically. This is particularly
so, given that the expiry of the safeguard measure occurs
shortly after the beginning of the canning season.

(11) Accordingly, the conditions for registration in this case

are met.

E. PROCEDURE

(12)

In the light of the above, the Commission has concluded
that the applicant’s request contains sufficient evidence to
make imports of the product concerned subject to regis-
tration,
in accordance with Article 14(5) of the basic
Regulation.

that

The Commission also has at its disposal sufficient prima
facie evidence, contained in the anti-dumping complaint
for registration and supported by infor-
and request
mation from other sources,
the importers were
aware, or should have been aware, that the exporters
practice dumping injurious to or likely to be injurious
to the Community industry. A notice initiating an inves-
tigation into alleged injurious dumping has been
published. Furthermore, several articles in the specialist
press over an extended period of time suggest that the
Community industry may suffer injury as a result of low
priced imports from China. Finally, given the extent of
the dumping that it would appear may be occurring, it is
reasonable to conclude that
the importers would be
aware, or should be aware, of the situation.

(14)

(13) All

interested parties are invited to make their views
known in writing and to provide supporting evidence.
Furthermore,
interested
parties, provided that they make a request in writing
and show that
there are particular reasons why they
should be heard.

the Commission may hear

F. REGISTRATION

Pursuant to Article 14(5) of the basic Regulation, imports
of the product concerned should be made subject to
registration in order to ensure that, should the investi-
gation result in findings leading to the imposition of
if the necessary
anti-dumping duties, those duties, can,
conditions
in
accordance with applicable legal provisions.

levied retroactively

fulfilled, be

are

L 288/24

EN

Official Journal of the European Union

6.11.2007

(15) Any future liability would emanate from the findings of
the anti-dumping investigation. The allegations in the
complaint requesting the initiation of an investigation
exceed 50 % for dumping and 30 % for injury.

G. PROCESSING OF PERSONAL DATA

(16) Any personal data collected in this investigation will be
treated in accordance with Regulation (EC) No 45/2001
of
the European Parliament and the Council of 18
December 2000 on the protection of individuals with
regard to the processing of personal data by the
Community institutions and bodies and on the free
movement of such data (1),

HAS ADOPTED THIS REGULATION:

steps to register the imports into the Community of prepared or
preserved mandarins (including tangerines and satsumas), clem-
entines, wilkings and other similar citrus hybrids, not containing
added spirit, whether or not containing added sugar or other
sweetening matter, and as defined under CN heading 2008,
originating in the People’s Republic of China,
falling within
CN codes 2008 30 55, 2008 30 75 and
ex 2008 30 90
(TARIC
2008 30 90 63,
2008 30 90 65, 2008 30 90 67, 2008 30 90 69). Registration
shall expire nine months following the date of entry into
force of this Regulation.

2008 30 90 61,

codes

All interested parties are invited to make their views known in
writing, to provide supporting evidence or to request to be
heard within 20 days from the date of publication of
this
Regulation.

Article 1

The Customs authorities are hereby directed, pursuant to Article
14(5) of Regulation (EC) No 384/96, to take the appropriate

This Regulation shall enter into force on 9 November 2007.

Article 2

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

Done at Brussels, 5 November 2007.

For the Commission

Peter MANDELSON
Member of the Commission

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