Commission Regulation (EC) No 1434/2007 of 5 December 2007 on initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 2074/2004 on imports of certain ring binder mechanisms originating in the People's Republic of China by imports of certain ring binder mechanisms consigned from Thailand, whether slightly modified or not and whether declared as originating in Thailand or not, and by imports of certain slightly modified ring binder mechanisms originating in the People's Republic of China, and making such imports subject to registration
Date: 2007-12-05
Institutions: European Commission
Subjects: China, Thailand, anti-dumping legislation, anti-dumping measure, book trade, import, infringement procedure (EU), office supplies, originating product

6.12.2007

EN

Official Journal of the European Union

L 320/23

COMMISSION REGULATION (EC) No 1434/2007

of 5 December 2007

on initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 2074/2004 on imports of certain ring binder
mechanisms originating in the People's Republic of China by imports of certain ring binder
mechanisms consigned from Thailand, whether slightly modified or not and whether declared as
originating in Thailand or not, and by imports of certain slightly modified ring binder mechanisms
originating in the People's Republic of China, and making such imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

(5)

(6)

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 13(3), 14(3) and 14(5)
thereof,

Whereas:

A. REQUEST

(1)

The Commission has received a request pursuant
to
Article 13(3) of the basic Regulation to investigate the
the anti-dumping measures
possible circumvention of
imposed on imports of certain ring binder mechanisms
originating in the People's Republic of China.

(2)

The request was lodged on 22 October 2007 by Ring
Alliance Ringbuchtechnik GmbH, a Community producer
of certain ring binder mechanisms.

B. PRODUCT

(3)

The product concerned by the possible circumvention is
certain ring binder mechanisms originating in the
People's Republic of China, normally declared under
CN code ex 8305 10 00 (‘the product concerned’). For
this Regulation, certain ring binder
the purpose of
mechanisms shall consist of two rectangular steel sheets
or wires with at least four half rings made of steel wire
fixed on it and which are kept together by a steel cover.
They can be opened either by pulling the half rings or
with a small steel-made trigger mechanism fixed to the
ring binder mechanism.

The products under investigation are certain ring binder
mechanisms which are slightly modified originating in
the People's Republic of China, normally declared under
CN code ex 8305 10 00 (classified previous to the entry
into force of
this Regulation under TARIC code
8305 10 00 90), and certain ring binder mechanisms,
consigned from
whether
code
declared
Thailand,
ex 8305 10 00 (classified previous to the entry into
force
codes
8305 10 00 19, 8305 10 00 29 and 8305 10 00 90)
(‘the products under investigation’).

slightly modified or not,

Regulation

normally

TARIC

under

under

this

CN

of

C. EXISTING MEASURES

The measures currently in force and possibly being
circumvented are anti-dumping measures imposed by
Council Regulation (EC) No 2074/2004 (2) as extended
consigned from
to imports of
Vietnam (3)
People's Democratic
Republic (4).

same product

from Lao

and

the

D. GROUNDS

The request contains sufficient prima facie evidence that
the anti-dumping measures on imports of certain ring
binder mechanisms originating in the People's Republic
of China are being circumvented by means of a slight
modification of the product concerned to make it fall
under custom codes which are normally not subject to
the measures, in particular CN code ex 8305 10 00 (clas-
sified previous to the entry into force of this Regulation
under TARIC code 8305 10 00 90), and that the modi-
fication does not alter the essential characteristics of the
product concerned. Examples of such slightly modified
types are ring binder mechanisms with more than two
rectangular steel sheets or wires and/or with chamfered
sheets, ring binder mechanisms with two steel sheets the
edges of which have been cut off and/or which have
indentations so that their shape is no longer rectangular.
Furthermore, the request contains sufficient prima facie
evidence that the anti-dumping measures on imports of
certain ring binder mechanisms originating in the
People's Republic of China are being circumvented by
means of
the product
transhipment via Thailand of
slightly modified (in the way
concerned, whether
described above) or not.

(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 359, 4.12.2004, p. 11.
(3) Council Regulation (EC) No 1208/2004 (OJ L 232, 1.7.2004, p. 1).
(4) Council Regulation (EC) No 33/2006 (OJ L 7, 12.1.2006, p. 1).

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Official Journal of the European Union

6.12.2007

(7)

The evidence submitted is as follows:

(a) Questionnaires

— The request shows that a significant change in the
pattern of trade involving exports from the People's
Republic of China and Thailand to the Community
has taken place following the imposition of measures
on the product concerned and that there is insuf-
ficient due cause or justification other than the impo-
sition of the duty for such a change.

— This change in the pattern of trade appears to stem
from the
the product
slight modification of
concerned and from the transhipment via Thailand
of certain ring binder mechanisms originating in
slightly
the People's Republic of China, whether
modified or not.

— Furthermore,

the

that

evidence

remedial

effects of

the request contains sufficient prima
facie
the
existing anti-dumping measures on the product
concerned are being undermined both in terms of
quantity and price. Significant volumes of imports
of the products under investigation appear to have
In
replaced imports of
addition,
this
sufficient
increase in imports is made at prices well below
the non-injurious price established in the investi-
gation that led to the existing measures.

the product

concerned.

evidence

there

that

is

— Finally,

the request contains sufficient prima facie
evidence that the prices of the products under inves-
tigation are dumped in relation to the normal value
previously established for the product concerned.

the basic Regulation, other

— Should circumvention practices covered by Article 13
of
than the ones
mentioned above, be identified in the course of the
investigation,
these
practices also.

investigation may cover

the

E. PROCEDURE

(8)

In the light of the above, the Commission has concluded
that sufficient evidence exists to justify the initiation of
an investigation pursuant to Article 13 of the basic Regu-
lation and to make imports of certain ring binder
mechanisms consigned from Thailand, whether slightly
modified or not and whether declared as originating in
Thailand or not, and imports of certain slightly modified
ring binder mechanisms originating in the People's
Republic of China, subject to registration, in accordance
with Article 14(5) of the basic Regulation.

In order to obtain the information it deems necessary for
the Commission will send question-
its investigation,
naires to the exporters/producers and to the associations
of exporters/producers in Thailand, to the exporters/pro-
ducers and to the associations of exporters/producers in
the People's Republic of China, to the importers and to
the associations of importers in the Community which
co-operated in the investigation that led to the existing
measures and to the authorities of the People's Republic
of China and Thailand. Information, as appropriate, may
also be sought from the Community industry.

interested parties should contact the
In any event, all
than the time
later
Commission forthwith, but not
limit set out in Article 3 of this Regulation in order to
find out whether they are listed in the request, and
request a questionnaire within the time limit set
in
Article 3(1) of this Regulation, given that the time limit
this Regulation applies to all
set
interested parties.

in Article 3(2) of

The authorities of the People's Republic of China and
Thailand will be notified of the initiation of the investi-
gation.

(b) Collection of information and holding of hearings

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

Furthermore,

(c) Exemption of registration of imports or measures

In accordance with Article 13(4) of the basic Regulation,
imports of
the products under investigation may be
exempted from registration or measures if the impor-
tation does not constitute circumvention.

Since the possible circumvention takes place outside the
Community, exemptions may be granted, in accordance
with Article 13(4) of the basic Regulation, to producers
of the product under investigation that can show that
they are not related to any producer subject
to the
to be engaged in
measures and that are found not
circumvention practices as defined in Articles 13(1) and
13(2) of
the basic Regulation. Producers wishing to
obtain an exemption should submit a request duly
supported by evidence within the time limit indicated
in Article 3(3) of this Regulation.

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F. REGISTRATION

(9)

Pursuant to Article 14(5) of the basic Regulation, imports
of
the products under investigation should be made
subject to registration in order to ensure that, should
in findings of circumvention,
the investigation result
anti-dumping duties of an appropriate amount can be
levied retroactively from the date of
registration of
such imports.

G. TIME LIMITS

(10)

In the interest of sound administration,
should be stated within which:

time limits

(14)

— interested parties may make themselves known to the
in writing and
Commission, present
submit questionnaire replies or any other information
to be taken into account during the investigation,

their views

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).

J. HEARING OFFICER

they may request

the intervention of

It is also noted that if interested parties consider that they
are encountering difficulties in the exercise of their rights
of defence,
the
Hearing Officer of DG Trade. He acts as an interface
between the interested parties and the Commission
offering, where necessary, mediation on
services,
procedural matters affecting the protection of
their
interests in this investigation,
in particular with regard
to issues concerning access to the file, confidentiality,
extension of time limits and the treatment of written
and/or oral submission of views. For further information
and contact details,
interested parties may consult the
Hearing Officer's web pages on the website of DG
Trade (http://ec.europa.eu/trade),

— producers in the People's Republic of China and
Thailand may request exemption from registration
of imports or measures,

HAS ADOPTED THIS REGULATION:

— interested parties may make a written request to be

heard by the Commission.

Article 1

Attention is drawn to the fact that the exercise of most
procedural rights set out in the basic Regulation depends
on the parties making themselves known within the time
limits mentioned in Article 3 of this Regulation.

H. NON-COOPERATION

(11)

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.

(12) Where it is found that any interested party has supplied
false or misleading information, the information shall be
disregarded and use may be made of facts available. If an
interested party does not cooperate or cooperates only
partially and findings are therefore based on facts
available in accordance with Article 18 of the basic Regu-
lation, the result may be less favourable to that party
than if it had cooperated.

I. PROCESSING OF PERSONAL DATA

(13)

It is noted that any personal data collected in this inves-
tigation will be treated in accordance with Regulation
(EC) No 45/2001 of the European Parliament and of

An investigation is hereby initiated pursuant to Article 13(3) of
Council Regulation (EC) No 384/96, in order to determine if
imports into the Community of certain ring binder mechanisms
(consisting of two rectangular steel sheets or wires with at least
four half rings made of steel wire fixed on it and which are kept
together by a steel cover and can be opened either by pulling
the half rings or with a small steel-made trigger mechanism
fixed to the ring binder mechanism), falling within CN code
ex 8305 10 00 (TARIC codes 8305 10 00 12, 8305 10 00 22
and 8305 10 00 32)
from Thailand, whether
slightly modified or not and whether declared as originating
in Thailand or not, and of certain slightly modified ring
binder mechanisms
falling within CN code ex 8305 10 00
(TARIC 8305 10 00 32 and 8305 10 00 39) originating in the
People's Republic of China are circumventing the measures
imposed by Regulation (EC) No 2074/2004.

consigned

Article 2

The Customs authorities are hereby directed, pursuant to Article
13(3) and Article 14(5) of Regulation (EC) No 384/96, to take
the appropriate steps to register (i) all ring binder mechanisms
other than those identified in Article 1 of Regulation (EC) No
2074/2004 and falling within CN code ex 8305 10 00 (TARIC
codes 8305 10 00 32 and 8305 10 00 39) originating in the
People' Republic of China and (ii) all ring binder mechanisms
(TARIC codes
falling within CN code
8305 10 00 12,
8305 10 00 32)
consigned from Thailand, whether declared as originating in
Thailand or not.

8305 10 00 22

ex 8305 10 00

and

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

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6.12.2007

Registration shall expire nine months following the date of
entry into force of this Regulation.

Interested parties may also apply to be heard by the

4.
Commission within the same 40-day time limit.

The Commission, by Regulation, may direct Customs authorities
to cease registration in respect of imports into the Community
of products manufactured by producers having applied for an
exemption of registration and having been found not to be
circumventing the anti-dumping duties.

Article 3

Questionnaires should be requested from the Commission
this Regulation in the

1.
within 15 days from publication of
Official Journal of the European Union.

Any information relating to the matter, any request for a
5.
hearing or for a questionnaire as well as any request
for
exemption from registration of imports or measures 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 Regu-
lation, 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’.

Interested parties, if their representations are to be taken
2.
into account during the investigation, must make themselves
known by contacting the Commission, present their views in
writing and submit questionnaire replies or any other infor-
mation within 40 days from the date of the publication of
the European Union,
this Regulation in the Official
unless otherwise specified.

Journal of

Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate H
Office: J-79 4/23
B-1049 Brussels
Fax (+32 2) 295 65 05.

Producers in the People's Republic of China and Thailand
3.
requesting exemption from registration of imports or measures
should submit a request duly supported by evidence within the
same 40-day time limit.

Article 4

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

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

Done at Brussels, 5 December 2007.

For the Commission

Peter MANDELSON
Member of the Commission

(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
the Council of 30 May 2001
European Parliament and of
regarding public access
to European Parliament, Council and
Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confi-
dential 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).