Notice of initiation of a partial interim review of the antidumping measures applicable to imports of hand pallet trucks and their essential parts originating in the People's Republic of China
Date: 2007-12-19
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, dumping, hoisting equipment, import, originating product

19.12.2007

EN

Official Journal of the European Union

C 308/15

V

(Announcements)

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 originating in the People's Republic of China

(2007/C 308/07)

interim
The Commission has received a request for a partial
review pursuant to Article 11(3) of Council Regulation (EC)
No 384/96 of 22 December 1995 on protection against
dumped imports from countries not members of the European
Community (1) (‘the basic Regulation’).

1. Request for review

The request was lodged by Yale (Hangzhou) Industrial Products
Co., Ltd (‘the applicant’), an exporter from the People's Republic
of China.

The request is limited in scope to the examination of dumping
as far as the applicant is concerned.

2. 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 (‘the product concerned’), currently classifi-
able within CN codes ex 8427 90 00 and ex 8431 20 00
(Taric
codes 8427 90 00 10 and 8431 20 00 10). These
CN codes are given only for information.

3. Existing measures

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

(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. Grounds for the review

The request pursuant to Article 11(3) is based on the prima facie
evidence, provided by the applicant, that the circumstances on
the basis of which measures were established have changed and
that these changes are of lasting nature.

The applicant provides sufficient evidence that the continued
imposition of the measure at its current level is no longer neces-
sary to offset dumping. In particular the applicant has provided
prima facie evidence showing that it meets the criteria for market
economy treatment. Furthermore, a comparison of constructed
normal value based on the applicant's costs of production and
export prices to the Community,
indicates that the dumping
margin appears to be substantially lower than the current level
of the measure. Therefore, the continued imposition of measures
at the existing level, which were based on the level of dumping
previously established, appears to be no longer necessary to
offset dumping.

5. 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.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the applicant.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the exporting
the applicant and to the authorities of
country concerned. This
information and supporting
evidence should reach the Commission within the time limit
set in point 6(a)(i).

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Official Journal of the European Union

19.12.2007

(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 6(a)(i).

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 6(a)(ii).

(c) Market economy treatment

In the event that the company provides sufficient evidence
showing that it operates under market economy conditions,
i.e. that it meets the criteria laid down in Article 2(7)(c) of
the basic Regulation, normal value will be determined in
accordance with Article 2(7)(b) of the basic Regulation. For
this purpose, a duly substantiated claim must be submitted
within the specific time limit set in point 6(b) of this notice.
The Commission will send a claim form to the company as
well as to the authorities of the People's Republic of China.

(d) Selection of the market economy country

that

the company is not granted market
In the event
economy treatment, and in accordance with Article 9(5) of
the basic Regulation, an appropriate market economy
country will be used for the purpose of establishing normal
value in respect of the People's Republic of China in accord-
the basic Regulation. The
ance with Article 2(7)(a) of
Commission considers using Canada again for this purpose
as was done in the investigation which led to the imposition
of
the product
concerned from the People's Republic of China. Interested
parties are hereby invited to comment on the appropriate-
ness of this choice within the specific time limit set in point
6(c) of this notice.

the current measures on imports of

in the event

the company is granted
that
Furthermore,
market economy treatment, the Commission may, if neces-
sary, also use findings concerning the normal value estab-
lished in an appropriate market economy country, e.g. for
the purpose of
replacing any unreliable cost or price
elements in the People's Republic of China which are needed
in establishing the normal value, if reliable required data are
not available in the People's Republic of China. The
Commission considers using Canada also for this purpose.

6. Time limits

(a) General time limits

(i) For par ties

to make

to
submit questionnaire replies and any other
infor mation

themselves known,

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.

(ii) Hear ings

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

(b) Specific time limit for submission of claims for market economy

treatment

company's duly

substantiated claim for market
The
economy treatment, as mentioned in point 5(c) of
this
notice, must reach the Commission within 15 days of the
date of publication of this notice in the Official Journal of the
European Union.

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

Parties to the investigation may wish to comment on
the appropriateness of Canada which, as mentioned in
point 5(d) of this notice, is considered as a market economy
country for the 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
the
this notice in the Official
European Union.

Journal of

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 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 4/23
B-1049 Brussels
Fax (32-2) 295 65 05

(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
European Parliament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Commission docu-
ments (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).

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8. Non-co-operation

10. Processing of personal data

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 favourable to that party
than if it had cooperated.

9. 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.

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 the Council of 18 December
2007 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 (1).

11. Hearing Officer

Please note that if you consider that you are encountering diffi-
culties in the exercise of your rights of defence, you may request
the intervention of the Hearing Officer of DG Trade. He acts as
an interface between the interested parties and the Commission
services, offering, where necessary, mediation on procedural
matters affecting the protection of your
in this
proceeding, in particular with regard to issues concerning access
to the file, confidentiality, extension of time limits and the treat-
ment of written and/or oral submission of views. For further
information and contact details, see the Hearing Officer's web
pages on the website of DG Trade (http://ec.europa.eu/trade).

interests

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