Commission Regulation (EC) No 138/2008 of 15 February 2008 terminating the partial interim review of anti-dumping measures applicable to imports of okoumé plywood originating in the People's Republic of China
Date: 2008-02-15
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, bonded wood, import, originating product

16.2.2008

EN

Official Journal of the European Union

L 42/9

COMMISSION REGULATION (EC) No 138/2008

of 15 February 2008

terminating the partial interim review of anti-dumping measures applicable to imports of okoumé
plywood originating in the People's Republic of China

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 (1)
(the
basic Regulation), and in particular Article 9 thereof,

solely of sheets of wood, each ply not exceeding 6 mm
thickness, with at least one outer ply of bintangor, red
canarium, kedondong or certain other species, not coated
by a permanent film of other material. These products
should be included in the scope of the measures on the
grounds that
they share the same basic physical and
chemical characteristics and end uses as the product
covered by the existing measures. Both the product
concerned and the new product types should therefore
be considered as a single product.

3. Initiation

(5)

(6)

(7)

(8)

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

1. Measures in force

By Regulation (EC) No 1942/2004 (2),
the Council
imposed a definitive anti-dumping duty on imports of
okoumé plywood originating in the People's Republic
of China. The duties in force range from 6,5 % to
23,5 % for four companies with individual duties and
the residual duty is 66,7 %.

2. Request for review

On 3 April 2006 the Commission received a request
pursuant
the basic Regulation to
examine the scope of existing measures with a view to
including new product types in the product definition.

to Article 11(3) of

The request was lodged by the European Federation of
the Plywood Industry (FEIC) (the applicant) on behalf of
Community producers of okoumé plywood.

(1)

(2)

(3)

after

determined,

the Advisory
consulting
Having
Committee,
that sufficient evidence existed to justify
the initiation of a partial interim review, the Commission
announced by a notice published in the Official Journal of
the European Union (3) the initiation of a partial interim
the basic
review in accordance with Article 11(3) of
Regulation,
the
product concerned.

limited in scope to the definition of

B. WITHDRAWAL OF THE REQUEST AND
TERMINATION OF THE PROCEEDING

By a letter dated 5 December 2007 to the Commission,
the applicant withdrew its request for the partial interim
review of
the anti-dumping measures applicable to
imports of okoumé plywood originating the in the
People's Republic of China.

the basic Regulation, a
According to Article 9(1) of
proceeding may be terminated where the request for a
review is withdrawn, unless such termination would not
be in the Community interest.

The Commission considered that the present proceeding
should be terminated since the investigation had not
brought to light any considerations showing that such
termination would not be in the Community interest.
Interested parties were informed accordingly and were
given the opportunity to comment. However, no
comments were received from any party. Consequently,
the
there is no indication that
proceeding would not be in the Community interest.

the termination of

(4)

types have
The applicant alleged that new product
appeared on the market such as plywood consisting

(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 336, 12.11.2004, p. 4.

(9)

the review
The Commission therefore concludes that
concerning imports of okoumé plywood originating in
the People's Republic of China should be terminated
without amending the anti-dumping measures in force,

(3) OJ C 291, 30.11.2006, p. 19.

L 42/10

EN

Official Journal of the European Union

16.2.2008

HAS ADOPTED THIS REGULATION:

Sole Article

The partial
originating in the People's Republic of China is hereby terminated.

interim review of the anti-dumping measures applicable to imports of okoumé plywood

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

Done at Brussels, 15 February 2008.

For the Commission

Peter MANDELSON
Member of the Commission