Proposal for a COUNCIL REGULATION clarifying the scope of the anti-dumping measures imposed by Regulation (EC) No 1174/2005 on imports of hand pallet trucks and their essential parts originating in the People's Republic of China
Date: 2008-06-20
Institutions: European Commission
Subjects: China, anti-dumping legislation, anti-dumping measure, hoisting equipment, import, originating product

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.6.2008 
COM(2008) 382 final 

Proposal for a 

COUNCIL REGULATION 

clarifying the scope of the anti-dumping measures imposed by Regulation (EC) No 
1174/2005 on imports of hand pallet trucks and their essential parts originating in the 
People's Republic of China  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1) CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  384/96  of  22 
December 1995 on protection against dumped imports from countries not members of 
the European Community, as last amended by Council Regulation (EC) No 2117/2005 
of 21 December 2005 ('the basic Regulation') in the proceeding concerning imports of 
hand  pallet  trucks  and  their  essential  parts  originating  in  the  People's  Republic  of 
China,  following  an  ex  officio  partial  interim  review  pursuant  to  Article  11(3)  of  the 
basic Regulation.  

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•  General context 

This proposal is made in the context of the implementation of the basic Regulation and 
is the result of an investigation which was carried out in line with the substantive and 
procedural requirements laid out in the basic Regulation. 

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•  Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

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Interested  parties  concerned  by  the  proceeding  have  already  had  the  possibility  to 
defend their interests during the investigation, in line with the provisions of the basic 
Regulation. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

This proposal is the result of the implementation of the basic Regulation. 

The  basic  Regulation  does  not  foresee  a  general  impact  assessment  but  contains  an 
exhaustive list of conditions that have to be assessed. 

3) LEGAL ELEMENTS OF THE PROPOSAL 

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•  Summary of the proposed action 

On 7 August 2007, the Commission initiated an ex officio partial interim review of the 
anti-dumping  measures  applicable  to  imports of hand pallet trucks and their essential 
parts  originating  in  the  People's  Republic  of  China  imposed  by  Council  Regulation 

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(EC) No 1174/2005 of 18 July 2005. 

The information at the Commission's disposal indicated that certain products, so-called 
highlifters, stackers, scissorlifts and weighing trucks, which could allegedly fall under 
the  product  scope,  appeared  to  be  distinct  from  hand  pallet  trucks  and  their  essential 
parts,  i.e.  chassis  and  hydraulics,  inter  alia  due  to  their  specific  functions  (lifting, 
stacking or weighing of loads) and end uses. 

The  review  investigation  showed  that  in  order  to  fulfil  these  functions,  there  are 
differences  in  the  strength  and  construction  of  the  hydraulics  and  chassis.  The 
aforementioned features underline the differences in use. It was also found that there is 
no inter-changeability between these products and hand pallet trucks. 

Therefore,  it  is  suggested  that  the  Council  adopts  the  attached  proposal  for  a 
Regulation  in  order  to  define  more  precisely  hand  pallet  trucks  and  clarify  that 
highlifters, stackers, scissorlifts and weighing trucks differ from hand pallet trucks and 
their  essential  parts  and,  thus,  do  not  fall  within  the  product  scope  subject  to  anti-
dumping  measures.  It  is  also  proposed  to  reimburse  upon  request  any  anti-dumping 
duties unduly collected.  

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•  Legal basis 

Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection  against 
dumped  imports  from  countries  not  members  of  the  European  Community,  as  last 
amended by Council Regulation (EC) No 2117/2005 of 21 December 2005.  

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•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The form of action is described in the above-mentioned basic Regulation and leaves no 
scope for national decision. 

Indication  of  how  financial  and  administrative  burden  falling  upon  the  Community, 
national governments, regional and local authorities, economic operators and citizens is 
minimized and proportionate to the objective of the proposal is not applicable. 

•  Choice of instruments 

Proposed instruments: Regulation. 

Other means would not be adequate for the following reason(s). 

The above-mentioned basic Regulation does not foresee alternative options. 

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4) BUDGETARY IMPLICATION 

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The proposal has no implication for the Community budget. 

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Proposal for a 

COUNCIL REGULATION 

clarifying the scope of the anti-dumping measures imposed by Regulation (EC) No 
1174/2005 on imports of hand pallet trucks and their essential parts originating in the 
People's Republic of China  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

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 Community1 ('the basic 
Regulation'), and in particular Article 11(3) thereof, 

Having  regard  to  the  proposal  submitted  by  the  Commission  after  consulting  the  Advisory 
Committee, 

Whereas: 

1. 

(1) 

MEASURES IN FORCE 
By Regulation (EC) No 1174/20052 ('the original Regulation') the Council imposed a 
definitive anti-dumping duty on imports of hand pallet trucks and their essential parts 
('HPT')  originating  in  the  People's  Republic  of  China  ('PRC').  The  investigation  that 
led  to  the  aforesaid  Regulation  used  as  investigation  period  the  period  from  1  April 
2003 to 31 March 2004 (the 'original investigation'). 

2. 

PRESENT INVESTIGATION 

2.1.  Procedure 

(2) 

This  partial  interim  review  was  initiated  on  the  Commission's  own  initiative.  The 
information  at  the  Commission's  disposal  indicated  that  certain  products,  so-called 
highlifters,  stackers,  scissorlifts  and  weighing  trucks  ('HSSWT'),  which  could 
allegedly fall under the product scope, appeared to be distinct from hand pallet trucks 
and  their  essential  parts,  i.e.  chassis  and  hydraulics,  inter  alia  due  to  their  specific 
functions (lifting, stacking or weighing of loads) and end uses. In order to fulfil these 
functions,  there  appeared  to  be  differences  in  the  strength  and  construction  of  the 
hydraulics and chassis. The aforementioned features underlined the differences in use 
–  and  there  appeared  to  be  no  inter-changeability  between  these  products  and  hand 
pallet  trucks.  Therefore,  it  was  considered  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 anti-
dumping measures.  

(3) 

Having determined, after consulting the Advisory Committee, that sufficient evidence 
existed to justify the initiation of a partial interim review, the Commission announced 

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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). 
OJ L 189, 21.7.2005, p. 1 . 

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by a notice published in the Official Journal of the European Union3 the initiation of a 
partial interim review in accordance with Article 11(3) of the basic Regulation, limited 
to the examination of the product scope. 

2.2.  Review investigation 

(4) 

(5) 

(6) 

(7) 

(8) 

The  Commission  officially  advised  the  authorities  of  the  PRC  ('country  concerned'), 
and  all  other  parties  known  to  be  concerned,  i.e.  exporting  producers  in  the  country 
concerned, users and importers in the Community and producers in the Community, of 
the  initiation  of  the  partial  review  investigation.  Interested  parties  were  given  the 
opportunity  to  make  their  views  known  in  writing  and  request  a  hearing  within  the 
time  limit  set  in  the  notice  of  initiation.  All  interested  parties  who  so  requested  and 
showed  that  there  were  particular  reasons  why  they  should  be  heard,  were  granted  a 
hearing. 

The Commission sent questionnaires to all parties known to be concerned and all other 
parties  which  made  themselves  known  within  the  deadlines  set  out  in  the  notice  of 
initiation.  

In  view  of  the  scope  of  the  partial  review,  no  investigation  period  was  set  for  the 
purpose  of  this  partial  review.  The  information  received  in  the  questionnaire  replies 
covered  the  period  from  2003  to  2006  ('period  considered'),  i.e.  it  covered  also  the 
investigation  period  of  the  original  investigation.  For  the  period  considered, 
information  concerning  sales/purchases  volume  and  value,  production  volume  and 
capacity for HPT and HSSWT was requested. In addition, the parties concerned were 
asked to comment on any differences or similarities between HPT and HSSWT with 
respect  to  their  production  process,  technical  characteristics,  end-uses,  interchange-
ability etc. 

Sufficiently complete questionnaire replies were received from two Chinese exporting 
producers of HPT/HSSWT, four Community producers of HPT or HSSWT, one user 
and 14 importers of HPT/HSSWT in the Community. 

The  Commission  sought  and  verified  all  information  deemed  necessary  for  the 
purpose of the assessment as to whether there is a need for clarification/amendment of 
the scope of the existing anti-dumping measures and carried out investigations at the 
premises of the following companies : 

-BT Products AB, Mjölby, Sweden, 

-Franz Kahl GmbH, Lauterbach, Germany, 

-RAVAS Europe B.V., Zaltbommel, The Netherlands.  

2.3.  Product concerned 

(9) 

The product concerned is, as uniformly defined in the original Regulation, hand pallet 
trucks,  not  self  propelled,  used  for  the  handling  of  materials  normally  placed  on 
pallets,  and  their  essential  parts,  i.e.  chassis  and  hydraulics,  originating  in  the  PRC, 
normally  declared  within  CN  codes  ex  8427  90  00  and  ex  8431  20  00.  There  are 
different types of hand pallet trucks and their essential parts depending mainly on the 
lift capacity, length of the forks, type of steel used for the chassis, type of hydraulics, 
type of wheels and existence of brake.  

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OJ C 184, 7.8.2007, p. 11 

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2.4.  Findings 

(10) 

It  is  recalled  that  the  original  investigation  covered  hand  pallet  trucks  and  their 
essential  parts,  i.e.  chassis  and  hydraulics  which  are  used  for  handling  and  moving 
manually loads normally placed on pallets. By definition, HPT need to be pushed and 
pulled  by  man  power.  Therefore,  HPT  provide  a  mechanism  allowing  the  user  to 
manually lift the load just enough to move it from a place to another.  

(11)  HSSWT,  which  allegedly  have  been  classified  as  product  concerned  subject  to  the 
anti-dumping measures by some national customs authorities, can be self propelled or 
moved manually. They are used to move and to lift the loads in order to place them 
higher,  assist  in  storage  of  loads  (highlifters),  to  stack  one  pallet  above  the  other 
(stackers),  to  lift  the  load  to  a  working  level  (scissorlifts)  or  to  lift  and  to  weigh  the 
loads (weighing trucks).  

(12)  Only  HPT  as  defined  under  recital  (10)  above  where  considered  as  the  product 
concerned investigated under the original Regulation. It is pertinent to note that for the 
purposes  of  the  original  investigation  the  Commission  has  never  requested  from  co-
operating  parties  to  provide  information  on  HSSWT  and  has  not  verified  any 
information  on  HSSWT.  Thus,  all  data  and  information  presented  under  the  original 
Regulation and the results of the original investigation, including the imposition of the 
definitive anti-dumping measures where purely based on HPT.  

(13)  Account  taken  of  the  situation  described  under  recital  (2)  and  in  order  to  establish 
whether HSSWT are distinct from HPT, both HSSWT and HPT were examined with 
respect  to  their  physical  and  technical  characteristics,  their  production  process,  their 
typical end-uses and their inter-changeability.  

2.4.1.  Physical and technical characteristics of HPT/HSSWT 

(14)  There are different types of HPT and their essential parts, i.e. hydraulics and chassis, 
depending  mainly  on  the  lift  capacity,  length  of  the  forks,  type  of  steel  used  for  the 
chassis,  type  of  hydraulics,  type  of  wheels  and  existence  of  brake.  These  different 
types  have,  however,  the  same  basic  physical  characteristics  and  uses  and  they  were 
therefore all considered as the product concerned in the original investigation.  

(15)  The  review  investigation  has  shown  that  HSSWT  share  some  of  the  HPT 
characteristics,  e.g.  they  have  chassis  with  forks  and  a  hydraulics  system.  However, 
they have additional functions for lifting the load higher, stacking, operating as work 
table/level  or  weighing  the  load,  which  require  clearly  more  advanced  or  additional 
technical components.  In  order to  fulfil the aforesaid specific HSSWT functions, the 
requirements  in  the  strength  and  construction  of  forks,  chassis  and  hydraulics  are 
different  than  for  HPT.  In  addition,  in  order  to  fulfil  these  additional  functions, 
HSSWT are significantly more expensive than HPT (up to ten times). 

2.4.2.  Production process 

(16) 

It was established by the review investigation that there are significant differences in 
the  production  process  of  HPT  and  HSSWT  since  the  latter  need  additional 
components  and  thus  different  production  steps  compared  with  HPT.  Indeed,  the 
review investigation revealed that in highlifters and stackers the frame of the chassis 
needs to be significantly higher and the hydraulic system different to enable lifting the 
load higher whereas in weighing trucks, a weighing scale is incorporated in the chassis 
with the latter having a totally different forks structure compared to HPT. 

2.4.3.  Typical end-uses of HPT / HSSWT 

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(17)  HPT  are  widely  used  in  load  handling  activities,  in  distribution  and  warehousing  of 
goods. They are used both in the manufacturing industries as well as in retail shops. 
HPT are designed to be manually pushed, pulled and steered, on smooth, level, hard 
surface, by a pedestrian operator using an articulated tiller. The hand pallet trucks are 
only  designed  to  raise  a  load,  by  pumping  the  tiller,  to  a  height  sufficient  for 
transporting the load, for example in distribution vehicles, warehouses, manufacturing 
sites, or even inside retail sales shops. The typical maximum lifting capacity of HPT is 
around  210  millimetres.  In  addition,  HPT  are  commonly  considered  as  necessary 
compliment to  other load handling devices, such as fork lifts. No specific training is 
needed to use HPT.  

(18)  The review investigation has shown that HSSWT are mainly used by the same users as 
HPT, however, their uses are different, e.g. lifting the load higher, stacking the load, 
functioning  as  work  level  or  weighing  the  load.  Due  to  their  specific  characteristics 
and uses,  HSSWT are not  as widely used as HPT. This is  why their  sales volume is 
around one tenth of HPT sales in the EC market. In addition, unlike HPT, the use of 
HSSWT requires specific training. 

2.4.4.  Inter-changeability 

(19)  The review investigation has shown that HSSWT have significantly more specific uses 
than  HPT.  Indeed,  highlifters/stackers  are  used  to  lift  the  load  higher,  to  assist  in 
storage of loads, to stack one pallet above the other, scissorlifts are used to lift the load 
to a working level and weighing trucks to weigh the load.  

(20)  To some very limited extent some types of HSSWT (e.g. weighing trucks) can lift and 
move  the  load  as  HPT.  However,  replacing  HPT  with  HSSWT  does  not  make  any 
practical or economic sense because HPT are easier to use for only lifting and moving 
the load and HSSWT are significantly more expensive than HPT and require specific 
training in using them. In addition in some cases permanent use of HSSWT instead of 
HPT  can  destroy  the  main  functions  of  HSSWT,  e.g.  in  the  case  of  weighing  tracks 
where  the  weighing  scale  device  is  so  delicate  that  it  would  be  defected  from  the 
moment of the weighing truck is used for lifting and moving loads.  

(21)  On the other hand it was established during the review investigation that HPT can not 
be  used  to  replace  HSSWT.  The  functions  of  the  latter  refer  to  a  specific  and 
distinguished market with different requirements and end-user needs and perceptions.  

(22)  The  Commission  also  examined  whether  the  essential  parts,  i.e.  chassis  and 
hydraulics,  of  HPT  and  HSSWT  are  interchangeable.  In  this  respect,  the  review 
investigation  has  shown  that  both  chassis  and  hydraulics  are  not  interchangeable 
between HPT and HSSWT due to their different construction and characteristics.  

2.5.  Conclusion on the product scope 

(23)  The review investigation has established that due to different and additional technical 
characteristics,  different  end-uses  and  different  production  process,  HSSWT  do  not 
fall within the product scope of HPT and their essential parts which are subject to the 
anti-dumping  measures  in  force.  This  was  the  reason  why  the  Commission  did  not 
considered HSSWT as part of the product scope of the original investigation.  

(24) 

It is therefore considered appropriate to clarify that HSSWT differ from HPT and their 
essential  parts  and  do  not  fall  within  the  product  scope  subject  to  anti-dumping 
measures.  

(25) 

Interested parties were informed of the above conclusions. 

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(26)  One party claimed that HSSWT and HPT should be regarded as one technical entity 
but  the  information  on  file  does  not  warrant  such  a  conclusion.  All  the  remaining 
parties that submitted representations accepted the findings of the Commission. 

(27)  Given  the  above,  it  is  considered  appropriate  to  amend  the  original  Regulation  to 

clarify the product definition. 

(28)  Since  the  present  review  investigation  is  limited  to  the  clarification  of  the  product 
scope  and  since  HSSWT  were  not  covered  by  the  original  investigation  and  the 
consequent  anti-dumping  measure,  it  is  considered  appropriate  that  the  findings  be 
applied from the date of the entry into force of the original Regulation, including any 
imports subject to provisional duties between 29 January 2005 and 21 July 2005. The 
Commission  has  not  found  any  overriding  reason  preventing  the  application  of  such 
retroactive provision. 

(29)  Consequently,  for  goods  not  covered  by  Article  1(1)  of  Regulation  (EC)  No 
1174/2005  as  amended  by  this  Regulation,  the  definitive  anti-dumping  duty  paid  or 
entered in the accounts pursuant to Article 1(1) of Regulation (EC) No 1174/2005 and 
the provisional anti-dumping duties definitively collected pursuant to Article 2 of the 
same Regulation should be repaid or remitted. 

(30)  Repayment  or  remission  must  be  requested  from  national  customs  authorities  in 

accordance with applicable customs legislation. 

(31)  This  review  does  not  affect  the  date  on  which  Regulation  (EC)  No  1174/2005  will 

expire pursuant to Article 11(2) of the basic Regulation,  

HAS ADOPTED THIS REGULATION: 

Article 1 

Article 1(1) of Regulation (EC) No 1174/2005 is hereby replaced by the following: 

'1. 
A definitive anti-dumping duty is hereby imposed on imports of hand pallet trucks and 
their essential parts, i.e. chassis and hydraulics, falling within CN code ex 8427 90 00 and ex 
8431  20  00  (TARIC  codes  8427  90  00  10  and  8431  20  00  10),  originating  in  the  People's 
Republic of China. For the purpose of this regulation hand pallet trucks shall be trucks with 
wheels  supporting  lifting  fork  arms  for  handling  pallets,  designed  to  be  manually  pushed, 
pulled  and  steered,  on  smooth,  level,  hard  surface,  by  a  pedestrian  operator  using  an 
articulated  tiller.  The  hand  pallet  trucks  are  only  designed  to  raise  a  load,  by  pumping  the 
tiller, to a height sufficient for transporting and do not have any other additional functions or 
uses  such  as  for  example  (i)  to  move  and  to  lift  the  loads  in  order  to  place  them  higher  or 
assist in storage of loads (highlifters), (ii) to stack one pallet above the other (stackers), (iii) to 
lift the load  to a working level (scissorlifts)  or  (iv)  to lift  and  to  weigh  the loads  (weighing 
trucks).' 

Article 2 

For  goods  not  covered  by  Article  1(1)  of  Regulation  (EC)  1174/2005  as  amended  by  this 
Regulation, the definitive anti-dumping duties paid or entered into account pursuant to Article 
1(1) of Regulation (EC) No 1174/2005 in its initial version and the provisional anti-dumping 
duties  definitively  collected  pursuant  to  Article  2  of  the  same  Regulation  shall  be  repaid  or 
remitted. 

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Repayment and remission shall be requested from national customs authorities in accordance 
with applicable customs legislation. In duly justified cases, the time limit of 3 years provided 
in Article 236(2) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing 
the Community Customs Code4 shall be extended for a period of one year. 

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

Article 3 

It shall apply from 22 July 2005. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 
20.12.2006, p. 1). 

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