Proposal for a Council Regulation extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 2074/2004 on imports of slightly modified ring binder mechanisms originating in the People' Republic of China and terminating the 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 declared as originating in Thailand or not
Date: 2008-07-17
Institutions: European Commission
Subjects: China, anti-dumping duty, customs fraud, import, office supplies, originating product

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.7.2008 
COM(2008) 474 final 

Proposal for a 

COUNCIL REGULATION 

extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 
2074/2004 on imports of slightly modified ring binder mechanisms originating in the 
People' Republic of China and terminating the 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 declared as originating in Thailand or not 

(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’). 

•  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. 

•  Existing provisions in the area of the proposal 

Council Regulation (EC) No 2074/2004 imposing a definitive anti-dumping duty on imports 
of certain ring binders mechanisms originating in the People' Republic of China (PRC). 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2. 

Consultation of interested parties and impact assessment 

•  Consultation of interested parties 

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 

•  Summary of the proposed action 

On  6  December  2007,  the  Commission  initiated  an  investigation  concerning  the  possible 
circumvention of anti-dumping measures imposed by Council Regulation (EC) N° 2074/2004 
on imports of certain ring binder mechanisms (RBMs) originating in the PRC 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 RBMs originating in the PRC, and made such imports subject to registration.  

The  investigation  found  that  there  was  genuine  production  of  RBMs  in  Thailand  which 
accounted  for  100%  of  Community  imports  from  Thailand  as  shown  by  Eurostat.  It  was 
therefore  concluded  that  transhipment  of  RBMs  via  Thailand  has  not  taken  place  in  the 

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investigation period and it is therefore proposed to terminate the anti-circumvention as far as 
Thailand is concerned.  

The  investigation,  however,  established  that  certain  RBMs  originating  in  the  PRC  had  been 
subject  to  slight  modifications  in  order  to  make  the  product  concerned  fall  under  customs 
codes  which  are  normally  not  subject  to  measures.  It  was  also  established  that  the 
modifications  did  not  alter  the  essential  characteristics  and  uses  of  the  product  concerned. 
Moreover,  it  was  found  that  there  was  a  change  in  the  pattern  of  trade  stemming  from  the 
practice of the slight modification of the product concerned and that there was an insufficient 
due  cause  or  economic  justification  other  than  the  imposition  of  the  anti-dumping  duty.  In 
addition, it was evidenced that the remedial effects of the said duty were undermined in terms 
of prices and in terms of volumes by this practice and that dumping was found in relation to 
the normal value established previously for the like product.  

Therefore,  it  is  proposed  that  the  Council  adopts  the  attached  proposal  for  a  Regulation  in 
order to extend the duties to slightly modified RBMs originating in the PRC. 

•  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. 

•  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: 

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 instrument: Regulation. 

Other means would not be adequate because the basic Regulation does not foresee alternative 
options. 

4. 

Budgetary implication 

The proposal has no implication for the Community budget. 

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Proposal for a 

COUNCIL REGULATION 

extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 
2074/2004 on imports of slightly modified ring binder mechanisms originating in the 
People' Republic of China and terminating the 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 declared as originating in Thailand or not 

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 13 thereof, 

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

Whereas: 

1. 

1.1. 

(1) 

(2) 

(3) 

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PROCEDURE 

Existing measures 
By  Regulation  (EC)  No  119/972  (the  original  Regulation),  the  Council  imposed 
definitive anti-dumping duties ranging from 32,5% to 39,4% on imports of certain ring 
binder  mechanisms  (RBMs)  originating  in  the  People’s  Republic  of  China  (PRC). 
These  rates  of  duty  were  applicable  to  RBMs  other  than  those  with  17  or  23  rings, 
while  RBMs  with  17  and  23  rings  were  subject  to  a  duty  equal  to  the  difference 
between the minimum import price (MIP) of EUR 325 per 1 000 pieces and the free-
at-Community-frontier  not  cleared  through  customs  price  whenever  the  latter  was 
lower than the MIP. 
By  Regulation  (EC)  No  2100/20003,  the  Council  amended  and  increased  the  above 
mentioned  duties  for  certain  RBMs  other  than  17  or  23  rings,  following  an 
investigation  pursuant  to  Article  12  of  the  basic  Regulation.  The  amended  duties 
ranged from 51,2% to 78,8%. 

Following an expiry review investigation (the review investigation) pursuant to Article 
11(2)  of  the  basic  Regulation,  the  Council,  by  Regulation  (EC)  No  2074/20044, 
extended the existing anti-dumping measures for four years. 

OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 
340, 23.12.2005, p. 17). 
OJ L 22, 24.1.1997, p. 1. 
OJ L 250, 5.10.2000, p. 1. 
OJ L 359, 4.12.2004, p. 11. 

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(4) 

(5) 

(6) 

(7) 

1.2. 

(8) 

1.3. 

(9) 

On 1 July 2004, following an anti-circumvention investigation pursuant to Article 13 
of  the  basic  Regulation,  the  measures  were  extended  to  imports  of  certain  RBMs 
consigned from Vietnam5. 
On  24  December  2004,  by  Regulation  (EC)  2231/20046,  the Commission terminated 
an  anti-circumvention  investigation  concerning  imports  of  certain  RBMs  consigned 
from Thailand as it was found that there was genuine production of RBMs in Thailand 
which  accounted  for  100%  of  Community  imports  from  Thailand  during  the 
investigation period of that investigation. 

On 12 January 2006, following an anti-circumvention investigation pursuant to Article 
13  of  the  basic  Regulation,  the  measures  were  extended  to  imports  of  certain  RBMs 
consigned from the Lao People's Democratic Republic7. 
On 6 December 2007, by Regulation (EC) No 1434/20078 (‘the initiating Regulation’), 
the  Commission  initiated  an  investigation  pursuant  to  Article  13(3)  of  the  basic 
Regulation concerning the possible circumvention of anti-dumping measures imposed 
by Council Regulation (EC) No 2074/2004 on imports of certain RBMs originating in 
the  PRC  by  imports  of  certain  RBMs  consigned  from  Thailand,  whether  slightly 
modified or not and whether declared as originating in Thailand or not, and by imports 
of  certain  slightly  modified  RBMs  originating  in  the  PRC  and  making  such  imports 
subject to registration. 

Request 

The anti-circumvention investigation was initiated on the basis of a request, lodged by 
Ring  Alliance  Ringbuchtechnik  GmbH,  which  contained  sufficient  prima  facie 
evidence that the anti-dumping measures are being circumvented by means of a slight 
modification of the product concerned to make it fall under customs codes which are 
normally not subject to measures and that the modification does not alter the essential 
characteristics of the product concerned. Furthermore, the request contained sufficient 
prima facie evidence that the anti-dumping measures are being circumvented by means 
of  transhipment  via  Thailand  of  the  product  concerned,  whether  slightly  modified  or 
not. 

Product concerned 

The  product  concerned  is,  as  defined  in  Regulation  2074/2004,  certain  RBMs 
currently  classifiable  within  CN  code  ex  8305  10  00.  These  RBMs  consist  of  two 
rectangular steel sheets or wires with at least four half-rings made of steel wire fixed 
on them and which are kept together by a steel cover. They can be opened either by 
pulling  the  half  rings  or  by  using  a  small  steel-made  trigger  mechanism  fixed  to  the 
RBM. 

1.4. 

Investigation 

(10)  The  Commission  officially  advised  the  authorities  of  the  PRC  and  Thailand,  the 
producers/exporters  in  Thailand  and  in  the  PRC  as  well  as  the  importers  in  the 
Community  known  to  the  Commission  of  the  initiation  of  the  investigation. 
Questionnaires  were  sent  to the  producers/exporters  in  Thailand  and  the  PRC  and  to 

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Council Regulation (EC) No 1208/2004 (OJ L 232, 1.7.2004, p.1) 
OJ L 379, 24.12.2004, p.68. 
Council Regulation (EC) No 33/2006 (OJ L 7, 12.1.2006, p.1) 
OJ L 320, 6.12.2007, p. 23. 

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the importers in the Community. Interested parties were given the opportunity to make 
their views known in writing and to request a hearing within the time limit set in the 
initiating Regulation.  

(11)  One  producer/exporter  in  Thailand,  its  related  Chinese  exporting  producer  and  its 
parent  trading  company  based  in  Hong  Kong  submitted  a  complete  reply  to  the 
questionnaire as did another Chinese exporting producer together with its Hong Kong 
based parent trading company. Replies to the questionnaire were also submitted by six 
importers  in  the  Community.  The  Commission  carried  out  verification  visits  at  the 
premises of the following companies: 

- Thai Stationery Industry Co. Ltd., Thailand (‘TSI’), 

- Wah Hing Stationery Manufactory Limited, Hong Kong, (WHS) 

- Wah Hing Stationery Manufactory Limited, Pan Yu Shi, Guangzhou, PRC, 

- World Wide Stationery Manufacturing Co. Ltd., Hong Kong, 

- Donghguan Humen Nanzha World Wide Stationery Manufacturing Co. Ltd., PRC. 

1.5. 

Investigation period 

(12)  The  investigation  period  covered  the  period  from  1  October  2006  to  30  September 
2007 (‘IP’). Data was collected from 2004 to the end of the IP in order to investigate 
the change in the pattern of trade (the period investigated). 

2. 

RESULTS OF THE INVESTIGATION 

2.1. 

Slightly modified RBMs 

2.1.1.  Essential characteristics 

(13)  The  investigation  established  that  one  of  the  two  co-operating  Chinese  exporting 
producers  was  producing  slightly  modified  RBMs.  The  modification  consisted  in 
changing  the  rectangular  shape  of  the  sheets  by  using  chamfered  sheets  which  have 
indentations and by cutting material off the edges of the sheets so that their shape is no 
longer  rectangular.  To  chamfer  means  cutting  a  furrow  in  the  sheet  in  the  form  of  a 
column.  These  particular  product  types  were  identified  in  the  Community  market  as 
"wave blade" RBMs. 

(14) 

(15) 

It  was  also  established  that  this  modification  of  the  product  concerned,  enabled 
importers in the Community to classify these product types under TARIC Codes not 
subject to the measures, in particular TARIC Code 8305 10 00 90 which existed until 
Commission Regulation (EC) No 1434/2007 came into force.  

It  was  then  investigated  whether  or  not  the  modification  mentioned  in  recital  (13) 
above  altered  the  essential  characteristics  of  the  product  concerned.  In  this  regard,  it 
was  found  that  the  slightly  modified  RBMs  differ  slightly  only  in  the  shape  of  the 
sheets but that modification does not alter the essential characteristics of the product 
concerned.  Indeed,  the  slightly  modified  RBM  continues  to  be  comprised  of  two 
sheets with at least four half-rings attached on them and continues to be kept together 
by a steel cover. Also the opening systems remain the same as both products can be 
made to open either by pulling the half-rings or with a trigger mechanism.  

(16)  Moreover,  there  were  only  minor  changes  in  the  sheets  since  otherwise  they  would 
have  endangered  the  proper  functioning  of  the  slightly  modified  RBMs  in  terms  of 
tension and adhesive forces.  

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(17) 

It  is  recalled  that  a  large  number  (several  hundreds)  of  different  types  of  RBMs 
varying in a number of features such as the width of the base, the type of mechanism, 
the number of rings, the opening system, etc., are present on the Community market. 
All these types of RBMs were nevertheless considered to constitute one single product 
in  the  previous  investigations  as  it  was  found  that  all  types  have  the  same  basic 
physical  and  technical  characteristics  and  that  they  are  largely  interchangeable. 
Equally, this rather minor difference in the appearance of the RMBs was found not to 
be  significantly  different  in  order  to  warrant  a  finding  of  different  like  products. 
Therefore it is concluded that all RBMs constitute a single product for the purpose of 
this investigation.  

(18)  On  the  basis  of  the  above  it  was  concluded  that  the  slightly  modified  products  with 
chamfered sheets should be covered by the definition of the product concerned, as this 
modification did not alter its essential characteristics. 

2.1.2.  Change in the pattern of trade 

(19)  The imports into the Community of the slightly modified RBMs started in 2003 after 
the initiation of the expiry review investigation of the measures applicable to imports 
of RBMs originating in the PRC. 

(20)  This type of RBM was designed on the request of an operator in the Community and, 
on  the  basis  of  the  information  available  to  the  Commission,  imports  started  in  the 
second  half  of  2003.  The  import  levels  identified  in  the  course  of  the  current 
investigation are as follows: 3,8 million pieces or approximately 234 tonnes in 2004, 
2,7  million  pieces  or  approximately  166  tonnes  in  2005,  4,3  million  pieces  or 
approximately  262  tonnes  in  2006  and  2,7  million  pieces  or  167  tonnes  in  the  IP 
(representing 1% of the Community consumption). 

(21) 

In view of the above, it is considered that there was a change in the pattern of trade of 
the  slightly  modified  RBMs  exported  from  the  co-operating  Chinese  exporting 
producer to the Community in the period investigated. 

2.1.3. 

Insufficient due cause or economic justification 

(22)  As noted above, the investigation showed that the modifications made to the product 
concerned were very minor. It was also found that if certain saving in the use of the 
main  raw  material  could  be  made  due  to  the  chamfering  operation,  this  saving  was 
negligible  (around  2%).  Moreover,  any  saving  in  the  consumption  of  raw  materials 
was  largely  offset  by  costs  incurred  for  the  adaptation  of  machinery  before  the 
production process of the chamfered sheets could begin. 

(23) 

It  was  also  found  that  all  sales  of  the  slightly  modified  product  were  only  to  the 
Community and were essentially made to the operator upon whose request they were 
designed.  This  means  that  the  slightly  modified  RBMs  have  essentially  one  buyer 
worldwide. 

(24)  Moreover,  the group of companies to which the Chinese exporting producer belongs 
do not  produce any wave blade RBMs  in  their Thai subsidiary. It was stated, by the 
representatives  of  TSI  in  this  regard,  that  there  was  no  demand  for  such  types,  as 
RBMs originating in Thailand are not subject to anti-dumping measures.  

(25) 

In  view  of  the  above,  it  can  be  concluded  that  there  was  no  economic  justification 
other than the imposition  of  the  anti-dumping duties for the change in  the  pattern of 
trade between the Chinese exporting producer and the Community stemming from the 
practice of slightly modifying the product concerned. 

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2.1.4.  Undermining  of  the  remedial  effects  of  the  duty  in  terms  of  the  prices  and/or  the 

quantities of the like products 

(26)  Based on the trade flow analysis made above, it was found that a change in the pattern 
of the Community imports is linked to the fact that there were anti-dumping measures 
in place. While imports of the slightly modified RBMs were absent on the Community 
market  before  the  imposition  of  measures,  they  amounted  to  234  tonnes  in  2004,  to 
166 tonnes in 2005, to 262 tonnes in 2006 and to 167 tonnes in the IP, representing 1% 
of Community consumption.  

(27)  The investigation revealed that the imports of slightly modified RBM's from the PRC 
have  taken  place  at  price  levels  below  the  export  price  and  well  below  the  normal 
value established in the review investigation.  

(28)  On the basis of the above, it is concluded that the change in trade flows, together with 
the abnormally low export price of the slightly modified products, has undermined the 
remedial effects of the anti-dumping measures both in terms of quantities and prices of 
the like products. 

2.1.5.  Evidence of dumping in relation to the normal values previously established for like 

or similar products 

(29) 

In  accordance  with  Article  13(1)  of  the  basic  Regulation,  it  was  examined  whether 
there was evidence of dumping in relation to the normal values previously established 
for the like product. In this regard, export prices of the slightly modified RBMs made 
by  the  Chinese  exporting  producer  during  the  IP  were  compared  with  the  normal 
values  established  in  the  review  investigation  for  comparable  product  types.  In  the 
comparison, the different product types were determined by the width of the base, the 
type of mechanism, the number of rings, the opening system and the length. 

(30)  For the purpose of a fair comparison between the normal value and the export price, 
due  allowance,  in  the  form  of  adjustments,  was  made  for  differences  which  affect 
prices and price comparability, pursuant to Article 2(10) of the basic Regulation.  

(31) 

In accordance with Articles 2(11) and 2(12) of the basic Regulation, the comparison of 
the weighted average normal value as established in the review investigation and the 
weighted average export price established during this investigation's IP, expressed as a 
percentage of the cif price at the Community frontier, duty unpaid, revealed dumping 
above the de minimis threshold. 

2.2. 

Alleged transhipment via Thailand 

(32)  TSI, the sole exporter of RBMs in Thailand, was set up in 1998, i.e. one year after the 
imposition of anti-dumping duties on certain RBMs from the PRC. The company is a 
subsidiary of WHS, a Hong Kong based trading company for RBMs that also owns a 
RBMs  production  plant  in  the  PRC.  Similarly  to  the  finding  of  the  previous  anti-
circumvention investigation, it was established that TSI’s exports to the Community in 
the  IP  accounted  for  100%  of  Community  imports  from  Thailand  as  shown  by 
Eurostat.  On  this  basis,  and  in  the  absence  of  any  evidence  to  the  contrary,  it  was 
concluded that TSI was the sole exporter of RBMs in Thailand. 

(33)  The  investigation  showed  that  in the  years  2004,  2005,  2006  and  in  the  IP,  TSI  was 
producing  RBMs  from  the  main  raw  materials  (i.e.  coil  rolled  steel  sheets  and  coil 
rolled steel wire). Moreover, it was found that the quantity of raw materials imported 
by  TSI  was  sufficient  to  produce  the  quantity  of  RBMs  exported  to  the  Community 
during  the  IP,  but  also  in  the  years  of  the  period  investigated.  Therefore,  it  was 

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concluded  that  TSI  had  to  be  considered  as  a  genuine  producer  of  certain  RBMs.  In 
these  circumstances,  it  was  considered  that  transhipment  of  RBMs  via  Thailand  has 
not taken place in the IP. 

(34)  Moreover,  the  investigation  did  not  reveal  that  any  slightly  modified  RBMs  were 

produced and exported by the TSI to the Community during the IP. 

(35)  Based  on  these  findings,  it  is  also  considered  that  the  company  investigated  did  not 
fulfil  the  criteria  set  out  in  Article  13(2)  of  the  basic  Regulation  as  TSI  is  not  an 
assembly operation. This conclusion is based on the interpretation of Article 13(2) as 
being lex specialis for assembly operations. 

3. MEASURES  

(36) 

In view of the above findings of circumvention within the meaning of Article 13(1) of 
the  basic  Regulation,  the  existing  anti-dumping  measures  on  imports  of  the  product 
concerned originating in the PRC should be extended to the slightly modified RBMs 
originating in the same country. 

(37) 

In  this  regard,  the  definition  of  the  product  concerned  given  in  Article  1  of  Council 
Regulation  (EC)  No  2074/2004  shall  be  amended  accordingly  in  order  that  the 
measures are extended to certain slightly modified RBMs. 

(38)  Pursuant to Articles 13(3) and 14(5) of the basic Regulation, which provide that any 
extended  measures  shall  be  applied  against  registered  imports  from  the  date  of 
registration,  the  anti-dumping  duty  should  be  collected  on  all  imports  of  RBMs 
consisting of two 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, other than those already identified in Article 1 of Regulation (EC) 
2074/2004 and falling within CN code ex 8305 10 00 (TARIC codes ex 8305 10 00 32 
and ex 8305 10 00 39) which entered the Community under registration  imposed  by 
the initiating Regulation.  

4. TERMINATION OF THE INVESTIGATION AGAINST THAILAND  

(39) 

In view of the findings regarding Thailand, the investigation concerning the possible 
circumvention of anti-dumping measures by imports of certain RBMs consigned from 
Thailand should be terminated.  

5. DISCLOSURE  

(40)  All parties concerned were informed of the essential facts and considerations leading 
to the above conclusions and were invited to comment. No comments which were of a 
nature to change the above conclusions were received. 

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HAS ADOPTED THIS REGULATION: 

1. 

2. 

3. 

4. 

Article 1 

Article 1, paragraph 1, of Council Regulation (EC) No 2074/2004 shall be replaced 
by  the  following:  'A  definitive  anti-dumping  duty  is  hereby  imposed  on  imports  of 
certain ring binder mechanisms currently classifiable within CN code ex 8305 10 00 
originating  in  the  People's  Republic  of  China.  For  the  purpose  of  this  Regulation, 
ring binder mechanisms shall consist of two 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.' 

In Article 1, paragraph 2(a), of Council Regulation (EC) No 2074/2004, TARIC code 
"8305 10 00 35" is hereby added in the text between the brackets. 

In Article 1, paragraph 2(b), of Council Regulation (EC) No 2074/2004, TARIC code 
"8305 10 00 34" is hereby added in the text between the brackets. 

The  duty  shall  be  collected  on  imports  registered  in  accordance  with  Article  2  of 
Regulation (EC) No 1434/2007 and Articles 13(3) and 14(5) of Regulation (EC) No 
384/96  on  ring  binder  mechanisms  consisting  of  two  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,  other  than  those 
identified  in  Article  1  of  Regulation  (EC)  2074/2004,  prior  to  its  replacement  by 
paragraph  1  and  falling  within  CN  code  ex  8305  10  00  (TARIC  codes  applicable 
until entry into force of this Regulation: ex 8305 10 00 32 and ex 8305 10 00 39) and 
originating in the People' Republic of China. 

Article 2 

The  investigation  initiated  by  Commission  Regulation  (EC)  No  1434/2007  concerning  the 
possible  circumvention  of  the  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  declared  as  originating  in  Thailand  or  not,  and  making  such  imports  subject  to 
registration is hereby terminated. 

Customs authorities are hereby directed to discontinue the registration of imports established 
in accordance with Article 2 of Commission Regulation (EC) No 1434/2007. 

Article 3 

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

Article 4 

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

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Done at Brussels,  

For the Council 
The President 

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