Council Regulation (EC) No 684/2008 of 17 July 2008 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: 2008-07-17
Institutions: Council of the European Union
Subjects: China, anti-dumping legislation, anti-dumping measure, hoisting equipment, import, originating product

19.7.2008

EN

Official Journal of the European Union

L 192/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 684/2008

of 17 July 2008

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
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 11(3) thereof,

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

Whereas:

1. MEASURES IN FORCE

(1)

By Regulation (EC) No 1174/2005 (2) (the original Regu­
imposed a definitive anti-dumping
lation) the Council
trucks and their
duty on imports of hand pallet
People’s
in the
(HPT) originating
essential parts
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)

initiated on the
This partial
interim review was
Commission’s own initiative. The information at
the
Commission’s disposal
indicated that certain products,
scissorlifts and weighing trucks
highlifters,
(HSSWT), which could allegedly fall under the product

stackers,

(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.

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 afore­
mentioned 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.

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
review in accordance with Article 11(3) of
the basic
Regulation,
limited to the examination of the product
scope.

2.2. Review investigation

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
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.

review investigation.

(3)

(4)

(5)

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

(3) OJ C 184, 7.8.2007, p. 11.

(6)

(7)

(8)

(9)

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Official Journal of the European Union

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investigation. For

In view of the scope of the partial review, no investi­
gation 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 period considered,
the original
information concerning sales/purchases volume
and
value, production volume and capacity for HPT and
HSSWT was
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, interchangeability etc.

requested.

addition,

the

In

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
the
following companies:

the premises of

investigations

at

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
in
the loads
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).

to place them higher, assist

in order

(12) Only HPT as defined under

requested from cooperating parties

recital 10 above were
considered as the product concerned investigated under
the original Regulation. It is pertinent to note that for the
investigation the Commission
purposes of the original
has never
to
provide information on HSSWT and has not verified
any information on HSSWT. Thus, all data and infor­
mation presented under the original Regulation and the
results of the original investigation, including the impo­
sition of
the definitive anti-dumping measures, were
purely based on HPT.

— BT Products AB, Mjölby, Sweden,

— Franz Kahl GmbH, Lauterbach, Germany,

— RAVAS Europe B.V., Zaltbommel, the Netherlands.

(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
to their physical and technical characteristics,
respect
their production process,
typical end-uses and
their interchangeability.

their

2.3. Product concerned

and their

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
and
essential parts,
pallets,
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
brakes.

chassis

i.e.

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

(14)

(15)

2.4.1. Physical and technical characteristics of HPT/HSSWT

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 brakes. 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.

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
the aforesaid specific
to fulfil
components.
HSSWT functions, the requirements in the strength and
construction of forks, chassis and hydraulics are different
in order to fulfil these ad­
than for HPT. In addition,
ditional
significantly more
expensive than HPT (up to 10 times).

functions, HSSWT are

In order

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2.4.2. Production process

(20)

(16)

and

thus

the
different

It was established by the review investigation that there
are significant differences in the production process of
latter need additional
HPT and HSSWT since
steps
production
components
compared with HPT.
the review investigation
revealed that
in highlifters and stackers the frame of
the chassis needs to be significantly higher and the
to enable lifting the load
hydraulic system different
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.

Indeed,

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.

2.4.3. Typical end-uses of HPT/HSSWT

(17) HPT are widely used in load handling activities, in distri­
bution 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 surfaces, by a pedestrian
operator using an articulated tiller. The hand pallet trucks
are only designed to raise a load, by pumping the tiller,
for
to a height sufficient
example in distribution vehicles, warehouses, manufac­
turing sites, or even inside retail
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 forklifts. No specific training is needed to use
HPT.

transporting the load,

sales

for

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

(22)

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

(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.

(23)

2.5. Conclusion on the product scope

and

technical

additional

The review investigation has established that due to
different
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.

2.4.4. Interchangeability

(19)

The review investigation has shown that HSSWT have
significantly more specific uses than HPT. Indeed, high­
lifters/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.

(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.

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(25)

Interested
conclusions.

parties were

informed

of

the

above

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

such a conclusion. All

submitted

parties

that

(27) Given the above, it is considered appropriate to amend
the original Regulation to clarify the product definition.

(28)

(29)

(30)

(31)

anti-dumping measure,

covered by the original

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

the entry into force of

is

it

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 Regu­
lation (EC) No 1174/2005 and the provisional anti-
dumping
to
Article 2 of the same Regulation should be repaid or
remitted.

collected pursuant

definitively

duties

Repayment or remission must be requested from national
customs
in accordance with applicable
customs legislation.

authorities

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

the purpose of

‘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
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 surfaces, 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) No
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.

In duly justified cases,

Repayment and remission shall be requested from national
customs authorities in accordance with applicable customs legis­
lation.
the time limit of three years
provided in Article 236(2) of Council Regulation (EEC) No
2913/92 of 12 October 1992 establishing the Community
Customs Code (1) shall be extended for a period of one year.

Article 3

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

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

It shall apply from 22 July 2005.

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

Done at Brussels, 17 July 2008.

For the Council
The President

E. WOERTH

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu­

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).