Commission Regulation (EC) No 923/2008 of 12 September 2008 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1174/2005, as amended by Council Regulation (EC) No 684/2008, on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China by imports of hand pallet trucks and their essential parts consigned from Thailand, whether declared as originating in Thailand or not and making such imports subject to registration
Date: 2008-09-12
Institutions: European Commission
Subjects: China, Thailand, anti-dumping legislation, anti-dumping measure, dumping, hoisting equipment, import, originating product

20.9.2008

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Official Journal of the European Union

L 252/3

COMMISSION REGULATION (EC) No 923/2008

of 12 September 2008

initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 1174/2005, as amended by Council Regulation (EC) No
684/2008, on imports of hand pallet trucks and their essential parts originating in the People’s
Republic of China by imports of hand pallet trucks and their essential parts consigned from
Thailand, whether declared as originating in Thailand or not and making such imports subject to
registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

B. EXISTING MEASURES

Having regard to the Treaty
Community,

establishing the European

The measures currently in force and possibly being circum­
vented are anti-dumping measures imposed by Council Regu­
lation (EC) No 1174/2005 (2), as amended by Regulation (EC)
No 684/2008 (3).

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
(the basic Regulation) (1) and in particular Articles 13(3),
14(3) and 14(5) thereof,

Whereas:

The Commission has decided, pursuant
to Article 13(3) of
Regulation (EC) No 384/96 (the basic Regulation) to investigate
on its own initiative the possible circumvention of the anti-
dumping measures imposed on imports of hand pallet trucks
and their essential parts originating in the People’s Republic of
China.

A. PRODUCT

The product concerned by the possible circumvention is hand
pallet trucks and their essential parts, i.e. chassis and hydraulics,
originating in the People’s Republic of China, normally declared
under CN codes ex 8427 90 00 and ex 8431 20 00. Hand pallet
trucks are defined as 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
to lift and to weigh the loads
level
(weighing trucks) (‘the product concerned’).

(scissorlifts); or

(iv)

C. GROUNDS

The Commission has at
its disposal sufficient prima facie
evidence that the anti-dumping measures on imports of hand
pallet trucks and their essential parts originating in the People’s
Republic of China are being circumvented by means of
assembly operations in Thailand of the product under investi­
gation.

The prima facie evidence at the Commission’s disposal
follows:

is as

— a significant change in the pattern of trade involving exports
from the People’s Republic of China and Thailand to the
Community has taken place following the imposition of
measures on the product concerned, and there is insufficient
due cause or justification other than the imposition of the
duty for such a change,

— this change in the pattern of trade appears to stem from
assembly operations in Thailand of hand pallet trucks and
their essential parts,

— furthermore,

that

to the fact

the evidence points

the
remedial effects of the existing anti-dumping measures on
the product concerned are being undermined both in terms
of quantity and price. Significant volumes of imports of the
product under investigation from Thailand appear to have
replaced imports of
In addition,
there is sufficient evidence that this increase in imports is
made at prices well below the non-injurious price estab­
lished in the investigation that led to the existing measures,

the product concerned.

The product under investigation is hand pallet trucks and their
essential parts, as defined in the above paragraph, consigned
from Thailand (‘the product under
investigation’) normally
declared under the same codes as the product concerned.

— finally, the Commission has sufficient prima facie evidence
at its disposal that the prices of hand pallet trucks and their
essential parts are dumped in relation to the normal value
previously established for the hand pallet trucks and their
essential parts.

(1) OJ L 56, 6.3.1996, p. 1.

(2) OJ L 189, 21.7.2005, p. 1.
(3) OJ L 192, 19.7.2008, p. 1.

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Official Journal of the European Union

20.9.2008

Should circumvention practices covered by Article 13 of the
basic Regulation, other than the ones mentioned above, be
identified in the course of the investigation, the investigation
may cover these practices also.

D. PROCEDURE

In the light of the above, the Commission has concluded that
sufficient evidence exists to justify the initiation of an investi­
gation pursuant to Article 13 of the basic Regulation and to
make imports of hand pallet trucks and their essential parts
consigned from Thailand, whether declared as originating in
in accordance with
Thailand or not, subject
Article 14(5) of the basic Regulation.

to registration,

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to the
exporters/producers and to the associations of exporters/pro­
ducers in Thailand, to the importers and to the associations
of importers in the Community which cooperated in the inves­
tigation that led to the existing measures and to the authorities
of the People’s Republic of China and Thailand. Information, as
appropriate, may also be sought from the Community industry
as well as from the exporters/producers in the People’s Republic
of China.

all

the
interested parties
In any event,
Commission forthwith, but not later than the time limit set
in Article 3 of this Regulation and, if necessary, request a ques­
tionnaire within the time limit set in Article 3(1), given that the
time limit set in Article 3(2) of this Regulation applies to all
interested parties.

should contact

The authorities of the People’s Republic of China and Thailand
will be notified of the initiation of the investigation.

(b) Collection of information and holding of hearings

interested parties are hereby invited to make their views
All
supporting evidence.
known in writing and to provide
Furthermore,
interested parties,
provided that they make a request in writing and show that
there are particular reasons why they should be heard.

the Commission may hear

(c) Exemption of registration of imports or measures

In accordance with Article 13(4) of
the basic Regulation,
imports of the product under investigation may be exempted
from registration or measures if
the importation does not
constitute circumvention.

Since the possible circumvention takes place outside the
in accordance with
Community, exemptions may be granted,

to producers of

the basic Regulation,

the
Article 13(4) of
product under investigation that can show that they are not
related to any producer subject to the measures and that are
found not to be engaged in circumvention practices as defined
in Articles 13(1) and 13(2) of the basic Regulation. Producers
wishing to obtain an exemption should submit a request duly
supported by evidence within the time limit
indicated in
Article 3(3) of this Regulation.

E. REGISTRATION

Pursuant to Article 14(5) of the basic Regulation, imports of the
product under investigation should be made subject to regis­
tration in order to ensure that, should the investigation result in
findings of circumvention, anti-dumping duties of an appro­
priate amount can be levied retroactively from the date of
registration of such imports.

F. TIME LIMITS

In the interest of sound administration, time limits should be
stated within which:

— interested parties may make themselves known to the
their views in writing and submit
Commission, present
questionnaire replies or any other information to be taken
into account during the investigation,

— producers in Thailand may request exemption from regis­

tration of imports or measures,

— interested parties may make a written request to be heard by

the Commission.

Attention is drawn to the fact
the exercise of most
procedural rights set out in the basic Regulation depends on
the parties making themselves known within the time limits
mentioned in Article 3 of this Regulation.

that

G. NON-COOPERATION

Where an interested party refuses access to or does not provide
the necessary information within the time limits, or significantly
impedes the investigation, provisional or final findings, affir­
mative 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 an interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of facts available. If an interested party
does not cooperate or cooperates only partially and findings are
therefore based on facts available in accordance with Article 18
of the basic Regulation, the result may be less favourable to that
party than if it had cooperated.

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H. PROCESSING OF PERSONAL DATA

It is noted that any personal data collected in this investigation
will be treated in accordance with Regulation (EC) No 45/2001
of the European Parliament and of the Council of 18 December
individuals with regard to the
2000 on the protection of
processing of personal data by the Community institutions
and bodies and on the free movement of such data (1).

I. HEARING OFFICER

their

in the exercise of

the intervention of

It is also noted that if interested parties consider that they are
rights of
encountering difficulties
the Hearing
they may request
defence,
Officer of the Directorate-General
for Trade (Trade DG). He
acts as an interface between the interested parties and the
Commission services, offering, where necessary, mediation on
procedural matters affecting the protection of their interests in
this investigation, in particular with regard to issues concerning
access to the file, confidentiality, extension of time limits and
the treatment of written and/or oral submission of views. For
further information and contact details, interested parties may
consult the Hearing Officer’s web pages on the website of Trade
DG (http://ec.europa.eu/trade),

HAS ADOPTED THIS REGULATION:

Article 1

and

ex 8427 90 00

ex 8431 20 00

An investigation is hereby initiated pursuant to Article 13(3) of
Regulation (EC) No 384/96, in order to determine if imports
into the Community of hand pallet trucks and their essential
parts,
i.e. chassis and hydraulics, consigned from Thailand
whether originating in Thailand or not and falling within CN
code
(TARIC codes
8427 90 00 11 and 8431 20 00 11), are circumventing the
measures
imposed by Regulation (EC) No 1174/2005, as
amended by Regulation (EC) No 684/2008. Hand pallet
trucks are defined as trucks with wheels supporting lifting
for handling pallets, designed to be manually
fork arms
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
to lift and to weigh the loads
(weighing trucks).

(scissorlifts); or

(iv)

Article 2

to
The customs authorities are hereby directed, pursuant
Article 13(3) and Article 14(5) of Regulation (EC) No 384/96,
to take the appropriate steps to register the imports identified in
Article 1 of this Regulation.

Registration shall expire nine months following the date of
entry into force of this Regulation.

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

The Commission, by Regulation, may direct customs authorities
to cease registration in respect of imports into the Community
of products manufactured by producers having applied for an
exemption of registration and having been found not to be
circumventing the anti-dumping duties.

Article 3

Questionnaires should be requested from the Commission
this Regulation in the

1.
within 15 days from publication of
Official Journal of the European Union.

2.
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 in
writing and submit questionnaire replies or any other infor­
mation within 40 days from the date of the publication of
this Regulation in the Official
the European Union,
unless otherwise specified.

Journal of

3.
Producers in the Thailand requesting exemption from
registration of imports or measures should submit a request
duly supported by evidence within the same 40-day time limit.

Interested parties may also apply to be heard by the

4.
Commission within the same 40-day time limit.

Any information relating to the matter, any request for a
5.
hearing or for a questionnaire as well as any request
for
exemption from registration of imports or measures 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 Regu­
lation, questionnaire replies and correspondence provided by
interested parties on a confidential basis shall be labelled as
‘Limited’ (2) 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: N105 04/090
B-1040 Brussels
Fax (32-2) 295 65 05.

(2) 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 regarding public access to
European Parliament, Council and Commission documents
(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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This Regulation shall enter into force on the day following 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.

Done at Brussels, 12 September 2008.

For the Commission

Peter MANDELSON
Member of the Commission