Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain ring binder mechanisms originating in the People's Republic of China
Date: 2008-12-05
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, office supplies, originating product

5.12.2008

EN

Official Journal of the European Union

C 310/15

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
certain ring binder mechanisms originating in the People's Republic of China

(2008/C 310/06)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of certain ring
binder mechanisms originating in the People's Republic of
China (‘country concerned’), the Commission has received a
request for review pursuant to Article 11(2) of Council Regu-
lation (EC) No 384/96 of 22 December 1995 on protection
against dumped imports from countries not members of the
European Community (2) (‘the basic Regulation’).

1. Request for review

The request was lodged on 4 September 2008 by Community
producer Ring Alliance Ringbuchtechnik GmbH (‘the applicant’)
representing a major proportion, in this case more than 50 %,
of the total Community production of ring binder mechanisms.

2. Product

currently

concerned’),

The product under review are certain ring binder mechanisms
originating in the People's Republic of China (‘the pro-
duct
classifiable within CN code
ex 8305 10 00. This CN code is given only for information.
For the purpose of this Notice, ring binder mechanisms shall
consist of two 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 with a small steel trigger mechanism fixed to the ring
binder mechanism.

3. Existing measures

The measures currently in force is a definitive anti-dumping
duty imposed by Council Regulation (EC) No 2074/2004 (3) on
imports of certain ring binder mechanisms originating in the

the definitive

People's Republic of China. By Council Regulation (EC)
No 1208/2004 (4)
anti-dumping duty was
extended to imports of ring binder mechanisms consigned
from Vietnam, whether declared as originating in Vietnam or
not, and by Council Regulation (EC) No 33/2006 (5) to imports
ring binder mechanisms consigned from Lao People's
of
Democratic Republic, whether declared as originating in Lao
People's Democratic Republic or not. Council Regulation
(EC) No 818/2008 (6)
amended Council Regulation (EC)
No 2074/2004.

4. Grounds for the review

The request is based on the grounds that the expiry of measures
would be likely to result in a continuation or recurrence of
dumping and injury to the Community industry.

In view of the provisions of Article 2(7) of the basic Regulation,
the applicant established normal value for the People's Republic
of China on the basis of a constructed normal value in an
appropriate market economy country, which is mentioned in
point 5.1(d). The allegation of a continuation of dumping is
based on a comparison of normal value, as set out in the
preceding sentence, with the export prices of
the product
concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

(1) OJ C 146, 12.6.2008, p. 33.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 359, 4.12.2004, p. 11.

(4) OJ L 232, 1.7.2004, p. 1.
(5) OJ L 7, 12.1.2006, p. 1.
(6) OJ L 221, 19.8.2008, p. 1.

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Official Journal of the European Union

5.12.2008

The applicant further alleges the likelihood of further injurious
dumping. The applicant has submitted evidence showing the
precarious situation of the Community industry and alleges that
imports at
recurrence of
any continuation or
dumped prices from the country concerned would likely lead to
the continuation or recurrence of
injury to the Community
industry should measures be allowed to lapse.

substantial

— the names and the precise activities of all related
involved in the production and/or

companies (1)
selling of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review,
the Commission hereby initiates a review in
accordance with Article 11(2) of the basic Regulation.

5.1. Procedure for the determination of likelihood of dumping

and injury

to its possible inclusion in the sample.

the company
By providing the above information,
If
agrees
the company is chosen to be part of
the sample,
this will imply replying to a questionnaire and accepting
an on-the-spot
the
company indicates that it does not agree to its possible
inclusion or inclusion in the sample, it will be deemed
not to have co-operated in the investigation. The conse-
quences of non-cooperation are set out
in point 8
below.

investigation of

its response.

If

the selection of

In order to obtain the information it deems necessary
for
the
Commission will, in addition, contact any known asso-
ciations of importers.

the sample of

importers,

The investigation will determine whether the expiry of
the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury.

(ii) Final selection of the sample

(a) Sampling

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling,
in accordance with Article 17 of the basic Regulation.

(i) Sampling for impor ters

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
on their company or companies within the time limit
set
in point 6(b)(i) and in the formats indicated in
point 7:

All
interested parties wishing to submit any relevant
information regarding the selection of the sample must
do so within the time limit set in point 6(b)(ii).

The Commission intends to make the final selection of
the sample after having consulted the parties concerned
that have expressed their willingness to be included in
the sample.

Companies included in the sample must reply to a
questionnaire within the time limit set in point 6(b)(iii)
the
and must co-operate within the framework of
investigation.

sufficient

forthcoming,

co-operation is not

If
the
Commission may base its findings, in accordance with
Articles 17(4) and 18 of the basic Regulation, on the
facts available. A finding based on facts available may be
less advantageous to the party concerned, as explained
in point 8.

— name, address, e-mail address,
numbers and contact person,

telephone and fax

(b) Questionnaires

— the total turnover in euro of the company during
the period 1 October 2007 to 30 September 2008,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in pieces and value in euro of imports
into and resales made in the Community market
during the period 1 October 2007 to 30 September
2008 of the imported product concerned originating
in the People's Republic of China,

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the Community industry and to any known association of
producers in the Community, to the exporters/producers in
the People's Republic of China, to any association of expor-
ters/producers, to the sampled importers, to any known
association of
the
exporting country concerned.

importers, and to the authorities of

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 laying down
provisions for
the implementation of Council Regulation (EEC)
No 2913/92 establishing the Community Customs Code (OJ L 253,
11.10.1993, p. 1).

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(c) Collection of information and holding of hearings

15 days after the publication of
Official Journal of the European Union.

this notice in the

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence must reach the Commission within the
time limit set in point 6(a)(ii).

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are
particular reasons why they should be heard. This request
must be made within the time limit set in point 6(a)(iii).

(d) Selection of the market economy country

In the previous investigation India was used as an appro-
priate market economy country for the purpose of estab-
lishing normal value in respect of the People's Republic of
China. The applicant has now proposed to use, and the
Commission envisages using, Thailand for this purpose.
Interested parties are hereby invited to comment on the
appropriateness of this possible choice within the specific
time limit set in point 6(c).

(ii) For par ties

to make themselves known,

to
submit questionnaire replies and any other
infor mation

All 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 and submit questionnaire replies or
any other information within 40 days of the date of
publication of this notice in the Official Journal of the
European Union, unless otherwise specified. Attention is
drawn to the fact that the exercise of most procedural
rights set out in the basic Regulation depends on the
party's making itself known within the aforementioned
period.

selected

Companies
submit
a
questionnaire replies within the time limit specified in
point 6(b)(iii).

sample must

in

5.2. Procedure for the assessment of Community interest

(iii) Hear ings

In accordance with Article 21 of the basic Regulation and in the
event that the likelihood of a continuation or recurrence of
dumping and injury is confirmed, a determination will be made
as to whether maintaining the anti-dumping measures would
not be against the Community interest. For this reason the
Commission may send questionnaires to the known Community
industry, importers, their representative associations, representa-
tive users and representative consumer organizations. Such
including those not known to the Commission,
parties,
provided that they prove that there is an objective link between
their activity and the product concerned, may, within the
general time limits set in point 6(a)(ii), make themselves known
and provide the Commission with information. The parties
which have acted in conformity with the preceding sentence
may request a hearing, setting out the particular reasons why
they should be heard, within the time limit set in point 6(a)(iii).
It should be noted that any information submitted pursuant to
the basic Regulation will only be taken into
Article 21 of
the time of
if
account
submission.

supported by factual evidence at

6. Time limits

(a) General time limits

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

(b) Specific time limit in respect of sampling

(i) The information specified in point 5.1(a)(i) should reach
the Commission within 15 days of the date of publica-
tion of this notice in the Official Journal of the European
Union, given that the Commission intends to consult
parties concerned that have expressed their willingness
to be included in the sample on its final selection
within a period of 21 days of the publication of this
notice in the Official Journal of the European Union.

(ii) All other information relevant for the selection of the
sample as referred to in 5.1(a)(ii) must
reach the
Commission within a period of 21 days of the publica-
tion of this notice in the Official Journal of the European
Union.

(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date of
the notification of their inclusion in the sample.

(c) Specific time limit for the selection of the market economy country

(i) For par ties to request a questionnaire or other

claim for ms

interested parties who did not co-operate in the
All
investigation leading to the measures subject
to the
present review should request a questionnaire or other
claim forms as soon as possible, but not later than

Parties to the investigation may wish to comment on the
appropriateness of Thailand which,
as mentioned in
point 5.1(d), is envisaged as a market-economy country for
the purpose of establishing normal value in respect of the
People's Republic of China. These comments must reach the
Commission within 10 days of the date of publication of
this notice in the Official Journal of the European Union.

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7. Written submissions, questionnaire replies and cor-

10. Possibility to request a review under Article 11(3) of

respondence

the basic Regulation

All submissions and requests made by interested parties 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 notice,
questionnaire replies and correspondence provided by interested
parties on a confidential basis shall be labelled as ‘Limited’ (1)
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 04/92
B-1049 Brussels
Fax (32-2) 295 65 05

8. Non-co-operation

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits, or
significantly impedes the investigation, findings, affirmative 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 any interested party has supplied false or
misleading information, the information shall be disregarded
in accordance with Article 18 of the
and use may be made,
basic Regulation, of the facts available. If an interested party
does not cooperate or cooperates only partially, and use of facts
available is made, the result may be less favourable to that party
than if it had cooperated.

9. Schedule of the investigation

The investigation will be concluded, according to Article 11(5)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union.

As this expiry review is initiated in accordance with the provi-
sions of Article 11(2) of
the findings
thereof will not lead to the level of the existing measures being
amended but will
lead to those measures being repealed or
maintained in accordance with Article 11(6) of the basic Regu-
lation.

the basic Regulation,

If any party to the proceeding considers that a review of the
level of
the measures is warranted so as to allow for the
possibility to amend (i.e. increase or decrease) the level of the
measures, that party may request a review in accordance with
Article 11(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried
out
the expiry review mentioned in this
notice, may contact the Commission at the address given above.

independently of

11. 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
2000 on the protection of individuals with regard to the proces-
sing of personal data by the Community institutions and bodies
and on the free movement of such data (2).

12. Hearing Officer

their

they may request

in the exercise of

the intervention of

It is also noted that if interested parties consider that they are
rights of
encountering difficulties
defence,
the Hearing
Officer of DG Trade. He acts as an interface between the inter-
ested parties and the Commission services, offering, where
necessary, mediation on procedural matters affecting the protec-
tion of
in particular with
regard to issues concerning access to file, confidentiality, exten-
sion 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
of the website of DG Trade (http://ec.europa.eu/trade).

their interests in this proceeding,

(1) 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 Imple-
mentation of Article VI of the GATT 1994 (Anti-dumping Agreement).

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