Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of ironing boards originating in the People's Republic of China
Date: 2009-01-08
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, anti-dumping measure, household article, import

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Official Journal of the European Union

8.1.2009

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of ironing boards originating in the People's Republic of China

(2009/C 3/07)

interim
The Commission has received a request for a partial
review pursuant to Article 11(3) of 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’).

1. Request for review

The request was lodged by Guangzhou Power Team Houseware
Co. Ltd., Guangzhou (‘the applicant’), an exporter from the
People's Republic of China.

The request is limited in scope to the examination of dumping
as far as the applicant is concerned.

2. Product

The product under review is ironing boards, whether or not
free-standing, with or without a steam soaking and/or heating
top and/or blowing top, including sleeve boards, and essential
parts thereof, i.e. the legs, the top and the iron rest originating
in the People's Republic of China (‘the product concerned’)
currently classifiable within CN ex 3924 90 90, ex 4421 90 98,
ex
7323 99 99,
ex 8516 79 70 and ex 8516 90 00. These CN codes are given
only for information.

7323 99 91,

7323 93 90,

ex

ex

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 452/2007 (2) on
imports of ironing boards originating, inter alia, in the People's
Republic of China.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 109, 26.4.2007, p. 12.

4. Grounds for the review

The request pursuant to Article 11(3) is based on prima facie
evidence, provided by the applicant, that the circumstances on
the basis of which measures were imposed have changed and
that these changes are of a lasting nature.

The applicant provided prima facie evidence that the continued
imposition of the measure at its current level is no longer neces-
sary to offset dumping. In particular, the applicant has provided
prima facie evidence showing that it now operates under market
economy conditions, i.e. that it meets the criteria laid down in
Article 2(7)(c) of the basic Regulation. The applicant therefore
alleges that its normal value should be determined in accordance
with Article 2(7)(b) of the basic Regulation. A comparison of
this normal value and its export prices to the Community indi-
cates that the dumping margin appears to be substantially lower
than the current level of the measure.

Therefore, the continued imposition of measures at the existing
level, which was based on the level of dumping previously
established, appears
to be no longer necessary to offset
dumping.

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation.

The investigation will determine whether the company now
operates under market economy conditions as defined in
Article 2(7)(c) of the basic Regulation and will assess the need
for the continuation, removal or amendment of the existing
measures in respect of the applicant.

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it

is determined that measures

If
should be removed or
amended for the applicant, it may be necessary to amend the
rate of duty currently applicable to imports of
the product
concerned from companies not mentioned in Article 1 of Regu-
lation (EC) No 452/2007.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send a questionnaire to
the exporting
the applicant and to the authorities of
country
information and supporting
evidence should reach the Commission within the time limit
set in point 6(a)(i).

concerned. This

(b) Collection of information and holding of hearings

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

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)(ii).

(c) Market economy treatment/individual treatment

In the event that the company provides sufficient evidence
showing that it operates under market economy conditions,
i.e. that it meets the criteria laid down in Article 2(7)(c) of
the basic Regulation, normal value will be determined in
accordance with Article 2(7)(b) of the basic Regulation. For
this purpose, a duly substantiated claim must be submitted
within the specific time limit set in point 6(b) of this notice.
The Commission will send a claim form to the company as
well as to the authorities of the People's Republic of China.
This claim form may also be used by the applicant to claim
individual treatment, i.e. that it meets the criteria laid down
in Article 9(5) of the basic Regulation.

(d) Selection of the market economy country

that

In the event
the company is not granted market
economy treatment, but fulfils the requirements to have an
individual duty established in accordance with Article 9(5)
of the basic Regulation, an appropriate market economy
country will be used for the purpose of establishing normal
value in respect of the People's Republic of China in accord-
ance with Article 2(7)(a) of
the basic Regulation. The
Commission considers using Turkey again for this purpose
as was done in the investigation which led to the imposition
of
the product
concerned from the People's Republic of China. Interested
parties are hereby invited to comment on the appropriate-

the current measures on imports of

ness of this choice within the specific time limit set in
point 6(c) of this notice.

in the event

Furthermore,
the company is granted
that
market economy treatment, the Commission may, if neces-
sary, also use findings concerning the normal value estab-
lished in an appropriate market economy country, e.g. for
replacing any unreliable cost or price
the purpose of
elements in the People's Republic of China which are needed
in establishing the normal value, if reliable required data are
not available in the People's Republic of China. The
Commission considers using Turkey also for this purpose.

6. Time limits

(a) General time limits

(i) For par ties

to make

to
submit questionnaire replies and any other
infor mation

themselves known,

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 making itself known within the aforementioned
period.

(ii) Hear ings

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

(b) Specific time limit for submission of claims for market economy

treatment/individual treatment

company's duly

substantiated claim for market
The
economy treatment and/or for individual treatment pursuant
to Article 9(5) of the basic Regulation, as mentioned in
point 5(c) of this notice, must reach the Commission within
15 days of the date of publication of this notice in the
Official Journal of the European Union.

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

Parties to the investigation may wish to comment on the
appropriateness of Turkey which, as mentioned in point 5(d)
of this notice, is considered 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-

respondence

available is made, the result may be less favourable to that party
than if it had cooperated.

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 labeled 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 labeled ‘For Inspection By Interested Parties’.

Commission address for correspondence:
European Commission
Directorate-General for Trade
Directorate H
Office: N-105 4/92
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

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.

10. 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).

11. 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 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 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.