Commission Regulation (EC) No 52/2009 of 21 January 2009 initiating a new exporter review of Council Regulation (EC) No 1174/2005 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2009-01-21
Institutions: European Commission
Subjects: China, anti-dumping legislation, anti-dumping measure, dumping, hoisting equipment, import, originating product

22.1.2009

EN

Official Journal of the European Union

L 17/19

COMMISSION REGULATION (EC) No 52/2009

of 21 January 2009
initiating a ‘new exporter’ review of Council Regulation (EC) No 1174/2005 imposing a definitive
anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the
People’s Republic of China, repealing the duty with regard to imports from one exporter in this
country and making these imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

C. EXISTING MEASURES

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(4) thereof,

After consulting the Advisory Committee,

Whereas:

A. REQUEST FOR A REVIEW

(1)

(2)

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the basic
lodged by Crown
Regulation. The application was
applicant’),
Equipment
an
exporting producer in the People’s Republic of China
(‘the country concerned’).

(Suzhou) Co.

Ltd (‘the

B. PRODUCT

lifting

fork arms

The product under review is hand pallet trucks and their
essential parts, i.e. chassis and hydraulics, originating in
the People’s Republic of China, currently classifiable
within CN codes ex 8427 90 00 and ex 8431 20 00.
Hand pallet trucks are defined as trucks with wheels
for handling pallets,
supporting
designed to be manually pushed, pulled and steered, on
level, hard surfaces, by a pedestrian operator
smooth,
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 (high lifters); (ii) to
stack one pallet above the other (stackers); (iii) to lift the
load to a working level (scissor lifts); or (iv) to lift and to
(‘the product
weigh the
concerned’).

(weighing

trucks)

loads

(3)

(4)

(5)

(6)

(7)

The measures currently in force are a definitive anti-
dumping duty imposed by Council Regulation (EC) No
1174/2005 (2) under which imports into the Community
the product concerned originating in the People’s
of
Republic of China,
including the product concerned
produced by the applicant, are subject to a definitive
anti-dumping duty of 46,7 % with the exception of
several
expressly mentioned which are
subject to individual duty rates.

companies

D. GROUNDS FOR THE REVIEW

The applicant alleges that
it operates under market
economy conditions as defined in Article 2(7)(c) of the
basic Regulation. It further alleges that it did not export
the product concerned to the Community during the
investigation on which the anti-dumping
period of
the period from 1 April
measures were based,
2003 to 31 March 2004 (‘the original
investigation
period’) and that
the
it
exporting producers of the product which are subject
to the abovementioned anti-dumping measures.

related to any of

is not

i.e.

The applicant further alleges that it began exporting the
product concerned to the Community after the end of
the original investigation period.

E. PROCEDURE

Community producers known to be concerned have been
informed of the above application and have been given
an opportunity to comment. No comments have been
received.

the

review, pursuant

Having examined the evidence available, the Commission
concludes that there is sufficient evidence to justify the
initiation of a ‘new exporter’
to
Article 11(4) of the basic Regulation. Upon receipt of
the claim mentioned below under 8(c),
it will be
determined whether
applicant operates under
market economy conditions as defined in Article 2(7)(c)
the
the basic Regulation or alternatively whether
of
applicant fulfils the requirements to have an individual
duty established in accordance with Article 9(5) of the
basic Regulation. If so, the applicant’s individual margin
of dumping shall be calculated and, should dumping be
found, the level of the duty to which its imports of the
product concerned into the Community should be
subject shall be determined.

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

(2) OJ L 189, 21.7.2005, p. 1.

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Official Journal of the European Union

22.1.2009

(8)

it

the

applicant

is determined that

the
If
requirements to have an individual duty established,
it
may be necessary to amend the rate of duty currently
applicable to imports of the product concerned from
individually mentioned in Article 1(2)
companies not
of Regulation (EC) No 1174/2005.

fulfils

(a) Questionnaires

In order to obtain the information it deems necessary
for its investigation,
the Commission will send a
questionnaire to the applicant.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence.

Furthermore,
parties, provided that
writing showing that
why they should be heard.

the Commission may hear interested
in
they make a request
there are particular reasons

Attention is drawn to the fact that the exercise of
most procedural rights set out in the basic Regulation
depends on the parties making them known within
the period provided for by the present Regulation.

(9)

(c) Market economy treatment/individual treatment

duly

the basic Regulation. For
claims must

In the event that the applicant provides sufficient
it operates under market economy
evidence that
i.e. that it meets the criteria laid down
conditions,
the basic Regulation, normal
in Article 2(7)(c) of
value will be determined in accordance with
this
Article 2(7)(b) of
be
purpose,
submitted within the specific time limit
in
this Regulation. The Commission
Article 4(3) of
will send claim forms to the applicant, 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
it meets the
criteria laid down in Article 9(5) of the basic Regu­
lation.

substantiated

treatment,

that

i.e.

set

(d) Selection of the market economy country

of

the

have an individual duty established in accordance
with Article 9(5) of the basic Regulation, an appro­
priate market economy country will be used for the
purpose of establishing normal value in respect of the
People’s Republic of China in accordance with
Article 2(7)(a)
basic Regulation. The
Commission proposes using Canada again for this
purpose as was done in the investigation which led
to the imposition of measures on imports of the
product concerned from the People’s Republic of
are hereby invited to
China.
comment on the appropriateness of
this choice
within the specific time limit set in Article 4(2) of
this Regulation.

Interested parties

that

the applicant

in the event

Furthermore,
is
granted market economy treatment, the Commission
if necessary, also use findings concerning the
may,
normal value established in an appropriate market
economy country, e.g. for the purpose of replacing
any unreliable cost or price 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 proposes using Canada also for this
purpose.

F. REPEAL OF THE DUTY IN FORCE AND REGIS­
TRATION OF IMPORTS

subject

Pursuant to Article 11(4) of the basic Regulation, the
anti-dumping duty in force should be repealed with
regard to imports of the product concerned which are
produced and sold for export to the Community by the
applicant. At the same time, such imports should be
to registration in accordance with
made
Article 14(5) of
to
in order
ensure that, should the review result
in a finding of
dumping in respect of
the applicant, anti-dumping
duties can be levied retroactively from the date of the
initiation of this review. The amount of the applicant
possible future liabilities cannot be estimated at
this
stage of the proceeding.

the basic Regulation,

G. TIME LIMITS

(10)

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

time limits

(a)

their views

interested parties may make themselves known to the
Commission, present
in writing and
submit the replies to the questionnaire mentioned
in recital 8(a) of
this Regulation or provide any
other information to be taken into account during
the investigation;

In the event that the applicant is not granted market
economy treatment but fulfils the requirements to

(b) interested parties may make a written request to be

heard by the Commission;

22.1.2009

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Official Journal of the European Union

L 17/21

(c)

interested parties may comment on the appropri­
ateness of Canada which,
the
applicant will not be granted market economy
treatment,
a market-economy
the purpose of establishing normal
country for
value in respect of the People’s Republic of China;

in the event

proposed

that

as

is

(d) the applicant should submit a duly substantiated
claim for market economy treatment and/or for indi­
vidual treatment pursuant to Article 9(5) of the basic
Regulation.

H. NON-COOPERATION

(11)

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.

(12) Where it is found that any interested party has supplied
false or misleading information, the information shall be
in accordance with
disregarded and use may be made,
Article 18 of the 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.

(13)

(14)

I. PROCESSING OF PERSONAL DATA

It is noted that any personal data collected in this inves­
tigation 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 processing of personal
data by the Community institutions and bodies and on
the free movement of such data (1).

J. HEARING OFFICER

they may request

the intervention of

It is also noted that if interested parties consider that they
are encountering difficulties in the exercise of their rights
of defence,
the
Hearing Officer of DG Trade. He acts as an interface
between the interested parties and the Commission
services,
offering, where necessary, mediation on
their
procedural matters affecting the protection of
interests in this proceeding, 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),

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

HAS ADOPTED THIS REGULATION:

Article 1

(TARIC

ex 8431 20 00

8431 20 00 11

and
8427 90 00 19,

A review of Regulation (EC) No 1174/2005 is hereby initiated
pursuant to Article 11(4) of Regulation (EC) No 384/96 in
order to determine if and to what extent the imports of hand
pallet trucks and their essential parts falling within CN codes
codes
ex 8427 90 00
8427 90 00 11,
and
8431 20 00 19) originating in the People’s Republic of China,
produced and sold for export to the Community by Crown
Equipment
(Suzhou) Co. Ltd (TARIC additional code A929)
should be subject to the anti-dumping duty imposed by Regu­
lation (EC) No 1174/2005. For the purpose of 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 (high lifters), (ii) to stack one pallet
above the other (stackers), (iii) to lift the load to a working level
(scissor lifts) or (iv) to lift and to weigh the loads (weighing
trucks).

Article 2

The anti-dumping duty imposed by Regulation (EC) No
1174/2005 is hereby repealed with regard to the imports iden­
tified in Article 1 of the present Regulation.

Article 3

the Member States are hereby
The customs authorities of
directed, pursuant
to Article 14(5) of Regulation (EC) No
384/96, to take the appropriate steps to register the imports
this Regulation. Registration shall
identified in Article 1 of
expire nine months following the date of entry into force of
this Regulation.

Article 4

1.
Interested parties, if their representations are to be taken
into account during the investigation, must make themselves
known to the Commission, present their views in writing and
submit the replies to the questionnaire mentioned in recital 8(a)
of this Regulation or any other information, unless otherwise
specified, within 40 days of the entry into force of this Regu­
lation. 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.
Interested parties may also apply in writing to be heard by the
Commission within the same 40-day time limit.

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Official Journal of the European Union

22.1.2009

Parties to the investigation wanting to comment on the
2.
appropriateness of Canada, which is proposed as a market
economy third country for the purpose of establishing normal
value in respect of the People’s Republic of China, must submit
their comments within 10 days of the date of entry into force
of this Regulation.

3.
A duly substantiated claim for market economy treatment
and/or individual treatment must reach the Commission within
40 days of the date of the entry into force of this Regulation.

All submissions and requests made by interested parties
4.
must be made in writing (not
in electronic format, unless
otherwise specified) and must indicate the name, address, e-
mail address,
the interested
telephone and fax numbers of
party. All written submissions,
including the information
requested in this Regulation, questionnaire replies and corre­
spondence provided by interested parties on a confidential
basis shall be labelled as ‘Limited’ (1) and,
in accordance with
Article 19(2) of Regulation (EC) No 384/96, shall be accom­

panied by a non-confidential version, which will be labelled
‘FOR INSPECTION BY INTERESTED PARTIES’.

Any information relating to the matter and/or any request for a
hearing should be sent to the following address:

European Commission
Directorate-General for Trade
Directorate H
Office: N-105 4/92
B-1040 Bruxelles/Brussel
BELGIQUE/BELGIË
Fax (32-2) 295 65 05

Article 5

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

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

Done at Brussels, 21 January 2009.

For the Commission

Catherine ASHTON
Member of the Commission

(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
(OJ L 145, 31.5.2001,
p. 43).
It is a confidential document pursuant to Article 19 of
Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1) and
Article 6 of the WTO Agreement on Implementation of Article VI of
the GATT 1994 (Anti-dumping Agreement).