Proposal for a Council Regulation extending the definitive anti-dumping duty 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 to imports of the same product consigned from Thailand, whether declared as originating in Thailand or not
Date: 2009-05-13
Institutions: European Commission
Subjects: China, Thailand, anti-dumping legislation, anti-dumping measure, dumping, hoisting equipment, import, originating product

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.5.2009 
COM(2009) 220 final 

Proposal for a 

COUNCIL REGULATION 

extending the definitive anti-dumping duty 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 to imports of the same product consigned from Thailand, whether 
declared as originating in Thailand or not 

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EXPLANATORY MEMORANDUM 

1) CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  384/96  of  22 
December 1995 on protection against dumped imports from countries not members of 
the European Community, as last amended by Council Regulation (EC) No 2117/2005 
of 21 December 2005 ('the basic Regulation') in the investigation which considers the 
extension  of  the  definitive  anti-dumping  measures  imposed  by  Council  Regulation 
(EC)  No  1174/2005  on  imports  of  hand  pallet  trucks  and  their  essential  parts  (HPT) 
originating in the People's Republic of China to imports of the same product consigned 
from Thailand (whether declared as originating in Thailand or not).  

120 

•  General context 

This proposal is made in the context of the implementation of the basic Regulation and 
is the result of an investigation which was carried out in line with the substantive and 
procedural  requirements  laid  out  in  the  basic  Regulation  and  in  particular  Article  13 
thereof. 

•  Existing provisions in the area of the proposal 

The measures currently in force are imposed by 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. By Regulation (EC) No 
684/2008 the Council clarified the product scope of the original investigation. 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

139 

141 

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

219 

229 

230 

Interested parties concerned by the proceeding have had the possibility to defend their 
interests during the investigation, in line with the provisions of the basic Regulation. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

This proposal is the result of the implementation of the basic Regulation. 

The  basic  Regulation  does  not  foresee  a  general  impact  assessment  but  contains  an 
exhaustive list of conditions that have to be assessed. 

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3) LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

On  20  September  2008,  the  Commission  initiated,  by  Commission  Regulation  No 
923/2008, an investigation against Thailand concerning the possible circumvention of 
the  anti-dumping  measures  applicable  to  imports  of  hand  pallet  trucks  and  their 
essential  parts  originating  in  the  People's  Republic  of  China  imposed  by  Council 
Regulation  (EC)  No  1174/2005  of  18  July  2005,  by  imports  of  HPT  consigned  from 
Thailand (whether declared as originating in Thailand or not). 

Following  the  imposition  of  the  aforesaid  AD  measures,  prima  facie  evidence 
suggested  that  there  was  a  change  in  the  pattern  of  trade  in  HPT  between  China, 
Thailand  and  the  EC,  and  in  particular  a  surge  of  imports  of  HPT  from  Thailand. 
Coinciding  with  this  situation,  evidence  at  the  Commission's  disposal  suggested  that 
imports of essential parts for HPT from China into Thailand increased sharply between 
the imposition of the AD measures and 2007. At the same time, there appeared to be a 
significant  amount  of  assembly  operations  of  Chinese  essential  parts  for  HPT  in 
Thailand, a business practice that did not seem to have any economic justification, and 
a significant increase of exports of HPT from Thailand to the EC. 

The anti-circumvention investigation showed an increase of exports from Thailand for 
which  there  is  no  other  reasonable  explanation  than  the  existence  of  circumvention 
practises. Apart from one exporting producer in China, who simply reported its export 
sales from the China to the EC and some minor sales from China to Thailand, no other 
party,  either  in  Thailand  or  China,  replied  to  the  requested  questionnaires.  Thus,  no 
information  was  obtained,  which  would  provide  significant  due  cause  or  economic 
justification to explain the above-stated change of trade pattern. 

The  investigation  concluded  that  the  imports  from  Thailand  were  circumventing  the 
measures  in  place  and  it  is  therefore  proposed  that  the  Council  adopts  the  attached 
proposal  for  a  Regulation  extending  the  existing  anti-dumping  measures  to  the  same 
product consigned from Thailand, whether declared as originating in Thailand or not. 
The  relevant  Council  Regulation  should  be  published  in  the  Official  Journal  of  the 
European Union no later than 19 June 2009. 

310 

•  Legal basis 

Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection  against 
dumped  imports  from  countries  not  members  of  the  European  Community,  as  last 
amended by Council Regulation (EC) No 2117/2005 of 21 December 2005.  

329 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

331 

The form of action is described in the above-mentioned basic Regulation and leaves no 
scope for national decision. 

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332 

341 

342 

Indication  of  how  financial  and  administrative  burden  falling  upon  the  Community, 
national governments, regional and local authorities, economic operators and citizens is 
minimized and proportionate to the objective of the proposal is not applicable. 

•  Choice of instruments 

Proposed instruments: Regulation. 

Other means would not be adequate for the following reason(s). 

The above-mentioned basic Regulation does not foresee alternative options. 

4) BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

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Proposal for a 

COUNCIL REGULATION 

extending the definitive anti-dumping duty 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 to imports of the same product consigned from Thailand, whether 
declared as originating in Thailand or not 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

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 Community1 (the 'basic 
Regulation'), and in particular Article 13 thereof, 

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

Whereas: 

A. PROCEDURE 

1. 

(1) 

(2) 

2. 

(3) 

Existing measures  
By  Regulation  (EC)  No  1174/20052  (the 
'original  Regulation'),  following  an 
investigation  (the  'original  investigation'),  the  Council  imposed  a  definitive  anti-
dumping duty on imports of hand pallet trucks and their essential parts originating in 
the People's Republic of China ('HPT' or 'product concerned').  
By  Regulation  (EC)  No  684/20083  the  Council  clarified  the  product  scope  of  the 
original investigation.  

Ex-Officio Initiation  

Following  the  original  investigation,  evidence  at  the  disposal  of  the  Commission 
indicated  that  the  anti-dumping  measures  on  imports  of  HPT  originating  in  the 
People's  Republic  of  China  ('PRC')  are  being  circumvented  by  means  of  assembly 
operations in Thailand of HPT (the 'product under investigation'). 

(4) 

In  concrete  terms  the  prima  facie  evidence  at  the  Commission’s  disposal  indicated 
that: 

–  - a significant change in the pattern of trade involving exports from the PRC and 
Thailand to the Community has taken place following the imposition of measures 
on  the  product  concerned,  and  there  was  insufficient  due  cause  or  justification 
other than the imposition of the duty for such a change, 

–  - this change in the pattern of trade appeared to stem from assembly operations in 

Thailand of HPT, 

1 
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3 

OJ L 56, 6.3.1996, p. 1.  
OJ L 189, 21.7.2005, p. 1. 
OJ L 192, 19.7.2008, p. 1. 

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

–  -  the  prices  of  HPT  were  dumped  in  relation  to  the  normal  value  previously 

established for the product concerned. 

Having  determined,  after  consulting  the  Advisory  Committee,  that  sufficient  prima 
facie evidence existed for the initiation of an investigation pursuant to Article 13 of the 
basic Regulation, the Commission, on an ex-officio basis, initiated an investigation, by 
Commission  Regulation  (EC)  No  923/20084  (the  'initiating  Regulation')  in  order  to 
investigate  the  apparent  circumvention  of  the  anti-dumping  measures.  Pursuant  to 
Articles  13(3)  and  14(5)  of  the  basic  Regulation,  the  Commission,  by  the  initiating 
Regulation, also directed the customs authorities to register imports of HPT consigned 
from  Thailand,  whether  declared  as  originating  in  Thailand  or  not,  as  from  21 
September 2008. 

Investigation  

The  Commission  officially  advised  the  authorities  of  the  PRC  and  Thailand,  the 
producers/exporters in the PRC and Thailand, the importers in the Community known 
to  be  concerned  and  the  Community  industry  of  the  initiation  of  the  investigation. 
Questionnaires were sent to known producers/exporters in the PRC and in Thailand as 
well as to the importers in the Community known to the Commission from the original 
investigation  and  to  parties  that  had  made  themselves  known  within  the  deadlines 
specified  in  Article  3  of  the  initiating  Regulation.  Interested  parties  were  given  the 
opportunity to make their views known in writing and to request a hearing within the 
time  limit  set  in  the  initiating  Regulation.  All  parties  were  informed  that  non-
cooperation might lead to the application of Article 18 of the basic Regulation and to 
findings being made on the basis of the facts available. 

No replies to the questionnaires were received from exporters/producers in Thailand, 
nor  did  the  Commission  receive  any  comments  from  the  Thai  authorities.  Only  one 
Thai  exporter/producer  of  the  product  under  investigation,  who,  according  to 
information  at  the  disposal  of  the  Commission  at  the  time  of  initiation,  exported  the 
product under investigation to the Community during the period 2005 up to the IP (as 
defined  in  recital  (10)  below)  and  had  assembly  operations  of  HPT  in  Thailand, 
submitted that it has ceased to exist as from April 2008. 

One  Chinese  exporting  producer  replied  to  the  questionnaire  by  declaring  its  export 
sales  to  the  EC  as  well  as  some  very  minor  exports  of  the  product  concerned  to 
Thailand. No comments were received from the Chinese authorities. 

Finally,  nine  Community  importers  submitted  questionnaire  replies  reporting  their 
imports  from  China  and  Thailand.  In  general,  from  their  replies  it  is  concluded  that 
there was an increase of imports from Thailand and a sudden decrease of the imports 
from the PRC in 2006, the year after definitive anti-dumping duties came into force. In 
the following years, the imports from the PRC increased again while at the same time 

(5) 

3. 

(6) 

(7) 

(8) 

(9) 

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OJ L 252, 20.9.2008, p. 3. 

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imports  from  Thailand  slightly  decreased  but  still  remained  well  above  the  2005 
levels. 

5. 

Investigation period 

(10)  The  investigation  period  covered  the  period  from  1  September  2007  to  31  August 
2008 (the 'IP'). Data were collected from 2005 up to the end of the IP to investigate the 
alleged change in the pattern of trade and the other aspects set out in Article 13 of the 
basic Regulation. 

B. RESULTS OF THE INVESTIGATION 

1. 

General considerations/degree of cooperation/methodology  

(11)  As  mentioned  above  in  recital  (7),  no  producers/exporters  of  HPT  in  Thailand 
cooperated  in  the  investigation  and  provided  the  necessary  data.  Thus,  the 
Commission  was  not  in  a  position  to  verify  directly  at  the  source  the  nature  of  the 
imports consigned from Thailand. Accordingly, findings in respect of HPT consigned 
from Thailand to the Community had to be made on the basis of the facts available in 
accordance  with  Article  18  of  the  basic  Regulation.  In  this  context  it  is  noted  that 
neither  did  the  information  received  from  the  PRC  nor  from  Community  importers 
allowed to determine the nature of these imports. 

(12) 

In  accordance  with  Article  13(1)  of  the  basic  Regulation,  the  assessment  of  the 
existence of circumvention was done by analyzing whether there was a change in the 
pattern  of  trade  between  third  countries  and  the  Community,  whether  the  change 
stemmed from a practice, process or work for which there was insufficient due cause 
or  economic  justification  other  than  the  imposition  of  the  duty,  whether  there  was 
evidence of injury or that the remedial effects of the duty were being undermined in 
terms of prices and/or quantities of the like product, and whether there was evidence of 
dumping in relation to the normal values previously established for the like product, if 
necessary in accordance with the provisions of Article 2 of the basic Regulation.  

2. 

Product concerned and like product  

(13)  The product concerned is hand pallet trucks and their essential parts, i.e. chassis and 
hydraulics,  normally  declared  under  CN  code  ex  8427  90  00  and  ex  8431  20  00 
originating  in  the  PRC.  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 level (scissorlifts) or (iv) to lift and to 
weigh the loads (weighing trucks). 

(14)  The  product  under  investigation  is  hand  pallet  trucks  (having  the  same  definition  as 
the product concerned) and their essential parts, i.e. chassis and hydraulics, consigned 
from  Thailand  (the  'product  under  investigation')  whether  declared  as  originating  in 
Thailand or not, normally declared under the same CN codes as the product concerned.  

(15)  From  the  information  available,  it  was  concluded  that  HPT  exported  to  the 
Community from the PRC and those consigned from Thailand to the Community have 
the  same  basic  physical  characteristics  and  the  same  uses.  Therefore,  they  are 
considered as like products within the meaning of Article 1(4) of the basic Regulation.  

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3. 

Change in the pattern of trade between third countries and the Community 

(16)  Due  to  the  non-cooperation  of  any  Thai  company,  the  volume  and  value  of  Thai 
exports of the product concerned to the Community were determined on the basis of 
the information available, which in this case was statistical data collected by Member 
States  and  compiled  by  the  Commission  pursuant  to  Article  14(6)  of  the  basic 
Regulation,  and  Eurostat  data.  As  regards  the  data  provided  in  the  replies  of  the 
Community  importers,  the  investigation  established  that  the  number  of  Thai  exports 
reported by the Community importers represented only a very minor, part of the total 
Thai exports of HPT during the IP, namely less than 5%. Under these circumstances it 
was  considered  that  the  statistical  data  at  the  Commission's  disposal  portrays  more 
accurately the situation with respect to the volume and value of Thai exports than the 
limited information made available by Community importers.  

(17)  Following the imposition of the anti-dumping measures imports of HPT from Thailand 
increased from 7.458 trucks in 2005 to 64.706 trucks in 2007 and decreased to 42.056 
trucks during the IP.  

(18)  With  respect  to  China  imports  of  HPT  to  the  EC  increased  from  240.639  trucks  in 
2005  to  538.271  in  2007  and  584.786  during  the  IP.  According  to  the  available 
information, this increase is mainly attributed to increased exports of the sole Chinese 
exporting  producer  that  has  the  lowest  anti-dumping  duty  rate.  Indeed,  Chinese 
exports  from  this  particular  party  represent  the  overwhelming  percentage  of  the 
increase of imports into the EC of HPT from the PRC between 2005 and the end of the 
IP.  

(19)  Account taken of the above situation, it is concluded that there was a change in pattern 
of trade between the EC, the PRC and Thailand. Imports from the PRC continued to 
increase but this is directly attributed to the export performance of one of the Chinese 
exporting producers who cooperated with the original investigation and was attributed 
the lowest anti-dumping duty. On the other hand, imports from Thailand increased by 
868%  from  2005  to  2007  and  stabilized  during  the  IP  to  an  increase  of  564%  with 
respect to 2005.  

(20) 

In sum, the trade pattern found, although showing persistence in exports from the PRC 
also  shows  a  significant  increase  of  exports  from  Thailand.  The  persistence  or 
continued increase, albeit much smaller between 2007 and the IP than that found in the 
original  investigation,  of  exports  from  the  PRC,  can  be  explained  by  noting  that  the 
overwhelming  majority  of  the  exports  come  from  the  Chinese  company  with  the 
lowest  anti-dumping  duty  rate.  The  pattern  relating  to  Thailand,  on  the  other  hand, 
could  only  be  explained  as  the  result  of  actions  aiming  at  the  circumvention  of 
measures.  

4. 

Insufficient due cause or economic justification 

(21)  The  imports  into  the  Community  from  Thailand  started  to  rise  during  the  period  in 
which  the  Community  conducted  its  original  investigation.  It  is  recalled  that  the 
authorities in Thailand as well as potential Thai producers/exporters were informed of 
the  current  investigation.  However  no  evidence  was  received  that  could  explain  this 
significant increase nor in fact did any Thai company cooperate with the investigation 
by  submitting  the  necessary  questionnaire  replies.  In  this  respect  it  should  be 
highlighted  that  as  mentioned  under  recital  (7)  information  at  the  Commission's 
disposal at the time of initiation seemed to suggest that there is a significant amount of 
assembly operations of HPT in Thailand. On the other hand, no evidence was received 

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that there was a genuine production of the product under investigation in Thailand. On 
the basis of the available information, it is therefore concluded that, in the absence of 
any other sufficient due cause or economic justification within the meaning of Article 
13(1)  of  the  basic  Regulation,  the  change  in  the  pattern  of  trade  stemmed  from  the 
imposition of the anti-dumping duty on HPT originating in the PRC.  

5. 

Undermining of the remedial effects of the anti-dumping duty (Article 13(1)) 

(22)  The  investigation  established  that  imports  from  Thailand  undermined  the  remedial 

effects of the anti-dumping duty both in terms of quantities and prices. 

(23) 

It is recalled that the change in trade flows took the form of an extraordinary increase 
of  imports  from  Thailand.  This  undermined  first  the  remedial  effects  of  the  anti-
dumping  measures  in  terms  of  the  quantities  imported  into  the  Community  market. 
Indeed,  should  Community  imports  have  taken  place  from  the  PRC  instead  of 
Thailand,  it  is  more  than  likely  that  the  quantities  imported  would  have  been  much 
lower  than  those  imported  from  Thailand,  in  view  of  the  fact  that  there  would  have 
been a need to pay, inter alia, the anti-dumping duty ranging from 7,6% to 46,7%.  

(24)  Second, with respect to prices of the product concerned consigned from Thailand, in 
the  absence  of  cooperation,  it  was  necessary  to  refer  to  Eurostat  data  (which  were 
confirmed  by  14(6)  data),  which  was  the  best  evidence  available.  The  information 
submitted  by  the  Community  importers  was  not  considered  fully  reliable  for  the 
reasons described under recital (16). In this respect it was established that during the 
IP the average import price of Thai exports to the Community was significantly below 
the  injury  elimination  level  of  Community  prices  established  in  the  original 
investigation. In more concrete terms, the average import price of Thai exports to the 
Community  was  found  to  be  48,9%  lower  than  the  injury  elimination  level  of 
Community prices established in the original investigation. Hence, the remedial effects 
of the duty imposed in terms of prices are undermined. 

(25) 

It  is  therefore  concluded  that  the  imports  of  the  product  concerned  from  Thailand 
undermine the remedial effects of the duty both in terms of quantities and prices. 

6. 

Dumping test (Article 13(1)) 

(26)  As  explained  in  recitals  (7)  and  (16),  given  the  absence  of  cooperation,  in  order  to 
determine whether evidence of dumping could be found with respect to the exports of 
the product concerned to the Community from Thailand during the IP, Eurostat data at 
CN  level  were  used  pursuant  to  Article  18  of  the  basic  Regulation  as  the  basis  for 
establishing export prices to the EC. 

(27) 

(28) 

(29) 

In  accordance  with  Article  13(1)  of  the  basic  Regulation,  these  export  prices  were 
compared  with  the  normal  value  previously  established,  in  this  case  the  weighted 
average normal value established in the original investigation. 

In the absence of cooperation and pursuant to Article 18 of the basic Regulation, for 
the  purpose  of  comparing  the  export  price  and  normal  value,  it  was  considered 
appropriate to assume that the product mix of the goods observed during the present 
investigation was the same as in the original investigation. 

In accordance with Article 2(11) and 2(12) of the basic Regulation, a comparison of 
the weighted average normal value as established during the original investigation and 
the  weighted  average  of  the  export  prices  during  the  present  investigation's  IP,  as 
established  by  Eurostat  data,  expressed  as  a  percentage  of  the  CIF  price  at  the 
Community frontier, duty unpaid, revealed a significant dumping margin, i.e. 22,5%.  

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(30)  Given the dumping margin involved, and the fact that there is no evidence pointing to 
a significant change in the product mix of exports, it is considered that dumping exists 
in relation to the normal value established in the original investigation.  

C. MEASURES 

(31) 

In view of the findings above it is concluded that circumvention has taken place within 
the meaning of Article 13(1) of the basic Regulation. In accordance with Article 13(1) 
first sentence of the basic Regulation, the existing anti-dumping measures on imports 
of  the  product  concerned  originating  in  the  PRC  should  therefore  be  extended  to 
imports of the same product consigned from Thailand, whether declared as originating 
in Thailand or not.  

(32)  The  measure  to  be  extended  should  be  the  one  established  in  Article  1(2)  of  the 
original  Regulation  for  the  non-cooperating  parties,  i.e.  'all  other  companies'. 
Consequently, for the purpose of the present Regulation the rate of the anti-dumping 
duty  applicable  to  the  net,  free-at-Community  frontier  price,  before  duty,  shall  be 
46,7%.  

(33) 

(34) 

In  accordance  with  Article  14(5)  of  the  basic  Regulation,  which  provides  that  any 
extended  measure  may  apply  to  imports  which  entered  the  Community  under 
registration imposed by the initiating Regulation, duties should be collected on those 
registered imports of HPT consigned from Thailand. 

D. REQUESTS FOR EXEMPTION 

It is recalled that during the present investigation no Thai exporter/producer of HPT to 
the  Community  was  found  to  exist  in  Thailand  or  made  itself  known  to  the 
Commission  and  cooperated  with  the  proceeding.  Notwithstanding  the  above,  any 
Thai  exporter/producer  deemed  to  be  concerned  which  would  consider  lodging  a 
request  for  an  exemption  from  the  extended  anti-dumping  duty  pursuant  to  Article 
13(4) of the basic Regulation will be required to complete a questionnaire in order to 
enable  the  Commission  to  determine  whether  an  exemption  may  be  warranted.  Such 
exemption may be granted after the assessment of, for instance, the market situation of 
the product concerned, production capacity and capacity utilisation, procurement and 
sales and the likelihood of continuation of practices for which there is insufficient due 
cause or economic justification and the evidence of dumping. The Commission would 
normally  also  carry  out  an  on-spot  verification  visit.  The  request  would  have  to  be 
addressed to the Commission forthwith, with all relevant information, in particular any 
modification in the company’s activities linked to production and sales. 

E. DISCLOSURE 

(35) 

Interested parties were informed of the essential facts and considerations on the basis 
of which the Council intended to extend the definitive anti-dumping duty in force and 
were given the opportunity to comment and to be heard. No comments which were of 
a nature to change the above conclusions were received, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

The  definitive  anti-dumping  duty  applicable  to  'all  other  companies'  imposed  by 
Regulation (EC) No 1174/2005 on imports of hand pallet trucks and their essential 
parts,  i.e.  chassis  and  hydraulics,  as  defined  in  Article  1  of  Regulation  (EC)  No 
1174/2005, as amended by Regulation (EC) No 684/2008, originating in the People’s 

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Republic of China, is hereby extended to hand pallet trucks and their essential parts, 
i.e. chassis and hydraulics, as defined in Article 1 of Regulation (EC) No 1174/2005, 
as amended by Regulation (EC) No 684/2008, falling within CN code ex 8427 90 00 
and  ex  8431  20  00  (TARIC  codes  8427  90  00  11  and  8431  20  00  11),  consigned 
from Thailand whether declared as originating in Thailand or not.  

2. 

The  duties  extended  by  paragraph  1  of  this  Article  shall  be  collected  on  imports 
registered  in  accordance  with  Article  2  of  Commission  Regulation  (EC)  No 
923/20085 and Articles 13(3) and 14(5) of Regulation (EC) No 384/96. 

3. 

The provisions in force concerning customs duties shall apply. 

Article 2 

1. 

Requests for exemption from the duty extended by Article 1 shall be made in writing 
in  one  of  the  official  languages  of  the  European  Union  and  must  be  signed  by  a 
person  authorised  to  represent  the  applicant.  The  request  must  be  sent  to  the 
following address: 

European Commission 
Directorate-General for Trade 
Directorate H 
Office: N105 04/090 
B-1040 Brussels 
Fax (32-2) 295 65 05 

2. 

In  accordance  with  Article  13(4)  of  Regulation  (EC)  No  384/96,  the  Commission, 
after consulting the Advisory Committee, may authorize by decision, the exemption 
of  imports  which  do  not  circumvent  the  anti-dumping  measures  imposed  by 
Regulation (EC) No 1174/2005 from the duty extended by Article 1. 

Customs authorities are hereby directed to discontinue the registration of imports, established 
in accordance with Article 2 of Regulation (EC) No 923/2008. 

Article 3 

Article 4 

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 

For the Council 
The President 

5 

OJ L 252, 20.9.2008, p. 3. 

EN 

11 

   EN