Notice of initiation of an anti-dumping proceeding concerning imports of ironing boards originating in the People’s Republic of China, limited to one Chinese exporting producer, Since Hardware (Guangzhou) Co. Ltd, and of initiation of a review of the anti-dumping measures on imports of ironing boards originating in the People’s Republic of China
Date: 2009-10-02
Institutions: European Commission
Subjects: China, anti-dumping legislation, anti-dumping measure, household article, import, originating product








C_2009237EN.01000501.xml










2.10.2009   


EN


Official Journal of the European Union


C 237/5





Notice of initiation of an anti-dumping proceeding concerning imports of ironing boards originating in the People’s Republic of China, limited to one Chinese exporting producer, Since Hardware (Guangzhou) Co. Ltd, and of initiation of a review of the anti-dumping measures on imports of ironing boards originating in the People’s Republic of China
2009/C 237/05
The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 (1) on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’), alleging that imports of ironing boards, originating in the People’s Republic of China (‘the country concerned’) and produced by Since Hardware (Guangzhou) Co. Ltd (‘Since Hardware’), are being dumped and are thereby contributing to the material injury of the Community industry.
1.   Complaint

The complaint was lodged on 20 August 2009 by three Community producers (‘the complainants’) representing a major proportion, in this case more than 50 %, of the total Community production of ironing boards.
2.   Product

The product allegedly being dumped 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, currently falling within CN codes ex 3924 90 90, ex 4421 90 98, ex 7323 93 90, ex 7323 99 91, ex 7323 99 99, ex 8516 79 70 and ex 8516 90 00. These CN codes are given only for information.
3.   Allegation of dumping

In view of the provisions of Article 2(7) of the basic Regulation, the complainant established normal value for Since Hardware on the basis of the price in a market economy country, which is mentioned in point 5.1(d). The allegation of dumping is based on a comparison of normal value, thus calculated, with the export prices of the product concerned when sold for export to the Community.
On this basis, the dumping margin calculated is significant.
4.   Allegation of injury

The allegation of injury is based on the fact that in the anti-dumping investigation concerning imports of ironing boards originating in the People’s Republic of China and Ukraine, following which measures were imposed by Council Regulation (EC) No 452/2007 (2), the Commission established that dumped imports of ironing boards originating in those countries had caused material injury to the Community industry. These findings were based on an assessment of the effects of all imports from the People’s Republic of China and Ukraine, excluding imports of ironing boards produced by Since Hardware.
The complainants allege that if Since Hardware’s imports were included in the injury analysis, the volume and market share of dumped imports would show a more pronounced injury picture while other injury factors concerning the performance of the Community industry would remain unaffected. Furthermore, the complainants provided prima facie evidence showing that current prices of Since Hardware undercut the Community industry’s prices.
5.   Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.
5.1.   
Procedure for the determination of dumping and injury


The investigation will determine whether the product concerned originating in the People's Republic of China and produced by Since Hardware is being dumped and whether this dumping has contributed to injury.
(a)   Sampling

In view of the apparent large number of Community producers involved in this proceeding, the Commission may decide to apply sampling in accordance with Article 17 of the basic Regulation.
(i)   Sampling for Community producers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all Community producers are hereby requested 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:






—


name, address, e-mail address, telephone and fax numbers and contact person,










—


the total turnover in euro of the company during the period 1 July 2008 to 30 June 2009,










—


the precise activities of the company worldwide with regard to the product concerned,










—


the value in euro of sales of the product concerned made on the Community market during the period 1 July 2008 to 30 June 2009,










—


the volume in units of sales of the product concerned made on the Community market during the period 1 July 2008 to 30 June 2009,










—


the volume in units of the production of the product concerned during the period 1 July 2008 to 30 June 2009,










—


the names and the precise activities of all related companies (3) involved in the production and/or selling of the product concerned,










—


any other relevant information that would assist the Commission in the selection of the sample.




By providing the above information, the company agrees to its possible inclusion in the sample. If the company is chosen to be part of the sample, this will imply replying to a questionnaire and accepting an on-the-spot investigation of its response. If 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 consequences of non-cooperation are set out in point 8 below.
(ii)   Final selection of the sample

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) and must cooperate within the framework of the investigation.
If sufficient co-operation is not forthcoming, 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.
(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community industry, to any known association of producers in the Community and to Since Hardware. In addition, the Commission may send questionnaires to importers and to any known association of importers.
(c)   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 to provide supporting evidence. This information and supporting evidence has to 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 accordance with Article 2(7)(a) of the basic Regulation, it is envisaged to choose the United States of America as an appropriate market economy country for the purpose of establishing normal value in respect of Since Hardware. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in point 6(c).
(e)   Market economy treatment and 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(d) of this notice. The Commission will send a claim form to the company. This claim form may also be used by the company to claim individual treatment, i.e. that it meets the criteria laid down in Article 9(5) of the basic Regulation.
5.2.   
Procedure for the assessment of Community interest


In accordance with Article 21 of the basic Regulation and in the event that the allegations of dumping and contribution to injury are substantiated, a decision will be reached as to whether the adoption of 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, representative users and representative consumer organisations. Such parties, including those not known to the Commission, 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 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 Article 21 of the basic Regulation will only be taken into account if supported by factual evidence at the time of submission.
6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire or other claim forms

All interested parties should request a questionnaire or other claim forms as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.
(ii)   For parties to make themselves known, to submit questionnaire replies and any other information

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.
Companies selected in a sample must submit questionnaire replies within the time limits specified in point 6(b)(iii).
(iii)   Hearings

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 publication 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 publication of this notice in the Official Journal of the European Union.
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

Parties to the investigation may wish to comment on the appropriateness of the United States of America 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.
(d)   Specific time limit for submission of claims for market economy treatment and/or individual treatment

The company’s duly substantiated claim for market economy treatment and/or for individual treatment pursuant to Article 9(5) of the basic Regulation, as mentioned in point 5(e) 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, unless otherwise specified.
7.   Written submissions, questionnaire replies and correspondence

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’ (4) 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




1049 Bruxelles/Brussel




BELGIQUE/BELGIË




Fax +32 22956505




8.   Non-cooperation

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, provisional or final 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 and use may be made of the 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.
9.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than 9 months from the publication of this notice in the Official Journal of the European Union.
10.   Review of existing measures

By Regulation (EC) No 452/2007 a definitive anti-dumping duty was imposed on imports of 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 and Ukraine, falling within CN codes ex 3924 90 90, ex 4421 90 98, ex 7323 93 90, ex 7323 99 91, ex 7323 99 99, ex 8516 79 70 and ex 8516 90 00 (TARIC codes 3924909010, 4421909810, 7323939010, 7323999110, 7323999910, 8516797010 and 8516900051). The duty rate for Since Hardware was 0 %.
In light of the report of the Appellate Body of the WTO in Mexico — Beef and Rice (5), the continued imposition of the measures imposed on Since Hardware by Regulation (EC) No 452/2007 is no longer appropriate and Regulation (EC) No 452/2007 should be amended accordingly. A review should thus be opened as regards Regulation (EC) No 452/2007 in order to allow any amendment necessary in the light of the Mexico — Beef and Rice Appellate Body report.
Therefore, the Commission hereby initiates, pursuant to Article 2(3) of Regulation (EC) No 1515/2001, a review of Regulation (EC) No 452/2007.
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 processing of personal data by the Community institutions and bodies and on the free movement of such data (6).
12.   Hearing Officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of 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 proceeding, in particular with regard to issues concerning access to 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 of the website of Trade DG (http://ec.europa.eu/trade).


(1)  OJ L 56, 6.3.1996, p. 1.

(2)  OJ L 109, 26.4.2007, p. 12.

(3)  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).

(4)  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).

(5)  Mexico — Definitive Anti-dumping Measures on Beef and Rice, Report of the Appellate Body, WT/DS295/AB/R, 29 November 2005.

(6)  OJ L 8, 12.1.2001, p. 1.