CELEX: 51997PC0406
Language: en
Date: 1997-07-23
Title: Proposal for a Council Regulation (EC) amending Regulation (EC) No 423/97 imposing definitive anti- dumping duties on imports of gas-fuelled, non-refillable pocket flint lighters originating in Thailand, the Philippines and Mexico

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                Brussels, 23.07.1997
                                                COM(97) 406 final
                                 Proposal for a
                       COUNCIL REGULATION (EC)
              amending Regulation (EC) N° 423/97 imposing
 definitive anti-dumping duties on imports of gas-fuelled, non-refillable
pocket flint lighters originating in Thailand, the Philippines and Mexico
                        (presented by the Commission)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
(1)   By Regulation (EC) No 423/971 the Council imposed, further to a proposal
      presented by the Commission, a definitive anti-dumping duty on imports of gas-
      fuelled, non-refillable pocket flint lighters falling within CN Code ex 9613 10 00
      originating inter alia in the Philippines.
(2)   Since it has been established that a clerical error had slipped in the proposal
      presented by the Commission, resulting in the attribution to the Filipino
      producer/exporter Swedish Match Philippines, Inc. of an average underselling
      margin, and thus a definitive anti-dumping duty rate, of 17% instead of 13%, the
      Commission hereby proposes to the Council to correct the error concerned.
(3)   Given that the correct duty rate is lower than the one wrongly attributed to the
      company concerned, it is also proposed that this correction should be retroactive
      and thus take effect as from the date of entry into force of Regulation (EC)
      No 423/97.
1
    OJ No L 65, 06.03.1997, p. 1.                     .
 ---pagebreak---                                   Council Regulation (EC) No
                                         of...
                      amending Regulation (EC) N° 423/97 imposing
         definitive anti-dumping duties on imports of gas-fuelled, non-refillable
        pocket flint lighters originating in Thailand, the Philippines and Mexico
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, as amended by Regulation (EC) No 2331/962, and in particular Article 9(4)
thereof,
Having regard to the proposal submitted by the Commission, after consulting the
Advisory Committee,
Whereas Regulation (EC) No 423/973 imposes a definitive anti-dumping duty on imports
of gas-fuelled, non-refillable pocket flint lighters falling within CN Code ex 9613 10 00
originating, inter alia, in the Philippines;
Whereas it has been found that an error appeared in the proposal adopted by the Council,
resulting in the attribution to a Filipino producer/exporter, Swedish Match Philippines,
Inc., of an average underselling margin, and thus a definitive anti-dumping duty rate, of
17% instead of 13%, 13% being the underselling margin established by the investgation
and the basis of the consultation of the Member States within the Advisory Committee;
1
    OJNoL 56, 06.03.1996, p. 1.
2
    OJNoL317, 6.12.1996, p. 1.
3
    OJ No L 65, 06.03.1997, p. 1.
                                                 2>
 ---pagebreak--- Whereas the references to the underselling margin of Swedish Match Philippines, Inc in
the last indent of recital 82 and the second indent of recital 89 of Regulation (EC)
No 423/97 should be read as references to 13%;
Whereas the anti-dumping duty imposed on the products exported by the company
concerned should therefore be reduced from 17% to 13%; whereas this amendment
should be retroactive and take effect from the date of entry into force of Regulation (EC)
No 423/97,
HAS ADOPTED THIS REGULATION:
                                           Article J
Article 2 (2) (b) of Regulation (EC) No 423/97 is hereby replaced by the following:
       "43.0% for imports originating in the Philippines (Taric additional code 8900) with
       the exception of imports which are produced and sold for export to the Community
       by Swedish Match Philippines, Inc., Manila where the rate shall be 13.0% (Taric
       additional code 8938); "
                                           Article 2
This Regulation shall enter into force on the day following its publication in the Official
Journal of the European Communities.
It shall apply with effect from 7 March 1997.
This regulation shall be binding in its entirety and directly applicable in all Member States.
Done at
                                                                For the Council
                                                                 The President
                                                4-
 ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(97) 406 final
                                              DOCUMENTS
EN                                                                02   11 12
                                    Catalogue number : CB-CO-97-406-EN-C
                                                             ISBN 92-78-23546-6
Office for Official Publications of the European Communities
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