Commission Regulation (EC) No 1582/2004 of 8 September 2004 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1470/2001 on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China by imports of integrated electronic compact fluorescent lamps (CFL-i) consigned from Vietnam, Pakistan or the Philippines, whether declared as originating in Vietnam, Pakistan or the Philippines or not, and making such imports subject to registration

10.9.2004 EN Official Journal of the European Union L 289/54
COMMISSION REGULATION (EC) No 1582/2004
of 8 September 2004
initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1470/2001 on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China by imports of integrated electronic compact fluorescent lamps (CFL-i) consigned from Vietnam, Pakistan or the Philippines, whether declared as originating in Vietnam, Pakistan or the Philippines or not, and making such imports subject to registration
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
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 Community (1) (the basic Regulation), and in particular Article 13(3) and Article 14(3) and (5) thereof,
After having consulted the Advisory Committee,
Whereas:
A.   REQUEST


B.   PRODUCT


C.   EXISTING MEASURES

D.   GROUNDS

The evidence submitted is as follows:
The request shows a significant change in the pattern of trade, as imports of the products under investigation have increased substantially, whereas imports of the product concerned originating in the People’s Republic of China have decreased following the imposition of measures, and that there is insufficient due cause or justification other than the imposition of the duty for such a change.
This change in the pattern of trade appears to stem from the transhipment of CFL-i originating in the People’s Republic of China via Vietnam, Pakistan or the Philippines and/or assembly in Vietnam, Pakistan or the Philippines of CFL-i.
Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti-dumping measures on imports of the product concerned originating in the People’s Republic of China are being undermined in terms of quantity and prices. Significant volumes of imports of CFL-i from Vietnam, Pakistan and the Philippines appear to have replaced imports of the product concerned originating in the People’s Republic of China.
Finally, the request contains sufficient prima facie evidence that the prices of the product under investigation are dumped in relation to the normal value previously established for CFL-i originating in the People’s Republic of China.

E.   PROCEDURE

(a)   Questionnaires



(b)   Collection of information and holding of hearings

(c)   Exemption of registration of imports or measures

F.   REGISTRATION

G   TIME LIMITS
In the interest of sound administration, time limits should be stated within which:
— interested parties may make themselves known to the Commission, present their views in writing and submit questionnaire replies or any other information to be taken into account during the investigation,
— producers in Vietnam, Pakistan and the Philippines may request exemption from registration of imports or measures,
— interested parties may make a written request to be heard by the Commission.

H.   NON-COOPERATION