Council Regulation (EC) No 2605/2000 of 27 November 2000 imposing definitive anti-dumping duties on imports of certain electronic weighing scales (REWS) originating in the People's Republic of China, the Republic of Korea and Taiwan

• Coming into Force: 01 December 2000
• End of Effective Date: 01 December 2005
• Celex Number: 32000R2605
• ELI: http://data.europa.eu/eli/reg/2000/2605/oj
• Published date: 30 November 2000
• Date: 27 November 2000
• Official Gazette Publication: Official Journal of the European Communities, L 301, 30 November 2000

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Council Regulation (EC) No 2605/2000 of 27 November 2000 imposing definitive anti-dumping duties on imports of certain electronic weighing scales (REWS) originating in the People's Republic of China, the Republic of Korea and Taiwan

Official Journal L 301 , 30/11/2000 P. 0042 - 0060

Council Regulation (EC) No 2605/2000

of 27 November 2000

imposing definitive anti-dumping duties on imports of certain electronic weighing scales (REWS) originating in the People's Republic of China, the Republic of Korea and Taiwan

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 Community(1), and in particular Article 9 thereof,

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

Whereas:

A. PROCEDURE

1. Initiation

(1) On 16 September 1999, the Commission announced by a notice ("Notice of initiation") published in the Official Journal of the European Communities(2), the initiation of an anti-dumping proceeding with regard to imports into the Community of certain electronic weighing scales ("REWS") originating in the People's Republic of China ("PRC"), the Republic of Korea ("Korea") and Taiwan.

(2) The proceeding was initiated as a result of a complaint lodged on 30 July 1999 on behalf of the Community producers representing a major proportion of the Community REWS industry, as defined in Article 5(4) of Regulation (EC) No 384/96 ("basic Regulation"). The complaint contained evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding.

2. Investigation

(3) The Commission officially advised the complainant Community producers, the exporting producers, the importers, the users (as well as representative associations) known to be concerned and the representatives of the exporting countries concerned of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limits set out in the Notice of initiation.

(4) The Commission sent questionnaires to parties known to be concerned and to other parties that made themselves known within the deadlines set out in the Notice of initiation. Replies were received from two Community producers, eight exporting producers in the countries concerned, as well as certain known related importers in the Community and the cooperating producer in the analogue country. Replies were also received from two users of the product concerned in the Community.

(5) The Commission sought and verified all the information it deemed necessary for the purpose of a determination of dumping, injury and Community interest. Verification visits were carried out at the premises of the following companies:

(a) Community producers

Avery Berkel Ltd, Birmingham, United Kingdom

Bizerba GmbH., Balingen, Germany

Bizerba Belgium SA, Brussels, (a subsidiary of Bizerba GmbH)

(b) Exporting producers

KOREA

A & D Korea Co. Ltd, Seoul

CAS Corporation, Seoul

Descom Scales Mfg. Co. Ltd, Kyungki-Do

TAIWAN

Snowrex International Co. Ltd, Taipei

UWE-Universal Weight Enterprise Co. Ltd, Taipei

PEOPLE'S REPUBLIC OF CHINA

Mettler-Toledo Changzhou Scale Ltd, Changzhou

Shanghai Teraoka Electronic Co. Ltd, Shanghai

Shanghai Yamato Scale Co. Ltd, Shanghai

(c) Analogue country

INDONESIA

PT TEC Indonesia Co. Ltd, Batam

(d) Related importers

Ishida Europe AB, Gustavsberg, Sweden

Mettler-Toledo GmbH, Gießen, Germany

Mettler-Toledo (Albstadt) GmbH, Albstadt, Germany

Mettler-Toledo GmbH, Wien, Austria.

(6) The investigation of dumping and injury covered the period from 1 September 1998 to 31 August 1999 ("investigation period" or "IP"). The examination of trends relevant for the determination of injury covered the period from 1 January 1995 up to the end of the investigation period ("analysis period").

(7) All parties concerned were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of the existing measures. Representations were received from interested parties following these disclosures. The comments of these parties were considered and, where appropriate, the findings have been modified accordingly.

3. Previous proceedings involving the product concerned

(8) In October 1993, by Regulation (EEC) No 2887/93(3), the Council imposed definitive anti-dumping measures on imports on REWS originating in Singapore and Korea. The measures applicable to Singapore are subject to an ongoing review which was opened in October 1998(4) whereas the measures applicable to Korea lapsed in October 1998.

(9) In April 1993, by Regulation (EEC) No 993/93(5), the Council imposed definitive anti-dumping measures on imports of REWS originating in Japan. These measures are also subject to an ongoing review which was opened in April 1998(6).

B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT

1. Product under consideration

(10) The product under consideration is electronic weighing scales for use in the retail trade which incorporate a digital display of the weight, unit price and price to be paid (whether or not including a means of printing this data) falling within CN code ex84238150. REWS have different models or levels of performance and technology. In this respect, the industry defines three segments of REWS; low, mid and high. These vary from stand-alone REWS, without built-in printers, to more sophisticated models with pre-set key systems and the possibility of integration into computer-related control and management systems.

(11) Although the potential use of REWS can vary because of additional functionality in the mid and high range segments, there is no significant difference in the basic physical and technical characteristics of the various models of REWS. In addition, the investigation has shown that between the three segments there are no clear dividing lines, models in neighbouring segments often being interchangeable. They have, therefore, to be considered as one single product for the purposes of this investigation.

2. Like product

(12) The investigation has shown that the various REWS produced in the PRC, Korea, Taiwan and Indonesia (which served as an analogue country for the PRC) and sold on these markets are, despite differences in size, life span, voltage or design, identical to or closely resemble the REWS exported from the PRC, Korea and Taiwan to the Community and accordingly have to be considered as like products.

(13) Likewise, the REWS produced by the Community industry and sold on the Community market, are alike in all respects to the REWS produced and exported from the PRC, Korea and Taiwan to the Community.

(14) Therefore these products are alike within the meaning of Article 1(4) of the basic Regulation.

C. DUMPING

1. Market economy countries

General methodology

Normal value

(15) As far as the determination of normal value is concerned, it was first established, for each exporting producer, whether its total domestic sales of REWS were representative in comparison with its total export sales to the Community. In accordance with Article 2(2) of the basic Regulation, domestic sales were considered representative when the total domestic sales volume of each exporting producer was at least 5 % of its total export sales volume to the Community.

(16) Subsequently those types of REWS sold domestically by the companies, that were identical or directly comparable to the types sold for export to the Community, were identified.

(17) For each of the types sold by the exporting producers on their domestic markets and found to be directly comparable to types sold for export to the Community, it was established whether domestic sales were sufficiently representative for the purposes of Article 2(2) of the basic Regulation. Domestic sales of a particular type were considered sufficiently representative when the total domestic sales volume of REWS of that type during the investigation period represented 5 % or more of the total sales volume of REWS of the comparable type exported to the Community.

(18) An examination was also made as to whether the domestic sales of each type could be regarded as having been made in the ordinary course of trade, by establishing the proportion of profitable sales to independent customers of the type in question. In cases where the sales volume of REWS sold at a net sales price equal to or above the calculated cost of production represented 80 % or more of the total sales volume, normal value was based on the actual domestic price, calculated as a weighted average of the prices of all domestic sales made during the investigation period, irrespective of whether these sales were profitable or not. In cases where the volume of profitable sales of REWS represented less than 80 % but 10 % or more of the total domestic sales volume, normal value was based on the actual domestic price, calculated as a weighted average of profitable sales only. In cases where the volume of profitable sales of any type of REWS represented less than 10 % of the total sales volume, it was considered that this particular type was sold in insufficient quantities for the domestic price to provide an appropriate basis for the establishment of the normal value.

(19) Wherever domestic prices of a particular type sold by an exporting producer could not be used, normal value was constructed. Consequently, in accordance with Article 2(3) of the basic Regulation, normal value was constructed by adding to the manufacturing costs of the exported types, adjusted where necessary, a reasonable percentage for selling, general and administrative expenses ("SG & A") and a reasonable...