L_2010024EN.01000101.xml
| 28.1.2010 | EN | Official Journal of the European Union | L 24/1 |
COUNCIL IMPLEMENTING REGULATION (EU) No 77/2010
of 19 January 2010
amending Regulation (EC) No 452/2007 imposing a definitive anti-dumping duty on imports of ironing boards originating, inter alia, in the People’s Republic of China
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), repealing Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (2) (‘the basic Regulation’), and in particular Article 11(4) of Regulation (EC) No 1225/2009,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. MEASURES IN FORCE
| (1) | The measures currently in force on imports of ironing boards originating, inter alia, in the People’s Republic of China (PRC) are definitive anti-dumping duties imposed by Council Regulation (EC) No 452/2007 (3). Pursuant to the same Regulation, anti-dumping duties were also imposed on imports of ironing boards originating in Ukraine. |
B. CURRENT INVESTIGATION
1. Request for a review
| (2) | This ‘new exporter’ review was initiated on the basis of a request lodged, and information provided, by Greenwood Houseware (Zhuhai) Ltd (‘the applicant’ or ‘Greenwood Houseware’), an exporter from the PRC. The applicant claimed that it was not related to any of the exporting producers in the PRC subject to the anti-dumping measures in force with regards to ironing boards. Furthermore, it claimed that it had not exported ironing boards to the Community during the original investigation period (‘the original IP’, i.e. the period from 1 January 2005 to 31 December 2005), but had started to export ironing boards to the Union thereafter. |
2. Initiation of a ‘new exporter’ review
| (3) | The Commission examined the evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with Article 11(4) of the basic Regulation. After consulting the Advisory Committee and after the Union industry had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 356/2009 (4), a review of Regulation (EC) No 452/2007 with regard to the applicant and commenced its investigation. |
| (4) | Pursuant to the Commission regulation initiating the review, the anti-dumping duty of 38,1 % imposed by Regulation (EC) No 452/2007 on imports of ironing boards produced by the applicant was repealed. Simultaneously, pursuant to Article 14(5) of the basic Regulation, customs authorities were directed to take the appropriate steps to register such imports. |
3. Product concerned
| (5) | The product concerned by the current review is the same as that in the investigation that led to the imposition of the measures in force on imports of ironing boards originating, inter alia, in the PRC, i.e. ironing boards, whether or not free-standing, with or without a steam soaking and/or heating top, including sleeve boards, and essential parts thereof, i.e. the legs, the top and the iron rest, currently falling within CN codes ex 3924 90 00, 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 and originating in the PRC. |
4. Parties concerned
| (6) | The Commission officially advised the applicant, the Union industry via its representatives and the representatives of the exporting country of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to be heard. |
| (7) | The Commission also sent a market economy treatment/individual treatment (MET/IT) claim form and a questionnaire to the applicant and received replies within the deadlines set for that purpose. |
| (8) | The Commission sought and verified all the information it deemed necessary for the purpose of MET/IT and for the determination of dumping. Verification visits were carried out as follows:
| (a) | Exporting producer in the PRC Greenwood Houseware (Zhuhai) Ltd, People’s Republic of China |
| (b) | Related to the exporting producer companies Brabantia S&S, Hong Kong Brabantia S&L Belgium NV, Overpelt, Belgium Brabantia Belgium NV, Overpelt, Belgium Brabantia International BV, Valkenswaard, Netherlands Brabantia Branding BV, Valkenswaard, Netherlands Brabantia Export, Valkenswaard, Netherlands Brabantia S&L (UK) Ltd, Bristol United Kingdom Brabantia UK Limited, Bristol, United Kingdom | |
| (9) | In the light of the need to establish a normal value for the exporting producer in the PRC in case MET might not be granted, a verification to establish normal value on the basis of data from an Union industry producer took place at the premises of the following company: Vale Mill Ltd, Rochdale, United Kingdom |
5. Investigation period
| (10) | The investigation of dumping covered the period from 1 October 2007 to 31 March 2009 (‘the investigation period’ or ‘IP’). The 18 month long investigation period was selected in order to use the data also in a parallel refund investigation relevant to the applicant. |
C. RESULTS OF THE INVESTIGATION
1. ‘New exporter’ qualification
| (11) | The investigation confirmed that the applicant had not exported the product concerned during the original IP and that it had begun exporting to the Union after this period. During the original IP the applicant’s related trading company exported ironing boards purchased from one other Chinese producer. However this was only trading activity not in breach of Article 11(4) of the basic Regulation. |
| (12) | Furthermore, the applicant was able to demonstrate that it was not related to any of the exporters or producers in the PRC which are subject to the anti-dumping measures in force on imports of ironing boards originating in the PRC. |
| (13) | Therefore, it is confirmed that the applicant should be considered a ‘new exporter’ in accordance with Article 11(4) of the basic Regulation. |
2. Market economy treatment
| (14) | Pursuant to Article 2(7)(b) of the basic Regulation, in anti-dumping investigations concerning imports originating in the PRC, normal value shall be determined in accordance with Article 2(1) to (6) of the basic Regulation for those exporting producers which have shown that they meet the criteria laid down in Article 2(7)(c) of the basic Regulation, i.e. where it is demonstrated by such exporting producers that market economy conditions prevail in respect of the manufacture and sale of the like product. Briefly, and for ease of reference only, these criteria are set out in a summarised form below:
| 1. | business decisions and costs are made in response to market conditions, without significant State interference, and costs reflect market values; |
| 2. | firms have one clear set of accounting records which are independently audited, in line with International Accounting Standards (IAS) and applied for all purposes; |
| 3. | there are no significant distortions carried over from the former non-market economy system; |
| 4. | legal certainty and stability is provided by bankruptcy and property laws; |
| 5. | currency exchanges are carried out at the market rate. | |
| (15) | The applicant requested MET pursuant to Article 2(7)(b) of the basic Regulation and was invited to complete a MET claim form. It replied to the MET claim form within the given deadline. |
| (16) | The Commission sought all information deemed necessary and verified all information submitted in the MET application at the premises of the company in question. |
| (17) | It was considered that MET should not be granted to the applicant on the basis that it did not meet the second and the third criteria as laid down in Article 2(7)(c) of the basic Regulation. |
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