Explanatory Memorandum to COM(2010)16 - Definitive anti-dumping duty on imports of certain ring binder mechanisms from China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96 - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2010)16 - Definitive anti-dumping duty on imports of certain ring binder mechanisms from China following an expiry review pursuant to ... |
|---|---|
| source | COM(2010)16  |
| date | 29-01-2010 |
Grounds for and objectives of the proposal This proposal concerns the application of Council Regulation (EC) 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (codified version), repealing Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community, ('the basic Regulation') in the expiry review proceeding concerning imports of certain ring binders mechanisms originating in the People's Republic of China (‘PRC’).
General context This proposal is made in the context of the implementation of the basic Regulation and is the result of an investigation which was carried out in line with the substantive and procedural requirements laid out in the basic Regulation.
Existing provisions in the area of the proposal Council Regulation (EC) No 2074/2004 of 29 November 2004 (OJ L 359, 4.12.2004).
Consistency with other policies and objectives of the Union Not applicable.
2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
Consultation of interested parties
Interested parties concerned by the proceeding have already had the possibility to defend their interests during the investigation, in line with the provisions of the basic Regulation.
Collection and use of expertise
There was no need for external expertise.
Impact assessment This proposal is the result of the implementation of the basic Regulation. The basic Regulation does not foresee a general impact assessment but the requirement that the measures should not be contrary to the “Union interest” means that the assessment of the wider impact of the measures forms an integral part of the investigation.
3)
Summary of the proposed action On 5 December 2008, the Commission announced by a notice (‘notice of initiation’), published in the Official Journal Of the European Union, the initiation of an expiry review of the anti-dumping measures in force on imports of certain ring binder mechanisms originating in the PRC. The expiry review was initiated following a request lodged on 4 September 2008 by one Union producer representing a major proportion of the total Union production of ring binder mechanisms. The measure currently in force is a definitive anti-dumping duty imposed by Council Regulation (EC) No 2074/2004 on the imports into the Community of certain ring binder mechanisms originating in the PRC. The enclosed Commission proposal for a Council Regulation contains the expiry review conclusions regarding dumping, injury and Union interest. Member States were consulted during the Anti-Dumping Committee of 13 January 2010. It is proposed that the Council adopt the attached proposal for a Regulation which should be published in the Official Journal of the European Union by 4 March 2010 at the latest.
Legal basis Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community.
Subsidiarity principle The proposal falls under the exclusive competence of the European Union. The subsidiarity principle therefore does not apply.
Proportionality principle The proposal complies with the proportionality principle for the following reason(s).
The form of action is described in the above-mentioned basic Regulation and leaves no scope for national decision.
Indication of how financial and administrative burden falling upon the European Union, national governments, regional and local authorities, economic operators and citizens is minimized and proportionate to the objective of the proposal is not applicable, but the basic Regulation limits the level of the duties that may be imposed to that necessary to redress the injury caused by the dumping found.
Choice of instruments
Proposed instruments: Regulation.
Other means would not be adequate for the following reason(s). The above-mentioned basic Regulation does not foresee alternative options.
4)
The proposal has no implication for the budget of the European Union.