Regulation 2009/188 - Termination of the partial interim review of the anti-dumping measures applicable to imports of hand pallet trucks and their essential parts from China - Main contents
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official title
Council Regulation (EC) No 188/2009 of 9 March 2009 terminating the partial interim review of the anti-dumping measures applicable to imports of hand pallet trucks and their essential parts originating in the People’s Republic of China| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2009/188 |
| Original proposal | COM(2007)137  |
| CELEX number i | 32009R0188 |
| Document | 09-03-2009 |
|---|---|
| Publication in Official Journal | 12-03-2009; Special edition in Croatian: Chapter 11 Volume 082,OJ L 67, 12.3.2009 |
| Effect | 13-03-2009; Entry into force Date pub. + 1 See Art 2 |
| End of validity | 31-12-9999 |
12.3.2009 |
EN |
Official Journal of the European Union |
L 67/1 |
COUNCIL REGULATION (EC) No 188/2009
of 9 March 2009
terminating the partial interim review of the anti-dumping measures applicable to imports of hand pallet trucks and their essential parts originating in the People’s Republic of China
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) (the basic Regulation), and in particular Article 11(3) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
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A.PROCEDURE
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1.Measures in force
(1) |
Following an investigation (the original investigation), the Council, by Regulation (EC) No 1174/2005 (2) imposed a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts (HPT) originating in the People’s Republic of China (PRC). The original investigation used as investigation period the period from 1 April 2003 to 31 March 2004. |
(2) |
By Regulation (EC) No 684/2008 (3) the Council clarified the product scope of the original investigation. |
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2.Request for a review
(3) |
This partial interim review was initiated on the basis of a request lodged, and information provided, by Yale (Hangzhou) Industrial Products Co. Ltd (Yale), an exporter from the PRC. The information indicated that the circumstances on the basis of which measures were established with respect to Yale have changed and that these changes are of a lasting nature. In particular Yale provided prima facie evidence showing that it meets the criteria for market economy treatment and that a comparison of normal value based on its own costs and export prices to the Community would lead to a dumping margin significantly lower than the current level of the measures. Therefore the continued imposition of measures at the existing level, which were based on the level of dumping previously established, appeared to be no longer necessary to offset dumping. |
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3.Review investigation
(4) |
Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed to justify the initiation of a partial interim review, the Commission announced by a notice published in the Official Journal of the European Union (4) the initiation of a partial interim review in accordance with Article 11(3) of the basic Regulation, limited to the examination of dumping as far as Yale is concerned. |
(5) |
The investigation period of dumping covered the period from 1 October 2006 to 30 September 2007 (review investigation period or RIP). |
(6) |
The Commission officially advised Yale, as well as the representatives of the PRC (country concerned), and the Community industry, as defined in the original investigation, of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and request a hearing within the time limit set in the notice of initiation. All interested parties who so requested and showed that there were particular reasons why they should be heard, were granted a hearing. |
(7) |
The Commission sent questionnaires to Yale, to the Community industry producers known to be concerned, to known producers of HPT in Canada which was chosen as analogue country in the original investigation and to known producers of HPT in India and Malaysia, which were mentioned during the original investigation as possible alternative analogue countries. The Commission also sent a claim form for market economy treatment (MET) to Yale. |
(8) |
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