Implementing regulation 2010/157 - Implementing Regulation of the Council (EU) No 157/2010 of 22 February 2010 imposing a 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
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official title
Implementing Regulation of the Council (EU) No 157/2010 of 22 February 2010 imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96| Legal instrument | Implementing regulation |
|---|---|
| Number legal act | Implementing regulation 2010/157 |
| Original proposal | COM(2010)48  |
| CELEX number i | 32010R0157 |
| Document | 22-02-2010 |
|---|---|
| Publication in Official Journal | 26-02-2010; Special edition in Croatian: Chapter 11 Volume 056,OJ L 49, 26.2.2010 |
| Effect | 27-02-2010; Entry into force Date pub. + 1 See Art 2 |
| End of validity | 31-12-9999 |
26.2.2010 |
EN |
Official Journal of the European Union |
L 49/1 |
IMPLEMENTING REGULATION OF THE COUNCIL (EU) No 157/2010
of 22 February 2010
imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96
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(2) of Regulation (EC) No 1225/2009,
Having regard to the proposal submitted by the European Commission (‘the Commission’) after having consulted the Advisory Committee,
Whereas:
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A.PROCEDURE
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1.Measures in force
(1) |
By Regulation (EC) No 119/97 (3), the Council imposed definitive anti-dumping duties ranging from 32,5 % to 39,4 % on imports of certain ring binder mechanisms (‘RBMs’) originating in the People’s Republic of China (PRC). These rates of duty were applicable to RBMs other than those with 17 or 23 rings, while RBMs with 17 and 23 rings were subject to a duty equal to the difference between the minimum import price (MIP of EUR 325 per 1 000 pieces and the free-at-Union-frontier not cleared through customs price whenever the latter was lower than the MIP). |
(2) |
By Regulation (EC) No 2100/2000 (4), the Council amended and increased the above mentioned duties for certain RBMs other than those with 17 or 23 rings, following a review investigation pursuant to Article 12 of the basic Regulation. The amended duties ranged from 51,2 % to 78,8 %. |
(3) |
Following a request by two Union producers an expiry review pursuant to Article 11(2) of the basic Regulation was initiated in January 2002 (5) and, by Regulation (EC) No 2074/2004 (6), the Council extended the existing anti-dumping measures for four years. |
(4) |
Following an anti-circumvention investigation pursuant to Article 13 of the basic Regulation, by Regulation (EC) No 1208/2004 (7), the Council extended the definitive anti-dumping measures to imports of certain RBMs consigned from Vietnam, whether declared as originating in Vietnam or not. |
(5) |
Following an anti-circumvention investigation pursuant to Article 13 of the basic Regulation, by Regulation (EC) No 33/2006 (8), the Council extended the definitive anti-dumping measures to imports of certain RBMs consigned from Lao People’s Democratic Republic, whether declared as originating in Lao People’s Democratic Republic or not. |
(6) |
Finally, in August 2008, by Regulation (EC) No 818/2008 (9), the Council extended the scope of the measures to certain slightly modified RBMs since it was established that measures were circumvented. |
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2.Request for a review
(7) |
Following the publication of a notice of impending expiry of the anti-dumping measures in force on imports of certain RBMs originating in the PRC (10), the Commission received, on 4 September 2008, a request to review these measures pursuant to Article 11(2) of the basic Regulation. |
(8) |
The request was lodged by the Union producer Ring Alliance Ringbuchtechnik GmbH (‘the applicant’) representing a major proportion, in this case more than 50 %, of the total Union production of ring binder mechanisms. The request was based on the grounds that the expiry of measures would be likely to result in a continuation or recurrence of dumping and injury to the Union... |
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