Commercial Information Circulars

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Ref : EIC 230/2/3/2/13

8 September 2006

Dear Sirs,

Commercial Information Circular No. 357/2006

European Union (EU)* : Initiation of a Partial Interim Review of the Anti-dumping Measures on Imports of Integrated Electronic Compact Fluorescent Lamps Originating in the Mainland of China

Further to Commercial Information Circular No. 353/2006 of 7 September 2006, the European Commission (the Commission) has published a notice to initiate a partial interim review of the anti-dumping measures imposed on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the Mainland of China. A copy of the notice is at Annex (pdf format) for reference.

DETAILS

Grounds for the Review

2. The review is initiated at the request of the Community Federation of Lighting Industry of Compact Fluorescent Lamps Integrated (2 CFLI) (the applicant), and is limited in scope to the examination of dumping concerning one exporting producer, Lisheng Electronic & Lighting (Xiamen) Co., Ltd. (the company).
3. The applicant has provided sufficient prima facie evidence that the circumstances with regard to dumping on the basis of which anti-dumping measures were established for the company have changed and that these changes are of a lasting nature. The allegation of increased dumping for the company is based on a comparison of a constructed normal value with the export prices of the product concerned when sold for export to the Community. On this basis, the dumping margin calculated would be significantly higher than the dumping found in the previous investigation that led to the existing duty rate. Therefore, the continued imposition of measures at the existing level is no longer sufficient to offset dumping.

Review Procedures

4. Salient points of the partial interim review are set out below-

(a) Date of Publication of the Notice of Initiation	:	8 September 2006
(b) Product Coverage	:	Electronic compact fluorescent discharge lamps functioning on alternating current (including electronic compact fluorescent discharge lamps functioning on both alternating and direct current), with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot, or integrated in the lamp foot originating in the Mainland of China, currently classifiable within CN code ex 8539 31 90 (this CN code is given for information only)
(c) Procedures	:	In order to obtain information for the investigation, the Commission will send questionnaires as well as market economy status claim forms to the company and the authorities of the Mainland of China. All interested parties may make their views known in writing and provide supporting evidence to the Commission, and also apply to be heard by the Commission within 40 days from 8 September 2006, unless otherwise specified. The company's duly substantiated claims for market economy status must reach the Commission within 21 days from 8 September 2006. It is envisaged to choose Mexico as a market economy country for the purpose of establishing normal value in respect of the Mainland of China. Interest parties are invited to comment on the appropriateness of this choice within 10 days from 8 September 2006. All correspondence must be made in writing (not in electronic format, unless otherwise specified) indicating the name, address, e-mail address, telephone and fax numbers of the interested party and should be sent to the following address : European Commission Directorate General for Trade Directorate B Office: J-79 5/16 B-1049 Brussels Fax : (32-2) 295 65 05

Background

5. Definitive anti-dumping duty on imports of CFL-i originating in the Mainland of China has been imposed since 20 July 2001. The rate of duty is 66.1% of the net, free-at-Community-frontier price before duty (except for eight companies with individual duty rates ranging from 0% to 59.5%). Following a circumvention investigation, the Council of the EU has decided that with effect from 10 June 2005, the definitive anti-dumping duty imposed on imports of CFL-i originating in the Mainland of China has extended to imports of the same products consigned from Vietnam, Pakistan and/or the Philippines, whether declared as originating in Vietnam, Pakistan or the Philippines or not. Following a partial interim review, the Council of the EU has decided that with effect from 8 September 2006, CFL-i functioning on direct current should not be subject to the anti-dumping measures imposed on CFL-i. The definitive anti-dumping duty will continue to be imposed on imports of CFL-i functioning on alternating current (including CFL-i functioning on both alternating and direct current).

ENQUIRIES

6. For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5350.

Yours faithfully,

(Bill WONG)
for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, the Slovak Republic, Slovenia, Spain, Sweden and the United Kingdom.