Commercial Information Circulars

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

18 September 2006

Dear Sirs,

Commercial Information Circular No. 371/2006

European Union (EU)* : Initiation of an Expiry Review of the Anti-dumping Measures on Imports of Gas-fuelled, Non-refillable and Certain Refillable Pocket Flint Lighters Originating in the Mainland of China

Further to Commercial Information Circular No. 530/2005 of 16 December 2005, the European Commission (the Commission) has published a notice to initiate an expiry review of the anti-dumping measures imposed on imports of gas-fuelled, non-refillable and certain refillable pocket flint lighters originating in the mainland of China. A copy of the notice is at Annex (pdf format) for reference.

DETAILS

Grounds for the Review

2. On the basis of a request lodged by the Community producer BIC S.A. representing more than 50% of the total Community production of gas-fuelled, non-refillable pocket flint lighters, the Commission initiated the expiry review on 16 September 2006. The request is based on the grounds that the expiry of measures would lead to a likelihood of continuation or recurrence of injurious dumping.

Review Procedures

3. Salient points of the expiry review are set out below-

(a) Date of Publication of the Notice	:	16 September 2006
(b) Product Coverage	:	Gas-fuelled, non-refillable pocket flint lighters and gas-fuelled, refillable pocket flint lighters incorporating a plastic tank body, currently classifiable within CN code ex 9613 10 00 and ex 9613 20 90 (the CN codes are given for information only).
(c) Procedures	:	In view of the apparent large number of parties involved in the proceeding, the Commission may apply sampling. To enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporting producers, or representatives acting on their behalf should make themselves known to the Commission and provide information requested in paragraph 5.1 (a) (i) of the notice in question, including contact details, turnover, activities of their company/related companies, production, and indication of agreement for being included in the sample which implies replying to a questionnaire and accepting an on-the-spot investigation. Such information should reach the Commission within 15 days from 16 September 2006. In order to obtain necessary information for the investigation, the Commission will send questionnaires to the Community industry, any association of producers in the Community, sampled exporters/producers in the mainland of China, any association of exporters/producers, importers, any association of importers named in the request or which co-operated in the investigation leading to the measures subject to the present review, any known user or user association, and the authorities of the mainland of China. If sampling is applied, sampled parties must reply to the questionnaires within 37 days from the date of the notification of their inclusion in the sample. Interested parties who did not co-operate in the investigation leading to the measures subject to the present review should request a questionnaire within 15 days from 16 September 2006. All interested parties, if their representations are to be taken into account, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days from 16 September 2006, unless otherwise specified. They may also apply to be heard by the Commission within 40 days from 16 September 2006. It is envisaged to choose Brazil as a market economy country for the purpose of establishing normal value in respect of the mainland of China. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 16 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
(d) Investigation Schedule	:	Investigation will be concluded within 15 months from 16 September 2006.

BACKGROUND

4. Definitive anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in the mainland of China has been imposed since 29 November 1991 at a rate of 16.9%. Subsequently, the Council of the EU revised the definitive anti-dumping duty rate to EUR 0.065 per lighter on 5 May 1995 consequent to a review. Following an anti-circumvention investigation, such anti-dumping duty has since 30 January 1999 been extended to (a) gas-fuelled, non-refillable pocket flint lighters consigned from or originating in Chinese Taipei; and (b) certain gas-fuelled, refillable pocket flint lighters originating in the mainland of China or consigned from or originating in Chinese Taipei (value per piece less than EUR 0.15). Subsequent to an expiry review, the definitive anti-dumping duty imposed on the products concerned has been extended for another five years starting from 19 September 2001. 

ENQUIRIES

5. 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.