Hand pallet trucks and their essential parts, i.e. chassis and hydraulics, currently falling within CN codes ex 8427 90 00 and ex 8431 20 00. Hand pallet trucks are defined as trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example (i) to move and to lift the loads in order to place them higher or assist in storage of loads (highlifters); (ii) to stack one pallet above the other (stackers); (iii) to lift the load to a working level (scissorlifts); or (iv) to lift and to weigh the loads (weighing trucks).

In view of the potentially large number of exporting producers 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 provide information requested in paragraph 4.1.1.(a) of the notice in question, including contact details, turnover, activities of their company/related companies, and indication of agreement for being included in the sample which implies replying to a questionnaire and accepting an on-the-spot investigation. Exporting producers should also indicate, in the event that they are not selected to be part of the sample, whether they would like to receive a questionnaire and other claim forms to claim an individual margin. Such information should reach the Commission within 15 days from 14 February 2012, unless otherwise specified.

All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within 21 days from 14 February 2012, unless otherwise specified.

If a sample is necessary, the exporting producers may be selected based on the largest representative volume of exports to the Union which can reasonably be investigated within the time available. All known exporting producers, the authorities of the Mainland of China and associations of exporting producers will be notified of the companies selected to be in the sample. All exporting producers selected to be in the sample must submit a completed questionnaire within 37 days from the date of notification of the sample selection, unless otherwise specified.

Companies that had agreed to their possible inclusion in the sample but were not selected shall be considered to be cooperating ("non-sampled cooperating exporting producers"). Non-sampled cooperating exporting producers wishing to claim an individual dumping margin must request a questionnaire and other claim forms, and must submit the completed questionnaire reply within 37 days from the date of notification of the sample selection, unless otherwise specified.

The Commission will also send market economy status claim forms to all exporting producers in the Mainland of China who have been included in the sample and to non-sampled cooperating exporting producers who wish to apply for an individual margin, to any known association of exporting producers, as well as to the authorities of the Mainland of China. Duly substantiated claims for market economy status and/or for individual treatment must reach the Commission within 21 days of the date of the notification of sample selection, unless otherwise specified.

The Commission encourages all exporting producers from the Mainland of China to make themselves known within 15 days of 14 February 2012, if they are interested in cooperating and obtaining an individual anti-dumping duty, even if they consider that they do not comply with the criteria for obtaining individual treatment.

Exporting producers claiming individual margin should however note that if sampling is applied, the Commission may decide not to calculate an individual margin for them if the number of exporting producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

All interested parties may make their views known, submit information and provide supporting evidence within 37 days from 14 February 2012, unless otherwise specified.

All interested parties may request to be heard by the Commission. Request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation, request must be submitted within 15 days from 14 February 2012. Thereafter, a request to be heard should be submitted within the specific deadlines set by the Commission in its communication with the parties.

For establishing the normal value of imports from the Mainland of China on the basis of the price or constructed value in a market economy third country, the Commission intends to contact producers in other market economy third countries such as Brazil for this purpose. Should cooperation not be forthcoming, the Commission envisages using the prices actually paid or payable in the Union again for this purpose. Interested parties are invited to comment on the appropriateness of this choice within 10 days from 14 February 2012.

Interested parties should make all submissions and requests in electronic format (the non-confidential submissions via e-mail, the confidential ones on CD-R/DVD), and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. However, any Powers of Attorney, signed certifications, and any updates thereof, accompanying market economy treatment and/or individual treatment claim forms or questionnaire replies shall be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately inform the Commission. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of Directorate-General for Trade : http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence

Commission address for correspondence: 
European Commission 
Directorate-General for Trade 
Directorate H 
Office: N105 04/092 
1049 Brussels 
Belgium 
Fax +32 22979618 
E-mail: TRADE-11.3-HAND-PALLET-TRUCKS@ec.europa.eu

Interested parties may request the intervention of the Hearing Officer of DG Trade, who acts as an interface between the interested parties and the Commission investigation services through reviewing requests for access to the file, disputes on the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of investigation, the request must be submitted within 15 days from 14 February 2012. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade
(http://ec.europa.eu/trade/tackling-unfair-trade/
hearing-officer/index_en.htm).