Commission Regulation (EU) No 32/2014

Contents

THE EUROPEAN COMMISSION,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 (‘the basic Regulation’)^note and in particular Article 11(4) thereof,After having consulted the Advisory Committee in accordance with Articles 11(4) and 14(5) of the basic Regulation,Whereas:

HAS ADOPTED THIS REGULATION:

Article 1 #

A review of Implementing Regulation (EU) No 1008/2011 as amended by Implementing Regulation (EU) No 372/2013 is hereby initiated under Article 11(4) of Regulation (EC) No 1225/2009 in order to determine if and to what extent the imports of hand pallet trucks and their essential parts, currently falling within CN codes ex84279000 (TARIC codes 8427900011 and 8427900019) and ex84312000 (TARIC codes 8431200011 and 8431200019) and originating in the People’s Republic of China, produced and sold for export to the Union by Ningbo Logitrans Handling Equipment Co., Ltd (TARIC additional code A070) should be subject to the anti-dumping duty imposed by Implementing Regulation (EU) No 1008/2011 as amended by Implementing Regulation (EU) No 372/2013 or that an individual anti-dumping duty should be imposed.For the purpose of this Regulation, hand pallet trucks shall be 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).

Article 2 #

The anti-dumping duty imposed by Implementing Regulation (EU) No 1008/2011 as amended by Implementing Regulation (EU) No 372/2013 is hereby repealed with regard to the imports identified in Article 1 of the present Regulation.

Article 3 #

The Customs authorities shall, pursuant to Article 11(4) and Article 14(5) of Regulation (EC) No 1225/2009, take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation.Registration shall expire nine months following the date of entry into force of this Regulation.

Article 4 #

1.Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit a reply to the questionnaire indicated in recital (12) of this Regulation or any information to be taken into account within 37 days from the date of entry into force of this Regulation, unless otherwise specified.

2.Interested parties may also apply to be heard by the Commission within the same 37-day time-limit.

3.A duly substantiated claim for market economy treatment must reach the Commission within 37 days of the date of the entry into force of this Regulation.

4.Parties to the investigation wanting to comment on the appropriateness of Brazil, which is envisaged as a market economy third country, must submit their comments within 10 days of the date of entry into force of this Regulation.

5.All written submissions, including the information requested in this Regulation, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’^note.

6.Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such confidential information may be disregarded.

7.Interested parties are required to make all submissions and requests in electronic format (non-confidential submissions via e-mail, confidential ones on CD-R/DVD), and must indicate their name, address, e-mail address, telephone and fax numbers. However, any Powers of Attorney, signed certifications, and any updates thereof, accompanying MET claim forms or questionnaire replies must be submitted on paper, i.e. by post or by hand, at the address below. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of the Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defenceCommission address for correspondence:European CommissionDirectorate-General for TradeDirectorate HOffice: N105 08/0201049 Bruxelles/BrusselBELGIQUE/BELGIËE-mail: TRADE-HPT-DUMPING@ec.europa.eu

Article 5 #

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Commission Regulation (EU) No 32/2014

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Key facts

History · 2 versions

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