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4.9.2012 Official
Journal
of
the
European
Union L
238/5
COUNCIL IMPLEMENTING REGULATION (EU) No 796/2012
of 30 August 2012
imposing a definitive anti-dumping duty on imports of lever arch mechanisms originating in the
People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC)
No 1225/2009
THE COUNCIL OF THE EUROPEAN UNION,
announced on 23 July 2011, by a notice published in the
Official Journal of the European Union ( 4 ) (‘the notice of
initiation’), the initiation of an expiry review pursuant
Having regard to the Treaty on the Functioning of the European
to Article 11(2) of the basic Regulation.
Union,
4. Investigation
Having regard to Council Regulation (EC) No 1225/2009 of
30 November 2009 on protection against dumped imports
4.1. Review investigation period and the period considered
from countries not members of the European Community ( 1 )
(‘the basic Regulation’), and in particular Articles 9(4), 11(2),
(5) The investigation concerning the likelihood of
11(5) and 11(6) thereof,
continuation or recurrence of dumping covered the
period from 1 July 2010 to 30 June 2011 (‘the review
investigation period’ or ‘RIP’). The examination of the
Having regard to the proposal from the European Commission
trends relevant for the assessment of a likelihood of a
(‘the Commission’) after consulting the Advisory Committee,
continuation or recurrence of injury covered the period
from 1 January 2008 to the end of the review investi
gation period (‘the period considered’).
Whereas:
A. PROCEDURE
4.2. Parties concerned by the investigation
1. Measures in force
(6) The
Commission
officially
advised
the
applicant,
other
known Union producers, exporting producers in the
(1) By
Regulation
(EC)
No
1136/2006
( 2 ) (‘the original Regu
country concerned, unrelated importers, users in the
lation’) the Council imposed a definitive anti-dumping
Union known to be concerned, as well as the represen
duty of 27,1 % and 47,4 % on imports of lever arch
tatives of the country concerned of the initiation of the
mechanisms (‘LAM’) originating in the People’s Republic
expiry review.
of China (‘PRC’).
(7) Interested
parties
were
given
the
opportunity
to
make
2. Request for an expiry review
their views known in writing and to request a hearing
within the time limit set in the notice of initiation. All
(2) Following the publication of a notice of impending
interested parties, who so requested and showed that
expiry ( 3 ) of the definitive anti-dumping measures in
there were particular reasons why they should be
force, the Commission received on 26 April 2011 a
heard, were granted a hearing.
request for the initiation of an expiry review of these
measures pursuant to Article 11(2) of the basic Regu
lation. The request was lodged by LAMMA (Lever arch
(8) In
view
of
the
apparently
large
number
of
exporting
mechanism manufacturers association) on behalf of three
producers in the PRC, unrelated importers and Union
Union producers (‘the applicant’) representing a major
producers, sampling was envisaged in the notice of
proportion, in this case more than 50 %, of the Union
initiation in accordance with Article 17 of the basic
production of lever arch mechanisms.
Regulation.
(3) The
request
provided
sufficient
evidence
that
the
expiry (9) In
respect
of
exporting
producers
in
the
PRC
and
of the measures imposed on imports of LAM originating
unrelated importers, in order to enable the Commission
in the PRC would be likely to result in a continuation or
to decide whether sampling would be necessary and, if
recurrence of dumping and injury to the Union industry.
so, to select a representative sample, those parties were
requested to make themselves known within 15 days of
3. Initiation of an expiry review
the initiation of the review and to provide the

Commission with the information requested in the
(4) Having
determined,
after
consulting
the
Advisory
notice of initiation. Given that no exporting producer
Committee, that sufficient evidence existed for the
in the PRC made itself known and provided the
initiation of an expiry review, the Commission
Commission with the information requested in the
notice of initiation and that only one unrelated
importer made itself known but did not provide
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 205, 27.7.2006, p. 1.
( 3 ) OJ C 5, 8.1.2011, p. 11.
( 4 ) OJ C 217, 23.7.2011, p. 35.

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L 238/6
EN
Official Journal of the European Union
4.9.2012
the Commission with the information requested in the
code are not included in the scope of the product
notice of initiation, sampling was not considered
concerned for the purpose of this investigation.
necessary in either case.
(15) The
present
review
investigation
confirmed
that,
as
in
the
(10) The
Commission
announced
in
the
notice
of
initiation
original investigation, the product concerned and that
that it had provisionally selected a sample of Union
produced in the Union by the Union producers have
producers. This sample consisted of two companies,
the same basic technical and physical characteristics
out of the six Union producers that were known prior
and the same uses. They were therefore considered to
to the initiation of the investigation, selected on the basis
be like products according to Article 1(4) of the basic
of their sales and production volume of the product
Regulation.
concerned in 2010 as well as geographic location in
the Union. The sample represented over 50 % of the
total estimated Union production and sales during the
C. LIKELIHOOD OF CONTINUATION OR RECURRENCE
RIP. Interested parties were invited to consult the file
OF DUMPING
and to comment on the appropriateness of this choice
within 15 days of the date of publication of the notice of
(16) In
accordance
with
Article
11(2)
of
the
basic
Regulation,
initiation. No interested party opposed the proposed
it was examined whether the expiry of the existing
sample.
measures would be likely to lead to a continuation or
recurrence of dumping.
(11) The
Commission
sent
questionnaires
to
the
two
sampled
Union producers, the importer that made itself known
1. Preliminary remarks
and all users known to be concerned.
(17) As
mentioned
in
recital
9,
none
of
the
known
Chinese
exporting producers contacted at initiation cooperated in
(12) Replies to the questionnaires were received from the two
the investigation. The Chinese authorities were notified of
sampled Union producers and two users. The unrelated
this fact as well as of the possible application of
importer mentioned in recital 9 that made itself known
Article 18(1) of the basic Regulation, and were given
neither replied to the sampling questions nor filled in a
an opportunity to present their comments. No
questionnaire reply.
comments were received in this regard.
(13) The
Commission
sought
and
verified
all
the
information
(18) Therefore,
and
in
accordance
with
Article
18(1)
of
the
it deemed necessary for a determination of the likelihood
basic Regulation, the findings in relation to the likelihood
of continuation or recurrence of dumping and resulting
of continuation or recurrence of dumping set out below
injury and of the Union interest. Verification visits were
had to be based on facts available, in particular publicly
carried out at the premises of the following interested
available information such as official company websites
parties:
and product web search engines, information in the
request for review and information obtained from
(a) Union producers
cooperating parties in the course of the review investi
gation (namely, the applicants and the sampled Union
producers).
— Industria Meccanica Lombarda S.r.l., Offanengo,
Italy,
2. Dumping of imports during the RIP
— NIKO Metallurgical company, d.d. Zelezniki,
(19) For
the
purpose
of
establishing
normal
value,
the
notice
Slovenia;
of initiation made reference to the use of an analogue
country.
(b) user
(20) As concerns the export price, due to the lack of
— HIT OFFICE s.r.o., Teplice, Czech Republic.
cooperation from both exporting producers in the PRC
and unrelated importers in the Union market, the
Commission was unable to establish any export sales
B. PRODUCT CONCERNED AND LIKE PRODUCT
quantities or prices on a transactional basis. In this
respect, the Commission considered alternative means
(14) The
product
concerned
by
this
review
is
the
same
as
the
to determine the export price.
one in the original Regulation, namely lever arch mech
anisms generally used for archiving sheets and other
documents in binders or files currently falling within
(21) Firstly,
it
was
considered
whether
Eurostat,
cross-checked
CN code ex 8305 10 00 (TARIC code 8305 10 00 50)
with other available data, could be used as an alternative
(‘the product concerned’) and originating in the PRC.
means to establish export prices. These were considered
These lever arch mechanisms consist of arched sturdy
unsuitable in so far as one of the sources also covered
metal elements (normally two) on a back plate and
imports other than the product concerned and the other
having at least one opening trigger that permits
sources did not allow for the possibility to compare
inserting and filing of sheets and other documents.
export prices with those of the Union industry on a
Ring binder mechanisms classified within the same CN
type-per-type basis.

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EN
4.9.2012 Official
Journal
of
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European
Union L
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(22) Secondly, the Commission also considered having
(29) No
interested
party
commented
on
the
appropriateness
recourse to the export prices contained in the request
of the abovementioned basis for determining normal
for review. It is recalled that this methodology was
value.
used in the original investigation and that it permits a
comparison on a type-per-type basis. However, the
invoices contained in the request for review were for
(30) No
producer
in
market
economy
countries,
other
than
in
export prices to other third countries.
the Union, contacted by the Commission decided to
cooperate in the present review.
(23) Accordingly,
no
dumping
calculation
could
be
made
on
the basis of export prices to the Union and it was not
(31) In the above context, the Commission was left with no
possible to establish an affirmative determination of
other alternative than to rely on the prices actually paid
dumping. The investigation therefore focused on the like
or payable in the Union as the basis to determine normal
lihood of a recurrence of dumping.
value.
3. Likelihood of recurrence of dumping
3.1.2. N o r m a l v a l u e
(24) As regards the investigation of the likelihood of
recurrence of dumping, the following elements were
(32) Pursuant
to
Article
2(7)(a)
of
the
basic
Regulation
and
as
analysed: the relationship between normal value and
explained in recitals 26 to 31 above, normal value was
export prices to third countries; production capacity,
established using the price actually paid or payable in the
production and spare capacity in the PRC; and the
Union for the like product which were found to be in the
attractiveness of the Union market in relation to
ordinary course of trade.
imports from the PRC.
(33) As
a
result,
normal
value
was
established
as
the
weighted
3.1. Relationship between the normal value and export prices
average domestic sales price to unrelated customers of
to third countries
the sampled Union producers.
(25) In
view of the lack of cooperation from exporting
producers in the PRC, normal value was compared to
(34) It
was
first
established
whether
the
domestic
sales
of
the
export prices from the PRC in accordance with
like product to independent customers of the sampled
Article 2(7) of the basic Regulation.
Union producers were representative in accordance
with Article 2(2) of the basic Regulation, i.e. whether
the total volume of such sales represented at least 5 %
3.1.1. B a s i s f o r d e t e r m i n i n g n o r m a l v a l u e
of the total sales volume of the product concerned
exported to the Union. Given the lack of cooperation
(26) Since the PRC is an economy in transition, in accordance
with Article 2(7)(a) of the basic Regulation normal value
from exporting producers in the PRC, information in
had to be determined on the basis of the price or
relation to the total sales volume exported to the
constructed value in an appropriate market economy
Union had to be determined according to facts available.
third country (the analogue country), or the price from
As mentioned in recital 21, Eurostat and other statistics
the analogue country to other countries, including the
were considered unsuitable for the purposes of estab
Union, or, where those are not possible, on any other
lishing a continuance of dumping, however, they can
reasonable basis, including the price actually paid or
be used to indicate a level of imports (needed for the
payable in the Union for the like product, duly
overall volume exported from the PRC) to the Union. On
adjusted if necessary to include a reasonable profit
that basis, the domestic sales of the sampled Union
margin.
producers were considered to be overall sufficiently

representative during the RIP. In view of the lack of
cooperation from exporters in the PRC, it was not
(27) The
request
for
review
by
the
Union
industry
cited
a
possible to analyse representativity on a type-per-type
number of producers in market economy countries
basis.
other than the Union (namely, India, Iran and Thailand).
Upon initiation, these producers were duly contacted by
the Commission as well as other potential producers in
(35) The
Commission subsequently
examined
whether
the
such countries that could be identified from publicly
domestic sales of each sampled Union producer could
available sources.
be considered as having been made in the ordinary
course of trade, i.e. whether for each sampled Union
producer the average sales prices were equal or above
(28) The
notice
of
initiation
specified
that
if
no
cooperation
the average costs of production and therefore profitable.
was forthcoming from producers in market economy
countries other than the Union, the Commission
envisaged using the prices actually paid or payable in
(36) On
this
basis
it
was
established
that
sales
of
the
Union
the Union as the basis for determining the normal
producers were on average profitable and normal value
value. Indeed, the prices actually paid or payable in the
was consequently determined on the basis of the
Union was the basis used to determine normal value in
weighted average sales prices of the sampled Union
the original investigation.
producers.

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L 238/8
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Official Journal of the European Union
4.9.2012
3.1.3. E x p o r t p r i c e
(46) The submitted estimates were found to be reasonable
after being cross-checked by reference to publicly
(37) In
the
absence
of
cooperation
from
exporting
producers,
available sources where possible.
the most appropriate basis was found to be the
information on the export prices from the PRC to
third countries contained in the request for review.
(47) In
relation
to
spare
capacity,
as
mentioned
in
recital
41,
the information obtained during the investigation shows
3.1.4. C o m p a r i s o n
that the production capacity in the PRC for LAM can be
easily increased, inter alia, through the employment of
(38) The
comparison
between
the
weighted
average
normal
additional workforce and by limited investment in
value and the weighted average export price was made
tooling, in case of increased demand.
on an ex-works basis. This comparison showed that the
export price to third countries in the request for review
was significantly lower than the normal value (over
(48) Based
on
the
above,
it
can
reasonably
be
concluded
that
30 %). This indicates that prices to the Union will be
substantial spare capacity exists in the PRC. As explained
very likely dumped should measures be repealed.
in recitals 49 to 55, there is a strong likelihood that such
spare capacity would be directed towards the Union
market should measures be repealed.
3.2. Production capacity of the exporting producers
(39) Since
no cooperation
from exporting
producers
was
forthcoming, the following conclusions rely mainly on
3.4. Attractiveness of the Union market
the information contained in the request for review,
cross-checked where possible against publicly available
(49) Information
gathered
during
the
present
review
reveals
information.
that the Union market would be an attractive market for
imports of LAM from the PRC, should measures be
repealed. It is recalled that prior to the imposition of
(40) On
this
basis,
it
was
found
that
the
PRC
production
the measures in force, consumption in the Union was
capacity of LAM is estimated to be at least within a
substantial and close to 400 million pieces. At the same
range of 600 million and 700 million pieces, which is
time, imports from the PRC were over 200 million pieces
based on information provided by the Union industry.
accounting for over 50
% of the entire Union
consumption.
(41) In addition, information obtained during the investi
gation shows that the production capacity in the PRC
(50) The
investigation
has
demonstrated
that
Union
demand
for LAM can be easily increased, inter alia, through the
for LAM remained substantial. The Union consumption
employment of additional workforce and by limited
has only modestly declined over the period considered as
investment in tooling, in case of increased demand.
determined in recitals 63 to 64 and 98 and the Union
market remains the largest worldwide for LAM, repre
senting over 50 % of the world market.
(42) No interested party has come forward with other
comments and/or information in relation to production
capacity in the PRC.
(51) Furthermore,
there
are
few
other
markets
for
LAM,
which
are not likely to accommodate the excess PRC capacity.
(43) On this basis, production capacity in the PRC is around
170 %-350 % higher than the Union consumption and
significantly more than the Union production.
(52) Moreover,
as
established
in
recital
38,
a
comparison
between the export prices of imports from the PRC to
third countries with prices in the Union market shows
3.3. Production and spare capacity of exporting producers in
that the Union market would be attractive for such low-
the PRC
priced imports, if measures were repealed. This is also
due to the fact that the prevailing prices are generally
(44) Since
no cooperation
from exporting
producers
was
higher in the Union market than in other export markets.
forthcoming, information in relation to actual production
and spare capacity relied mainly on the information
contained in the request for review, cross-checked
where possible against publicly available information.
(53) Given
the
above
considerations,
if
measures
were
to
be
repealed, the likelihood would be that the exports from
the PRC would be directed towards the Union market.
(45) In
the request for review, production of LAM was
estimated at between 200-400 million pieces and the
spare capacity of between 200-500 million pieces. This
(54) Publicly
available
information
in
respect
of
producers
in
spare capacity corresponds roughly to the equivalent of
the PRC reveals that such companies often primarily or
Union consumption.
exclusively direct their sales to the export market.

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EN
4.9.2012 Official
Journal
of
the
European
Union L
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(55) Finally, it should be observed that since the imposition of
(60) The macroeconomic indicators, namely production,
definitive measures a number of cases of misclassification
production capacity, capacity utilisation, sales in the
of LAM imports have been observed whereby large
Union and to third markets, market share, growth,
volumes of separate LAM and covers were declared as
employment and productivity, magnitude of the actual
complete lever arch files. This resulted in no duties being
dumping margin and the recovery from the past
paid for such imports. This misclassification prompted
dumping are based on the data submitted by the
the Customs Code Committee (in November 2010) to
Union industry. In this context the questionnaire
clarify in a statement that LAM imported under such
responses obtained from the two sampled Union
circumstances must be separately declared. It is too
producers were complemented by information provided
early to determine whether such a statement has had
by all other Union producers.
the required effect and the Commission intends to
monitor the situation closely. However, the practice
constitutes further evidence that, in spite of measures,
the Union market continues to be attractive for
exporting producers in the PRC.
(61) The
microeconomic
indicators,
namely,
stocks,
wages,
sales prices, profitability, investment, return on
investment, cash flow and ability to raise capital refer
to data supplied by the two sampled Union producers.
Due to the fact that the sampled companies represent
3.5. Conclusion on the likelihood of a recurrence of dumping
over 50 % of the total estimated Union production and
sales, the sampled Union producers were deemed to be
(56) As
mentioned
in
recital
38,
a
comparison
between
the
representative of the Union industry for the purposes of
export prices to other third countries contained in the
this review. Data relating to the two sampled companies
request for review with the price on the Union market
can only be provided in indexed form, so as to preserve
reveals a strong likelihood that dumping may recur.
confidentiality of business-sensitive information pursuant
to Article 19 of the basic Regulation.
(57) In addition, considering the significant production
(62) Due to the lack of cooperation from the Chinese
capacity available in the PRC, the ability of Chinese
exporting producers and unrelated importers, the devel
producers to increase rapidly their production volumes
opment of import price and undercutting is based on
and direct them for export, the likely low prices of such
alternative sources such as the request for review,
exports and the attractiveness of the Union market for
Eurostat and other confidential statistics available to the
such exports, it is reasonable to assume that a repeal of
Commission as well as information collected during the
the measures would result in increased exports at
verification visits. Import data were based on the request
dumped levels of LAM from the PRC to the Union.
for review which was based on Eurostat data. Given that
these data also covered imports other than the product
concerned, they were cross-checked and duly adjusted
against other confidential statistical sources available to
the Commission. Therefore, some figures below have
D. DEFINITION OF THE UNION INDUSTRY
been indexed or bracketed to protect confidential stat
istics.
(58) During the RIP, LAM were manufactured in the Union by
six known producers, out of which three were the
applicants in the present case. No other companies
came forward as Union producers in the course of this
investigation. It is therefore considered that these six
2. Consumption on the Union market
producers represent the Union industry within the
meaning of Articles 4(1) and 5(4) of the basic Regulation
(63) The
Union
consumption
was
established
on
the
basis
of
(hereinafter referred to as the ‘Union industry’).
the sales volume of the Union industry on the Union
market and imports. It was established that the
consumption during the RIP was within the range of
200 and 350 million pieces.
E. SITUATION ON THE UNION MARKET
1. Preliminary remark
(64) The
consumption
of
LAM
in
the
Union
decreased
by
(59) For the purpose of the injury analysis data were obtained
12 % over the period considered. This could be partly
from Eurostat statistics and other statistical sources
attributed to the economic crisis as well as changing
available to the Commission, the request for review,
patterns in consumption (e.g. promotion of green office
the responses to the questionnaire and information
and electronic filing, general decrease in administrative
gathered during the verification visits.
jobs).

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Official Journal of the European Union
4.9.2012
Table 1
(68) Nevertheless, it is considered that the other confidential
statistical sources available to the Commission were
Consumption
suitable to indicate the overall trend in import prices
from the PRC. The trend in import prices shows a
2008 2009 2010 RIP
price increase over the period considered.
Volume
Index (2008 = 100) 100 84 90 88
Table 3
Source: Questionnaire replies, Review request, Eurostat and other stat
Prices of imports of the product concerned
istical sources available to the Commission.
2008 2009 2010 RIP
PRC
3. Volume and market share of imports from the
PRC
Index 100 102 118 118
(65) As
described
in
Table
2
below,
market
share
decreased
by
Source: Questionnaire replies, Review request, Eurostat and other stat
54 % during the period considered.
istical sources available to the Commission.
4.2. Price undercutting
(66) Moreover,
since
the
imposition
of
anti-dumping
duties
in
2006, the Chinese imports considerably decreased from
(69) Due
to
the
lack
of
cooperation
of
the
Chinese
exporting
51 % market share in the IP of the original investigation
producers and lack of alternative sources, the under
to between 7 % and 15 % during the RIP. Concerning
cutting calculation was, for the reasons set out in
import volumes from the PRC, they remained low
recital 37, based on the export prices to third countries
during the period considered due to the anti-dumping
contained in the request for review. The level of under
measures in force. However, the Chinese imports
cutting indicatively established amounts to about 20 %.
continued to be a major source (between 85 and 95 %
in RIP) of total imports in the Union, due to the limited
exports of LAM by other third countries. In the period
considered imports decreased by 59 %.
5. Import volumes and market shares of imports
from other third countries
(70) The
main
producers
of
LAM
in
the
world
are
located
in
the Union and the PRC. Imports from other third
Table 2
countries such as India were found to be negligible,
below 1 %.
Imports from the PRC
2008 2009 2010 RIP
6. Economic situation of the Union industry
Volume of imports Index 100 56 44 41
(2008 = 100)
(71) Pursuant
to
Article
3(5)
of
the
basic
Regulation,
the
Commission examined all relevant economic factors
Market share of imports Index 100 66 48 46
and indices having a bearing on the state of the Union
(2008 = 100)
industry.
Source: Questionnaire replies, Review request, Eurostat and other stat
istical sources available to the Commission.
6.1. Macroeconomic elements
(a) Production
4. Trend in prices of imports from the PRC and
price undercutting
(72) The
production
volume
in
the
Union
remained
within
the same range over the period considered with the
4.1. Trend in prices
exception of 2009. The decrease in 2009 due to a
certain degree to the global economic crisis was
(67) Due to the lack of cooperation of the Chinese exporting
compensated by an increase in 2010.
producers and lack of alternative sources, it was not
possible to establish an accurate import price. This is
because, as explained in recital 21, statistics were
considered unsuitable in so far as one of the sources
(73) Despite
the
downward
trend
in
sales
in
the
Union
as
also covered imports other than the product concerned
explained in recitals 75 to 77, the Union producers
and the other sources did not allow for the possibility to
could maintain the production levels during the period
compare export prices with those of the Union industry
considered as they were able to increase their exports to
on a type-per-type basis.
third markets as explained in recital 78.

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Table 4
(76) The sales in the Union decreased over the period
considered by 4 %.
Total Union production
2008 2009 2010 RIP
(77) In 2009, the sales dropped by 11 %. This decline is to be
attributed to the effects of the global economic crisis. In
Volume
subsequent years the sales recovered and were close to
(thousand pieces)
2008 figures during the RIP.
Production 351
480 301
661 360
007 354
646
(d) Sales to thirds markets
Index (2008
= 100 86 102 101
100)
(78) The
figures
below
represent
the
Union
industry’s
sales
Source: Questionnaire replies.
volume to third markets and show a sharp increase in
these sales over the period considered.
(b) Production capacity and capacity utilisation
Table 7
(74) Production capacity slightly increased due to the
investments in extra capacity and modernisation
Sales to third countries
undertaken by the Union producers over the period
considered. Capacity utilisation remained rather stable,
2008 2009 2010 RIP
showing a slight decrease in the year 2009. This slight
decrease is primarily attributable to the effects of the
Volume
26 750 42
105 59
221 57
148
global economic crisis during that year.
(thousand pieces)
Index (2008
= 100 157 221 214
Table 5
100)
Production capacity and capacity utilisation
Source: Questionnaire replies.
2008 2009 2010 RIP
(e) Market share
Volume
(thousand pieces)
(79) Despite the decrease in sales in the Union, the market
share of the Union industry increased by 9 % over the
Production
452 407 453
323 465
984 465
401
period considered to reach a range of 80 % to 93 %
capacity
during the RIP. The increase in the Union market share
was a result of the decrease in consumption in the Union
Index (2008
= 100 100 103 103
as well as the decrease of the market share of imports
100)
from the PRC.
Capacity utili
77,7 % 66,5
% 77,3
% 76,2
%
sation
Table 8
Index (2008
= 100 86 99 98
Union market share
100)

Source: Questionnaire replies.
2008 2009 2010 RIP
Index (2008 = 100) 100 106 109 109
(c) Sales volume in the Union
Source: Questionnaire replies, Review request, Eurostat and other stat
(75) The
figures
below
represent
the
Union
industry’s
sales
istical sources available to the Commission.
volume to independent customers on the Union market.
(f) Growth
Table 6
(80) Between 2008 and the RIP, the Union consumption
Sales to unrelated customers
shrunk by 12 %. The volume of sales by the Union
producers on the Union market decreased by 4 %. The
2008 2009 2010 RIP
Union producers’ market share increased by 9 %.
Volume
315 715 281
281 309
941 304
444
(thousand pieces)
(g) Employment
Index (2008
= 100 89 98 96
(81) Employment in the sector decreased in the Union during
100)
the period considered. This decrease was linked to the
modernisation and mechanisation of the production
Source: Questionnaire replies.
process by the Union industry.

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L 238/12
EN
Official Journal of the European Union
4.9.2012
Table 9
(87) The
investigation
showed
that
stocks
held
by
the
Union
industry were not a relevant indicator for the assessment
Union employment
of the economic situation of the Union industry because
the level of stocks varies on a seasonal basis.
2008 2009 2010 RIP
Number of employees 710 588 561 552
(b) Wages
Index (2008 = 100) 100 83 79 78
(88) During the period considered the average wage increased
Source: Questionnaire replies.
by 33 % per employee.
(h) Productivity
Table 12
(82) The
productivity of the Union industry’s workforce,
measured as output per person employed per year,
Wages (cost per employee)
developed positively over the period considered and
remained stable through 2010 and the RIP.
2008 2009 2010 RIP
(83) This
increase
in
productivity
was
linked
to
the
modern
Index (2008 = 100) 100 116 133 133
isation process undertaken which is described in
recital 93.
Source: Questionnaire replies.
Table 10
(c) Sales prices
Productivity
(89) Average
unit
prices
of
LAM
in
the
Union
increased
slightly between 2008 and RIP. The relative decrease in
2008 2009 2010 RIP
2010 as compared to 2009 is linked to fluctuation of the
Productivity (thousand pieces/ 495 513 642 642
prices of the raw materials.
year)
Index (2008 = 100) 100 104 130 130
Table 13
Source: Questionnaire replies.
Unit price Union market
(i) Magnitude of the actual dumping margin and
2008 2009 2010 RIP
recovery from the past dumping
Index (2008 = 100) 100 103 101 104
(84) It is recalled that, due to the circumstances described in
recitals 19 to 23, no dumping calculation could be
Source: Questionnaire replies.
carried out. However, a likelihood of recurrence of
dumping was established based on a comparison
between normal value established on the basis of the
(d) Profitability
average Union industry sales prices and export price
established on the basis of prices to third countries.
(90) The
profitability
margins
shown
below
are
established
by

expressing the financial result achieved by the Union
industry as a percentage of the turnover achieved on
(85) The
analysis
shows
that
the
Union
industry
recovered
to
a large extent due to the imposition of the measures
the Union market.
against dumped imports and the measures in force are
proving to be effective.
Table 14
6.2. Microeconomic elements
Profitability
(a) Stocks
2008 2009 2010 RIP
(86) The
figures
below
represent
the
volume
of
stocks
at
the
end of each period.
Index (2008 = 100) 100 107 105 104
Table 11
Source: Questionnaire replies.
Closing Stocks
(91) Prior
to
the
imposition
of
definitive
measures
in
2006,
2008 2009 2010 RIP
the Union industry was heavily loss making. Since then,
the economic situation of the LAM industry improved
Index (2008 = 100) 100 43 61 83
over the period considered, however remaining below
the target profit of 5 % established in the original inves
Source: Questionnaire replies.
tigation during the RIP.

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EN
4.9.2012 Official
Journal
of
the
European
Union L
238/13
(e) Investments, return on investments and cash flow
measures be repealed — projected developments in terms
of volumes and prices of imports originating in the PRC
(92) The
trends
for
investments,
the
return
on
investments
would deteriorate the present situation, as detailed below
and cash flow are shown in the following table.
from recitals 98 to 106.
Table 15
(98) There
are
two
main
producers
of
LAM
in
the
world
—
Investments, return on investment and cash flow
the PRC and the Union. The Union is the largest market
for LAM worldwide, followed by South America and
2008 2009 2010 RIP
Russia. There are small producers in other countries,
such as India, but these concentrate on their respective
Investments
domestic markets. The USA and Canada use different
filing systems.
Index (2008 = 100) 100 152 41 51
Return on investment
(99) It is recalled that there is significant spare capacity in the
PRC and that production of LAM in the PRC could be
Index (2008 = 100) 100 111 109 108
easily increased as explained in recitals 45 to 48.
Cash flow
Index (2008 = 100) 100 291 247 236
(100) It is also recalled that the spare capacity available in the
PRC corresponds roughly to the Union consumption (see
Source: Questionnaire replies.
recital 45).
(93) Due to the recovery after imposition of the measures in
2006, the industry carried out significant investments
(101) It was also established that any increase of LAM
into modernisation and expansion of the production
production in the PRC would be likely to be exported
facility, in particular in 2008 and 2009. The improved
to the Union, if measures were repealed (see recital 53).
profitability is also reflected in the improved cash flow.
This is based on the fact that the Union market remains
the largest market worldwide for LAM, with a relatively
stable consumption and due to the fact that the
(f) Ability to raise capital
prevailing prices are generally higher in the Union
market than in other export markets (see recital 52).
(94) The
investigation
did
not
reveal
any
particular
problems
Also it should be taken into account that, apart from
in the ability of the Union industry to raise capital.
the Union and the PRC, there are no other significant
exporting countries producing LAM.
6.3. Conclusion on the economic situation of the Union
industry
(102) In addition, as mentioned in recital 41, production
capacity in the PRC can be increased easily by the
(95) Based on the abovementioned analysis, the economic
situation of the Union industry has improved and the
simple provision of additional labour. Therefore, the
industry is proving to be viable after the imposition of
PRC exports would be able to accommodate any
the measures in 2006. Nonetheless, taking into account
increase in the Union consumption. In view of the
that the abovementioned positive developments occurred
potentially low price of Chinese imports, as shown by
only after the imposition of the measures, employment is
the comparison with their prices to third country
decreasing and profitability is still below its target level, it
markets, and the apparent unlimited ability to supply
is considered that the economic situation of the industry
at low prices, the Union industry would very likely not
remains fragile and vulnerable. It may therefore be
be able to benefit of any increase in demand which
concluded that the evidence suggests that the removal
would lead to important losses of market share, should
of injury is partly or solely due to the existence of the
measures be repealed.
measures.
(103) On this basis it is to be expected that the conditions of
F. LIKELIHOOD OF RECURRENCE OF INJURY
any future significant increase of LAM imports from the
PRC to the Union would have serious negative
(96) Since the imposition of the measures in force the
consequences for the situation of the Union industry.
situation of the Union industry improved considerably.
As mentioned above, if measures are repealed, the
However, the findings of the present analysis show that
import volume of LAM from the PRC is expected to
the Union industry still remains fragile and vulnerable.
be significant. Furthermore, those imports would most
probably exert a significant price pressure on the
Union market, thus on the Union industry, as
(97) Under
such
circumstances
it
is
appropriate
to
carry
out
suggested by the data on the level of prices in third
an analysis of the likelihood of recurrence of material
country markets. Indeed, according to the data available
injury in order to examine whether — should the
it is estimated that the current Chinese prices do

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L 238/14
EN
Official Journal of the European Union
4.9.2012
undercut Union prices by around 20 % as described in
(112) Indeed, there is a clear likelihood of recurrence of the
recital 69, which points to a strong likelihood for the
injurious dumping in substantial volumes which the
Chinese imports to occur at prices substantially below
Union industry could not withstand. The Union
Union prices should the measures be lifted.
industry would therefore continue to benefit from the
maintenance of the current anti-dumping measures.
(104) The attractiveness of the Union market for Chinese
exporters is also underlined by the misclassification
(113) Accordingly, it is concluded that the maintenance of anti-
attempts to avoid the anti-dumping measures in place
dumping measures against the PRC would clearly be in
(see recital 55).
the interest of the Union industry.
3. Interest of importers and users
(105) On the basis of the above, it is likely that the expiry of
the anti-dumping measures on imports of LAM orig
(114) As indicated above, none of the identified unrelated
inating in the PRC would result in a sharp increase in
importers submitted questionnaire replies. Importers of
the volume of imports into the Union at very low prices,
LAM are normally also users of the product concerned
very likely undercutting substantially the Union sales
since they use it for the production of lever arch files
prices. This would cause material injury and annihilate
(‘LAF’).
the investment and recovery efforts made by the industry
in the past years.
(115) Several users, i.e. producers of LAF, came forward in the
course of the investigation. Only one user provided a
(106) On this basis, it is concluded that the repeal of measures
questionnaire reply which, given the quality of the data
in force of imports from LAM originating in the PRC
submitted, was possible to verify only to some extent
would in all likelihood result in the recurrence of
during the verification visit.
injury to the Union industry.
(116) The user that was verified claimed that anti-dumping
G. UNION INTEREST
measures should also be imposed on imports of LAF
from the PRC. However, these claims were not
1. Preliminary remark
substantiated by any supporting evidence.
(107) In accordance with Article 21 of the basic Regulation, it
was examined whether the maintenance of the existing
(117) Two users expressed their opposition against the
anti-dumping measures would be against the interest of
continuation of the measures. However, their allegations
the Union as a whole.
were not substantiated.
(108) The determination of the Union interest was based on an
(118) On the other hand, the analysis also showed that if the
appreciation of all the various interests involved, i.e.
Chinese were to become the sole suppliers of LAM as a
those of the Union industry, the importers and the users.
consequence of the repeal of the measures, the position
of the producers of lever arch files would also be
endangered due to the disappearance of the competition
(109) In the original investigation the adoption of measures
on the world LAM market. It was therefore considered
was considered not to be against the interest of the
that the existing measures contribute to variety of supply
Union. Furthermore, the present investigation is an
and competition on the world market for LAM, which
expiry review, thus analysing a situation in which anti-
ultimately is in the interest of the users.
dumping measures are in place.
(119) The other three users using only the LAM produced in
the Union remained neutral and one of them expressed
(110) On this basis, it was examined whether, despite the
its support for the continuation of the measures.
conclusion on the likelihood of recurrence of dumping
and injury, there are compelling reasons which would
lead to the conclusion that it is not in the Union
(120) Given that the cost of LAM represents a minimal
interest to maintain measures in this particular case.
percentage of the retail price of LAF, the measures
have practically no effect, if any, on the price of the
final product (LAF), and therefore no impact on final
2. Interest of the Union industry
consumers.
(111) The continuation of the anti-dumping measures on
imports from the country concerned would enhance
4. Conclusion on Union interest
the possibility for the Union industry to reach a
reasonable level of profitability, as it would help
(121) Taking into account all of the factors outlined above, it is
avoiding that the Union industry is pushed out of the
concluded that there are no compelling reasons against
market by substantial volumes of imports from the PRC.
the maintenance of the current anti-dumping measures.

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EN
4.9.2012 Official
Journal
of
the
European
Union L
238/15
H. ANTI-DUMPING MEASURES
(normally two) on a back plate and having at least one opening
trigger that permits inserting and filing of sheets and other
(122) All parties were informed of the essential facts and
documents.
considerations on the basis of which it was intended to
recommend that existing measures be maintained. They
2. The
rate
of
the
definitive
anti-dumping
duty
applicable
to
were also granted a period within which they could make
the net, free-at-Union frontier price, before duty, of the products
representations subsequent to this disclosure. The
described in paragraph 1, and manufactured by the companies
submissions and comments were analysed but have not
listed below, shall be as follows:
led to the alteration of the essential facts and consider
ations on the basis of which it was decided to maintain
Anti-
TARIC
the anti-dumping measures.
Manufacturer
dumping
additional
duty
code
(123) It follows from the above that, as provided for by
Article 11(2) of the basic Regulation, the anti-dumping
Dongguan Nanzha Leco Stationary
27,1 % A729
measures applicable to imports of lever arch mechanisms
The First Industrial Camp, Nanzha, Humen,
originating in the PRC should be maintained,
Dongguan, China
HAS ADOPTED THIS REGULATION:
All other companies 47,4
% A999
Article 1
1. A
definitive
anti-dumping
duty
is
hereby
imposed
on
3. Unless
otherwise
specified,
the
provisions
in
force
imports of lever arch mechanisms generally used for archiving
concerning customs duties shall apply.
sheets and other documents in binders or files currently falling
Article 2
within CN code ex 8305 10 00 (TARIC code 8305 10 00 50)
and originating in the People’s Republic of China. These lever
This Regulation shall enter into force on the day following that
arch mechanisms consist of arched sturdy metal elements
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 August 2012.
For the Council
The President
A. D. MAVROYIANNIS

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