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15.1.2014 Official
Journal
of
the
European
Union L
10/11
COMMISSION REGULATION (EU) No 32/2014
of 14 January 2014
initiating a ‘new exporter’ review of Council Implementing Regulation (EU) No 1008/2011
imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential
parts originating in the People’s Republic of China as amended by Council Implementing
Regulation (EU) No 372/2013, repealing the duty with regard to imports of one exporter in this
country and making such imports subject to registration
THE EUROPEAN COMMISSION,
Implementing Regulation (EU) No 372/2013 ( 3 ), under
which imports into the Union of the product under
review, including the product produced by the applicant,
are subject to a definitive anti-dumping duty of 70,8 %.
Having regard to the Treaty on the Functioning of the European
The measures are also applicable to imports of hand
Union,
pallet trucks and their essential parts consigned from
Thailand whether declared as originating in Thailand or
not pursuant to Council Regulation (EC) No
Having regard to Council Regulation (EC) No 1225/2009 of
499/2009 ( 4 ).
30 November 2009 on protection against dumped imports
from countries not members of the European Community
(‘the basic Regulation’) ( 1 ) and in particular Article 11(4) thereof,
D. GROUNDS
(5) The
applicant
claims
that
it
operates
under
market
After having consulted the Advisory Committee in accordance
economy conditions as defined in Article 2(7)(c) of the
with Articles 11(4) and 14(5) of the basic Regulation,
basic Regulation.
Whereas:
(6) It
further
claims
that
it
did
not
export
the
product
under
review to the Union during the investigation period on
which the anti-dumping measures were based, i.e. the
period from 1 April 2003 to 31 March 2004 (‘the
A. REQUEST
original investigation period’).
(1) The
European
Commission
(‘the
Commission’)
has
received a request for a ‘new exporter’ review under
Article 11(4) of the basic Regulation.
(7) Furthermore,
the
applicant
claims
that
it
is
not
related
to
any of the exporting producers of the product under
review which are subject to the above-mentioned anti-
dumping measures.
(2) The
request
was
lodged
on
3
May
2013
by
Ningbo

Logitrans Handling Equipment Co., Ltd (‘the applicant’),
an exporting producer of hand pallet trucks and their
essential parts in the People’s Republic of China (‘the
(8) The
applicant
further
claims
that
it
has
begun
exporting
country concerned’).
the product under review to the Union after the end of
the original investigation period.
B. PRODUCT
(3) The
product
under
review
is
hand
pallet
trucks
and
their
E. PROCEDURE
essential parts, i.e. chassis and hydraulics, currently falling
within CN codes ex
8427
90
00 (TARIC codes
(9) Having
examined
the
evidence
available,
the
Commission
concludes that there is sufficient evidence to justify the
8427 90 00 11 and 8427 90 00 19) and ex 8431 20 00
initiation of a ‘new exporter’ review, pursuant to
(TARIC codes 8431 20 00 11 and 8431 20 00 19) and
Article 11(4) of the basic Regulation, with a view to
originating in the People’s Republic of China.
determine the applicant’s individual margin of dumping
and, should dumping be found, the level of the duty to
which its imports of the product under review into the
C. EXISTING MEASURES
Union shall be subject. Upon receipt of the claim for
market economy treatment, it will be determined
(4)
The measures currently in force are a definitive anti-
whether the applicant operates under market economy
dumping duty imposed by Council Implementing Regu
conditions as defined in Article 2(7)(c) of the basic Regu
lation (EU) No 1008/2011 ( 2 ) as amended by Council
lation.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 3 ) OJ L 112, 24.4.2013, p. 1.
( 2 ) OJ L 268, 13.10.2011, p. 1.
( 4 ) OJ L 151, 16.6.2009, p. 1.

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L 10/12
EN
Official Journal of the European Union
15.1.2014
(10) If it is determined that the applicant fulfils the
(17) If
the
applicant
is
granted
market
economy
treatment
but
requirements to have an individual duty established, it
reliable required data are not available in the People’s
may be necessary to amend the rate of duty currently
Republic of China, the Commission may, if necessary,
applicable under Article 1(2) of Implementing Regulation
also use findings concerning the normal value established
(EU) No 1008/2011 as amended by Implementing Regu
in an appropriate market-economy country, e.g. for the
lation (EU) No 372/2013.
purpose of replacing any unreliable cost or price
elements in the People’s Republic of China which are
needed in establishing the normal value. The
Commission envisages using Brazil also for this purpose.
(a) Questionnaires
(11) In
order
to
obtain
information
it
deems
necessary
for
its
investigation, the Commission will send a questionnaire
F. REPEAL OF THE DUTY IN FORCE AND
to the applicant.
REGISTRATION OF IMPORTS
(18) Pursuant
to
Article
11(4)
of
the
basic
Regulation,
the
anti-dumping duty in force should be repealed with
(b) Collection of information and holding of hearings
regard to imports of the product under review which
are produced and sold for export to the Union by the
(12) All
interested
parties
are
hereby
invited
to
make
their
applicant. At the same time, such imports should be
views known in writing and to provide supporting
made subject to registration in accordance with
evidence.
Article 14(5) of the basic Regulation, in order to
ensure that, should the review result in a finding of
dumping in respect of the applicant, anti-dumping
duties can be levied from the date of the registration
(13) Union
producers
known
to
be
concerned
have
been
of these imports. The amount of the applicant’s
informed of the request for a review and have been
possible future liabilities cannot be estimated at this
given an opportunity to comment.
stage of the investigation.
(14) Furthermore, the Commission may hear interested
G. TIME LIMITS
parties, provided that they make a request in writing
showing that there are particular reasons why they
(19) In
the interest of sound administration, time limits
should be heard.
should be stated within which:
(c) Market economy treatment
— interested parties may make themselves known to the
Commission, present their views in writing and
(15) If the applicant provides sufficient evidence that it
submit any information to be taken into account
operates under market economy conditions, i.e. that it
during the investigation,
meets the criteria laid down in Article 2(7)(c) of the basic
Regulation, normal value will be determined in
accordance with Article 2(7)(b) of the basic Regulation.
For this purpose, duly substantiated claims must be
— interested parties may make a written request to be
submitted within the specific time limit set in Article 4
heard by the Commission,
of this Regulation. The Commission will send a claim
form to the applicant, as well as to the authorities of
the People’s Republic of China.
— interested parties may comment on the appropri
ateness of the use of Brazil as explained in recitals
16 and 17 above,
(d) Selection of the market economy country
(16) If the applicant is not granted market economy
treatment, an appropriate market economy country will
be used for the purpose of establishing normal value for
— the applicant should submit a duly substantiated
the People’s Republic of China in accordance with
claim for market economy treatment.
Article 2(7)(a) of the basic Regulation. The Commission
envisages using Brazil for this purpose as was done in the
investigation which led to the imposition of measures on
imports from the People’s Republic of China. Interested
(20) Attention is drawn to the fact that the exercise of most
parties are invited to comment on the appropriateness of
procedural rights set out in the basic Regulation depends
this choice within the specific time limit set in Article 4
on the party’s making itself known within the time limits
of this Regulation.
indicated in Article 4 of this Regulation.

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EN
15.1.2014 Official
Journal
of
the
European
Union L
10/13
H. NON-COOPERATION
mediate to ensure that the interested party’s rights of
defence are being fully exercised. The Hearing Officer
(21) In
cases
in
which
any
interested
party
refuses
access
to
or
will provide opportunities for a hearing involving
does not provide the necessary information within the
parties which would allow different views to be
time limits, or significantly impedes the investigation,
presented and rebuttal arguments offered.
findings, affirmative or negative, may be made in
accordance with Article 18 of the basic Regulation, on
the basis of the facts available.
(28) A
request
for
a
hearing
with
the
Hearing
Officer
should
be made in writing within the specific deadlines set by
the Commission in its communication with the parties.
(22) If
an
interested
party
has
supplied
false
or
misleading
The party should specify the reasons for the request.
information, the information shall be disregarded and
use may be made of facts available.
(29) For
further
information
and
contact
details
interested
parties may consult the Hearing Officer’s web pages on
(23) If
an
interested
party
does
not
cooperate
or
cooperates
the Directorate-General for Trade’s website: http://ec.
only partially and findings are therefore based on the
europa.eu/commission_2010-2014/degucht/contact/
facts available in accordance with Article 18 of the
hearing-officer/
basic Regulation, the result may be less favourable to
that party than if it had cooperated.
HAS ADOPTED THIS REGULATION:
(24) Failure
to
give
a
computerised
response
shall
not
be
deemed to constitute non-cooperation, provided that
the interested party shows that presenting the response
Article 1
as requested would result in an unreasonable extra
burden or unreasonable additional cost. The interested
A review of Implementing Regulation (EU) No 1008/2011 as
party should immediately contact the Commission.
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,
I. SCHEDULE OF THE INVESTIGATION
currently falling within CN codes ex 8427 90 00 (TARIC
codes 8427 90 00 11 and 8427 90 00 19) and ex 8431 20 00
(25) The investigation will be concluded, pursuant to
(TARIC codes 8431 20 00 11 and 8431 20 00 19) and orig
Article 11(5) of the basic Regulation, within nine
inating in the People’s Republic of China, produced and sold
months of the date of the publication of this Regulation
for export to the Union by Ningbo Logitrans Handling
in the Official Journal of the European Union.
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-
J. PROCESSING OF PERSONAL DATA
dumping duty should be imposed.
(26) It
is
noted
that
any
personal
data
collected
in
this
inves
tigation will be treated in accordance with Regulation
(EC) No 45/2001 of the European Parliament and of
For the purpose of this Regulation, hand pallet trucks shall be
the Council of 18 December 2000 on the protection
trucks with wheels supporting lifting fork arms for handling
of individuals with regard to the processing of personal
pallets, designed to be manually pushed, pulled and steered,
data by the Community institutions and bodies and on
on smooth, level, hard surfaces, by a pedestrian operator
the free movement of such data ( 1 ).
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
K. HEARING OFFICER
loads in order to place them higher or assist in storage of loads
(27) Interested
parties
may
request
the
intervention
of
the
(highlifters); (ii) to stack one pallet above the other (stackers);
Hearing Officer of the Directorate-General for Trade.
(iii) to lift the load to a working level (scissorlifts); or (iv) to lift
The Hearing Officer acts as an interface between the
and to weigh the loads (weighing trucks).
interested parties and the Commission investigation
services. The Hearing Officer reviews requests for access
to the file, disputes regarding the confidentiality of docu
Article 2
ments, requests for extension of time limits and requests
by third parties to be heard. The Hearing Officer may
The anti-dumping duty imposed by Implementing Regulation
organise a hearing with an individual interested party and
(EU) No 1008/2011 as amended by Implementing Regulation
(EU) No 372/2013 is hereby repealed with regard to the
( 1 ) OJ L 8, 12.1.2001, p. 1.
imports identified in Article 1 of the present Regulation.

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L 10/14
EN
Official Journal of the European Union
15.1.2014
Article 3
6. Interested
parties
providing
‘Limited’
information
are
required to furnish non-confidential summaries of it pursuant
The Customs authorities shall, pursuant to Article 11(4) and
to Article 19(2) of the basic Regulation, which will be labelled
Article 14(5) of Regulation (EC) No 1225/2009, take the appro
‘For inspection by interested parties’. These summaries should
priate steps to register the imports into the Union identified in
be sufficiently detailed to permit a reasonable understanding of
Article 1 of this Regulation.
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
Registration shall expire nine months following the date of
format and quality, such confidential information may be
entry into force of this Regulation.
disregarded.
Article 4
7. Interested
parties
are
required
to
make
all
submissions
and
requests in electronic format (non-confidential submissions via
1. Interested
parties,
if
their
representations
are
to
be
taken e-mail, confidential ones on CD-R/DVD), and must indicate
into account during the investigation, must make themselves
their name, address, e-mail address, telephone and fax
known by contacting the Commission, present their views in
numbers. However, any Powers of Attorney, signed certifi
writing and submit a reply to the questionnaire indicated in
cations, and any updates thereof, accompanying MET claim
recital (12) of this Regulation or any information to be taken
forms or questionnaire replies must be submitted on paper,
into account within 37 days from the date of entry into force of
i.e. by post or by hand, at the address below. For further
this Regulation, unless otherwise specified.
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.
2. Interested parties may also apply to be heard by the
eu/trade/tackling-unfair-trade/trade-defence
Commission within the same 37-day time-limit.
Commission address for correspondence:
3. A
duly
substantiated
claim
for
market
economy
treatment
must reach the Commission within 37 days of the date of the
European Commission
entry into force of this Regulation.
Directorate-General for Trade
Directorate H
Office: N105 08/020
4. Parties
to
the
investigation
wanting
to
comment
on
the 1049 Bruxelles/Brussel
appropriateness of Brazil, which is envisaged as a market
BELGIQUE/BELGI
economy third country, must submit their comments within
10 days of the date of entry into force of this Regulation.
E-mail: TRADE-HPT-DUMPING@ec.europa.eu
5. All written submissions, including the information
Article 5
requested in this Regulation, completed questionnaires and
correspondence provided by interested parties for which
This Regulation shall enter into force on the day following that
confidential treatment is requested shall be labelled ‘Limited’ ( 1 ).
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, 14 January 2014.
For the Commission
The President
José Manuel BARROSO
( 1 ) A ‘Limited’ document is a document which is considered confidential
pursuant to Article 19 of Council Regulation (EC) No 1225/2009
(OJ L 343, 22.12.2009, p. 51) and Article 6 of the WTO Agreement
on Implementation of Article VI of the GATT 1994 (Anti-Dumping
Agreement). It is also a document protected pursuant to Article 4 of
Regulation (EC) No 1049/2001 of the European Parliament and of
the Council (OJ L 145, 31.5.2001, p. 43).

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