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13.10.2011 Official
Journal
of
the
European
Union
L
268/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 1008/2011
of 10 October 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 extended to imports of hand pallet trucks and their
essential parts consigned from Thailand, whether declared as originating in Thailand or not,
following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009
THE COUNCIL OF THE EUROPEAN UNION,
(3) Following
an ex officio anti-circumvention investigation of
the anti-dumping measures, the Council, by Regulation
(EC) No 499/2009 ( 4 ), extended the definitive anti-
Having regard to the Treaty on the Functioning of the European
dumping duty applicable to ‘all other companies’
Union,
imposed by Regulation (EC) No 1174/2005 to hand
pallet trucks and their essential parts consigned from
Thailand whether declared as originating in Thailand or
not.
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 ( 1 )
(the basic Regulation), and in particular Articles 9(4) and 11
2. Request for an expiry review
paragraphs (2), (5) and (6) thereof,
(4) Following the publication of a notice of impending
expiry ( 5 ) of the definitive anti-dumping measures in
Having regard to the proposal submitted by the European
force, the Commission received on 21 April 2010 a
Commission (Commission) after consulting the Advisory
request for the initiation of an expiry review of these
Committee,
measures pursuant to Article 11(2) of the basic Regu
lation. The request was lodged by two Union producers:
BT Products AB and Lifter SRL (‘the applicants’) repre
senting a major proportion, in this case almost the total
Whereas:
Union production of hand pallet trucks and their
essential parts.
A. PROCEDURE
1. Measures in force
(5)
The request was based on the grounds that the expiry of
the measures would be likely to result in a continuation
(1) The
Council,
following
an
anti-dumping
investigation
or recurrence of dumping and injury to the Union
(‘the original investigation’), by Regulation (EC) No
industry.
1174/2005 ( 2 ), imposed, a definitive anti-dumping duty
on imports of hand pallet trucks and their essential parts
currently falling within CN code ex 8427 90 00 and
ex 8431 20 00 originating in the People’s Republic of
China (‘the definitive anti-dumping measures’). The
3. Initiation of an expiry review
measures took the form of an ad valorem duty ranging
(6) Having
determined,
after
consulting
the
Advisory
between 7,6 % and 46,7 %.
Committee, that sufficient evidence existed for the
initiation of an expiry review, the Commission
announced on 20 July 2010, by a notice published in
(2) The
Council,
following
an ex officio product scope interim
the Official Journal of the European Union ( 6 ) (‘the Notice of
review, by Regulation (EC) No 684/2008 ( 3 ), clarified the
initiation’), the initiation of an expiry review pursuant to
product scope of the original investigation.
Article 11(2) of the basic Regulation.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 4 ) OJ L 151, 16.6.2009, p. 1.
( 2 ) OJ L 189, 21.7.2005, p. 1.
( 5 ) OJ C 70, 19.3.2010, p. 29.
( 3 ) OJ L 192, 19.7.2008, p. 1.
( 6 ) OJ C 196, 20.7.2010, p. 15.

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Official Journal of the European Union
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4. Investigation
Union producers
4.1. Investigation period
— Lifter SRL, Casole d’Elsa, Italy,
(7) The
investigation
of
continuation
or
recurrence
of
— BT Products AB, Mjlby, Sweden.
dumping covered the period from 1 July 2009 to
30 June 2010 (‘the review investigation period’ or
‘RIP’). The examination of the trends relevant for the
assessment of the likelihood of a continuation or
B. PRODUCT CONCERNED AND LIKE PRODUCT
recurrence of injury covered the period from 1 January
2007 to the end of the review investigation period (‘the
(13) The
product
concerned
by
this
review
is
the
same
as
the
period considered’).
one in the original investigation and clarified by the
product scope interim review, namely hand pallet
trucks and their essential parts, i.e. chassis and hydraulics,
originating in the PRC, currently falling within CN codes
4.2. Parties concerned by the investigation
ex 8427 90 00 and ex 8431 20 00. For the purpose of
(8) The
Commission
officially
advised
the
applicants,
this Regulation, hand pallet trucks shall be trucks with
exporting producers, importers, users known to be
wheels supporting lifting fork arms for handling pallets,
concerned, and the representatives of the exporting
designed to be manually pushed, pulled and steered, on
country of the initiation of the expiry review. Interested
smooth, level, hard surfaces, by a pedestrian operator
parties were given the opportunity to make their views
using an articulated tiller. The hand pallet trucks are
known in writing and to request a hearing within the
only designed to raise a load, by pumping the tiller, to
time limit set out in the Notice of initiation.
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
(9) All
interested
parties,
who
so
requested
and
showed
that
stack one pallet above the other (stackers); (iii) to lift
there were particular reasons why they should be heard,
the load to a working level (scissorlifts); or (iv) to lift
were granted a hearing.
and to weigh the loads (weighing trucks).
(10) In view of the apparent large number of unrelated
(14) The
investigation
confirmed
that,
as
in
the
original
inves
importers, it was considered appropriate, in accordance
tigation, the product concerned and the products manu
with Article 17 of the basic Regulation, to examine
factured and sold on the domestic market in the PRC, as
whether sampling should be used. In order to enable
well as those manufactured and sold in the EU by the
the Commission to decide whether sampling would be
Union producers, have the same basic physical and
necessary and, if so, to select a sample, the above parties
technical characteristics as well as the same uses and
were requested, pursuant to Article 17 of the basic Regu
are, therefore, considered to be like products within the
lation, to make themselves known within 15 days of the
meaning of Article 1(4) of the basic Regulation.
initiation of the reviews and to provide the Commission
with the information requested in the Notice of initiation.
However, no unrelated importers came forward to
cooperate. Sampling was therefore not necessary.
C. LIKELIHOOD OF CONTINUATION OR RECURRENCE
OF DUMPING
(15) In
accordance
with
Article
11(2)
of
the
basic
Regulation,
(11) The
Commission
sent
questionnaires
to
all
parties
known
it was examined whether the expiry of the existing
to be concerned and to those who made themselves
measures would be likely to lead to a continuation or
known within the deadlines set in the Notice of
recurrence of dumping.
initiation. Replies were received from the two groups
of Union producers which are the applicants. None of
the known exporting producers in the People’s Republic
of China (PRC) cooperated in the review. None of the
1. Preliminary remarks
importers came forward during the sampling exercise and
no other importers or users supplied the Commission
(16) Nineteen known Chinese exporting producers were
with any information or made themselves known in
contacted upon initiation. Only one company, Crown
the course of the investigation.
Equipment (Suzhou), initially came forward and agreed
to be included in the sample, but withdrew its coop
eration subsequently. Consequently, none of the
exporting producers in the PRC cooperated with the
(12) The
Commission
sought
and
verified
all
the
information
investigation and findings on the likelihood of
it deemed necessary for a determination of the likelihood
continuation or recurrence of dumping had to be based
of continuation or recurrence of dumping and resulting
on facts available, in particular information submitted by
injury and of the Union interest. Verification visits were
the applicants, including information in the review
carried out at the premises of the following interested
request, Eurostat data, as well as official export statistics
parties:
of the PRC.

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2. Dumping of imports during the RIP
2.3. Export price
2.1. Analogue country
(21) In
view
of
the
fact
that
no
cooperation
was
obtained
from the Chinese exporting producers, the export price
(17) In accordance with the provisions of Article 2(7)(a) of the
was established on the basis of facts available. Different
basic Regulation, normal value had to be determined on
sources of information were consulted in order to
the basis of the price or constructed normal value
establish the export price: Eurostat data, offers of
obtained in an appropriate market economy third
Chinese exporting producers as submitted by the
country (the analogue country), or the price from the
applicants and export invoices collected from Member
analogue country to other countries, including the
States’ customs authorities.
Union, or, where those are not possible, on any other
reasonable basis, including the price actually paid or
payable in the Union for the like product, duly
adjusted if necessary to include a reasonable profit
2.4. Comparison
margin.
(22) The
weighted
average
normal
value
was
compared
with
the weighted average export price, on an ex-works basis,
at the same level of trade. In accordance with
(18) In the original investigation, Canada served as an
Article 2(10) of the basic Regulation, and for the
analogue country for the purposes of establishing
purpose of ensuring a fair comparison, differences in
normal value. Given that production in Canada had
factors affecting price and price comparability were
ceased, Brazil was envisaged as analogue country in the
taken into account. Adjustments were made for ocean
notice of initiation of the present review. However, none
and domestic freight in the exporting country, as well
of the known Brazilian exporting producers agreed to
as insurance.
cooperate. Alternatively, cooperation was sought from
27 Indian producers and two Taiwanese producers, but
similarly no cooperation could be obtained. Interested
parties have not put forward any other suggestions for
2.5. Dumping margin
an analogue country.
(23) In
accordance
with
Article
2(11)
of
the
basic
Regulation,
the dumping margin was established on the basis of a
comparison of the weighted average normal value with
the weighted average export price. This comparison
(19) One non-cooperating exporter claimed that the
Commission did not demonstrate that the use of
showed the existence of significant dumping during the
analogue country data was impossible in the current
RIP ranging from 97 % to 224 %. The significant
case. The suggestions given by the company have been
difference in dumping margins is due to the different
checked. In some cases companies proposed by the non-
data used for establishing the export price.
cooperting exporter appeared not to be a producer of the
product concerned. The company also suggested that
Vietnam could have been used as an analogue country.
3. Development of imports should measures be
However, Vietnam could not be taken into account
repealed
because it is not considered as a market economy

country. As explained in recitals 17 and 18 above, the
(24) Further to the analysis of the existence of dumping
Commission contacted a large number of companies in
during the RIP, the likelihood of continuation of
three potential analogue countries: Brazil, India and
dumping should measures be repealed was investigated.
Taiwan. Despite these efforts no cooperation was
Given the fact that no exporting producer in the PRC
obtained. Without any analogue country cooperation,
cooperated in this investigation, the conclusions below
in compliance with Article 2(7)(a) of the basic Regu
rely on facts available in accordance with Article 18 of
lation, the normal value had to be based on the price
the basic Regulation, namely information provided in the
actually paid or payable in the European Union for the
review request as well as data provided by the applicants,
like product, duly adjusted if necessary to include a
Eurostat data and official export statistics of the PRC.
reasonable profit margin. Therefore the claim had to be
rejected.
(25) In
this
respect,
the
following
elements
were
analysed:
development of imports from the PRC, spare capacity
2.2. Normal value
of the exporters and attractiveness of the Union
market, Chinese domestic prices and export prices to
(20) In view of lack of cooperation from an analogue country
third countries.
in the present review, the price actually paid or payable
in the Union for the like product duly adjusted if
necessary to include a reasonable profit margin, was
used as a basis to establish normal value. The same
3.1. Development of imports from the PRC
methodology was used for both the company that
received MET in the original investigation as well as for
(26) The
Chinese
exporting
producers
continued
to
supply
the companies not granted MET in the original investi
significant volumes of hand pallet trucks to the Union
gation.
market following the imposition of the measures in

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Official Journal of the European Union
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2005. The volume of imports from the PRC into the EU
(32) Chinese
export
prices
to
the
EU
are
considerably
higher
during the RIP, nearly 400 000 units, corresponding to
than Chinese export prices to the USA (17 % more
99 % of total EU imports, considerably exceeded the
expensive during the RIP). Given the non-cooperation
levels noted prior to the imposition of measures
from Chinese exporters, it cannot be determined to
(ranging from 118 000 units in 2000 to 280 000
what extent this price difference can be explained by
units in the original IP).
differences in the product mix. Nevertheless, on the
basis of the export data available, it cannot be excluded
that hand pallet trucks currently exported to the USA at
lower prices would be (partly) redirected to the Union
3.2. Spare capacity of the exporters
market should measures be repealed. Such a development
could be explained by the reasons mentioned in recital
(27) In the absence of other sources of information
31 above.
concerning production and capacity in the PRC, the
analysis was made in accordance with Article 18 of the
basic Regulation on the basis of information submitted
by the applicants. The market information contained in
the review request, which has not been challenged by the
(33) The
above
price
comparisons
demonstrate
that
the
EU
interested parties, points to a huge capacity in the PRC.
remains a highly attractive destination for the Chinese
Already the production levels in 2008 and 2009,
exporting producers, which would in all likelihood
respectively 1,5 million units and 800 000 units, were
continue to export large quantities of hand pallet
more than twice the size of the entire Union market.
trucks at low prices.
In addition, only a limited fraction of Chinese production
(14 % in 2008 and 23 % in 2009) was sold on the
Chinese domestic market.
3.4. Conclusion of the likelihood of continuation or recurrence
of dumping
(28) The
levels
of
production
clearly
point
to
the
conclusion
(34) The foregoing analysis demonstrates that Chinese
that in the absence of measures, significant additional
imports continued to enter the Union market at
quantities of Chinese hand pallet trucks could be
dumped prices with very high dumping margins. Given
directed to the Union market.
most notably the analysis of price levels on the EU and
other third country markets as well as capacities available
in the PRC, it can be concluded there is a likelihood of
continuation of dumping should measures be removed.
3.3. Attractiveness of the Union market, Chinese domestic
prices and export prices to third countries
(29) The
Union market remains to be attractive
for the
D. DEFINITION OF THE UNION INDUSTRY
Chinese exporting producers in terms of prices. Imports
from the PRC entered the EU at roughly one third of the
1. Union production
prices charged by the Union industry to its unrelated EU
customers.
(35) Within the Union, the like product is manufactured by
the two groups of companies which are the applicants, as
well as by a third Union producer of hand pallet trucks.
The output of these companies constitutes the total
(30) Based
on
the
Chinese
export
statistics,
it
was
found
that
Union production of the like product within the
during the RIP the Union was the destination for 40 % of
meaning of Article 4(1) of the basic Regulation.
all Chinese exports of hand pallet trucks. The USA is the
second largest export market for Chinese hand pallet
trucks, accounting for 20 % of all Chinese exports,
while the remaining volumes are fragmented among
2. Union industry
different destinations.
(36) Since these producers account for the total Union
production of hand pallet trucks and their essential
parts, they are deemed to constitute the Union industry
(31) Chinese
export
prices
to
the
EU
are
overall
in
line
with
within the meaning of Article 4(1) and Article 5(4) of the
the average Chinese export prices to all third countries
basic Regulation and will hereinafter be referred to as the
except the USA. However, it can be concluded that at
‘Union industry’.
least part of the Chinese exports to third countries other
than the EU or the USA (40 % of total Chinese exports)
could potentially be redirected to the EU should
measures be repealed. Such a development is likely not
(37) One
non-cooperating exporter claimed that that the
only because higher prices could be achieved in the
Commission has used an inaccurate definition of the
absence of measures but notably because of the fragmen
Union industry because it included a non-cooperating
tation of those third country exports. Given the
Union producer under the definition of Union industry
importance of the Union market and already established
and in the scope of its injury analysis. They argued that
sales channels, it would be easier to handle one export
this was done in violation of Article 5(4) of the basic
destination instead of different countries.
Regulation. However, pursuant to Article 4(1) of the

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basic Regulation, the Union industry includes Union
Table 2
producers of the like product as a whole. The non-coop
erating producer therefore forms part of the Union
2007 2008 2009 RIP
industry according to the basic Regulation. As
explained in recital 42, data for the non-cooperating
Volume of
612 222 522
573 300
222 387
907
Union producer have only been included with respect
imports from the
to the analysis of sales volumes to unrelated customers
country
and market shares of the Union industry. It is also noted
concerned
that in case the non-cooperating Union producer was
(pieces) (*)
excluded from the analysis, the findings of the investi
gation would remain unchanged.
Index (2007 = 100) 100 85 49 63
Market share of
78 % 80
% 78
% 83
%
imports from the
E. SITUATION ON THE UNION MARKET
country
concerned (*)
1. Preliminary remark
(38) Given
that
no
Chinese
exporting
producer
of
the
product
Price of imports
96 92 100 97
concerned cooperated in this investigation, data relating
from the country
to imports of the product concerned into the European
concerned
Union originating in the PRC (‘the country concerned’)
(EUR/piece) (*)
are based on Eurostat figures.
Index (2007 = 100) 100 96 104 101
(*) Data from Eurostat. In 2007 and 2008, a part of Chinese products
2. Consumption in the Union market
were declared with Thai origin, until the imposition of anti-
circumvention measures on imports from Thailand in 2008.
Therefore, those Thai imports were added to the imports from the
(39) Union
consumption
was
established
on
the
basis
of
the
country concerned, slightly affecting the 2007 and 2008 data in Table
sales volumes of the Union industry on the Union
2 above.
market and import data from Eurostat.
4. Economic situation of the Union industry
(40) Between 2007 and the RIP, Union consumption
decreased by 40 %, with the main decrease occurring
(42) Pursuant
to
Article
3(5)
of
the
basic
Regulation,
the
between 2008 and 2009.
Commission examined all relevant economic factors
and indices having a bearing on the state of the Union
industry. For confidentiality reasons (only two producers
— the applicants — cooperated in the review) only
Table 1
indices are disclosed below. As concerns the total EU
sales volume to unrelated customers as well as the
market share of the Union industry shown in Tables 6
2007 2008 2009 RIP
and 7 below, in order to be consistent with Tables 1 and
Total EU
783 330 654
843 385
410 468
557
2 above (consumption and Chinese market share), the
consumption
data are based on all three Union producers, i.e.
(pieces)
including the two applicant groups and the third manu
facturer not cooperating in the review (the sales volume
Index (2007 = 100) 100 84 49 60
figures of the latter are based on the information
submitted by the applicants).
3. Volume, market share and prices of imports from
4.1. Production
the PRC
(43) In
the
RIP,
production
decreased
by
35
%
compared
to
(41) The
volume of imports originating in the PRC has
2007.
decreased by 37 % over the period considered and
reached a level of 387 907 pieces during the RIP.
However, notwithstanding the significant decrease in
Union demand, the market share of Chinese imports
Table 3
increased over the period considered since Chinese
imports did not decrease at the same rate as Union
2007 2008 2009 RIP
consumption. The market share of imports from the
country concerned therefore significantly increased
Production (pieces)
between 2007 and the RIP, when it reached around
83 %. The average price of the Chinese imports have
Index (2007 = 100) 100 84 55 65
slightly varied over the period considered.

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4.2. Capacity and capacity utilisation rates
between 2007 and the RIP. Two of the four Union
producers of the original investigation have stopped
(44) Production
capacity
remained
stable
between
2007
and
manufacturing hand pallet trucks. Both events can be
the RIP. While capacity utilisation was already at a low
seen as developing from the increased pressure that the
level in 2007, the decrease in production between 2007
Chinese dumped imports have been exercising on the
and the RIP led to a further significant decrease of
Union market, which pressure was felt even more by
capacity utilisation by 20 percentage points between
the Union industry in a situation of strongly decreasing
2007 and the RIP where capacity utilisation was at a
consumption.
very low level.
Table 4
Table 7
2007 2008 2009 RIP
2007 2008 2009 RIP
Production capacity
Market share of the
(pieces)
Union industry
Index (2007 = 100) 100 100 100 100
Index (2007 = 100) 100 95 111 84
Capacity utilisation
4.6. Growth
Index (2007 = 100) 100 84 55 65
(48) Between 2007 and the RIP, the Union consumption
decreased by 40
%. The Union industry lost 3,2
percentage points of market share, whilst the imports
4.3. Stocks
concerned gained 5 percentage points of market share.
(45) The level of closing stocks of the Union industry
increased by 56 % between 2007 and the RIP.
4.7. Employment
Table 5
(49) The level of employment of the Union industry declined
by 17 % between 2007 and the RIP. This shows the
2007 2008 2009 RIP
efforts made by the Union industry to rationalise
production in a situation of strongly decreasing demand.
Closing stock (pieces)
Index (2007 = 100) 100 131 59 156
Table 8
2007 2008 2009 RIP
4.4. Sales volume
Employment product
concerned (persons)
(46) The sales by the Union industry on the Union market to
unrelated customers decreased by 50 % over the period
Index (2007 = 100) 100 84 76 83
considered with the largest decrease between 2008 and
2009.
Table 6
4.8. Productivity
2007 2008 2009 RIP
(50) Productivity
of
the
Union
industry’s
workforce,
measured
as output per person employed per year, decreased by
EU Sales volume to
22 % between 2007 and the RIP.
unrelated customers
(pieces)
Table 9
Index (2007 = 100) 100 79 55 50
2007 2008 2009 RIP
Productivity (pieces
4.5. Market share
per employee)

(47) The
market
share
held
by
the
Union
industry
declined
Index (2007 = 100) 100 103 74 78
from an already low level in 2007 by further 16 %

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4.9. Sales prices and factors affecting domestic prices
Table 13
(51) Unit
sales
prices
of
the
Union
industry
slightly
increased
2007 2008 2009 RIP
by 4 % between 2007 and the RIP.
Net profit of EU sales
to unrelated
Table 10
customers (% of net
sales)
2007 2008 2009 RIP
Index (2007 = 100) 100 68
– 2 34
Unit price EU market
(EUR/piece)
ROI (net profit in %
of net book value of
Index (2007 = 100) 100 101 103 104
investments)
Index (2007 = 100) 100 80
– 2 43
4.10. Wages
(52) Between 2007 and the RIP, the average wage per
4.13. Cash flow and ability to raise capital
employee decreased by 29 %. This also shows the
succesfull efforts made by the Union industry to
(56) The
net
cash-flow
from
operating
activities
is
reported
in
contain costs, despite the problems caused by the
table 14 below. There were no indications that the Union
drastic reduction in the volume of production.
industry encountered difficulties in raising capital, mainly
due to the fact that some of the producers are incor
porated in larger groups.
Table 11
2007 2008 2009 RIP
Table 14
Annual labour cost
per employee
2007 2008 2009 RIP
(thousand EUR)
Cash flow (EUR)
Index (2007 = 100) 100 91 63 71
Index (2007 = 100) 100 84 65 73
4.11. Investments
4.14. Magnitude of dumping margin
(53) Between 2007 and the RIP, the annual flow of
investments in the product concerned made by the
(57) Given
the volume, market share and prices of the
Union industry decreased sharply by 91 %.
imports from the PRC, the impact on the Union
industry of the actual margins of dumping cannot be
considered to be negligible.
Table 12
2007 2008 2009 RIP
4.15. Recovery from the effects of past dumping
Net investments
(58) The indicators
examined above show that, notwith
(EUR)
standing the imposition of the anti-dumping measures
in 2005, the economic and financial situation of the
Union industry has remained substantially fragile,
Index (2007 = 100) 100 58 27
9
because of the overwhelming presence of low priced
chinese goods in the Union market. This already
precarious situation has turned into a clearly injurious
picture during 2009 and the RIP, when a substantial
4.12. Profitability and return on investments
decrease in Union consumption has highlighted the full
extent of the negative pressure exerced by the dumped
(54) Profitability
of
the
Union
industry
decreased
substantially
chinese imports. During that period in fact, the Union
by 66 % between 2007 and the RIP.
industry has seen its production and sales volumes
decrease at a higher rate than the Union consumption
and has therefore experienced a substantial additional
(55) The return on investments (‘ROI’) decreased also
loss in market shares. Over the same period, and
significantly, by 57 % during the period considered.
despite the measures, the market share of Chinese

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imports has further increased and Chinese products have
It is therefore concluded that, despite the existence of the
continued to be imported at prices substantially lower
antid-umping measures, the Union industry has suffered
than the prices of the Union industry. During the RIP,
material injury during the RIP.
profits further decreased for the Union industry.
Therefore, the Union industry was not able to recover
from the effects of dumping and its situation has even
further deteriorated during the RIP.
5. Impact of dumped imports and other factors
5.1. Impact of the dumped imports
(62) Despite
a
decrease
in
consumption
in the
European
4.16. Conclusions
Union over the period considered, the volume of
imports from the country concerned did not decrease
(59) Between 2007 and the RIP, and notwithstanding the
existence of the anti-dumping measures, a number of
at the same rate, thereby resulting in the Chinese
important indicators developed negatively: profitability
imports further increasing their market share. In the
decreased by 4,9 percentage points, production and
absence of cooperation from Chinese exporting
sales volumes decreased by 35 % and 50 % respectively,
producers, price undercutting and underselling were
capacity utilisation went down by 35 % and was followed
calculated on the basis of best facts available, which
by a decrease in employment. Although a part of these
included various sources of information i.e. Eurostat
negative developments may be explained by the strong
data, offers from Chinese exporting producers as
decrease in consumption, which declined by 40 % over
submitted by the applicants, and export invoices
the period considered, the Union industry’s further
collected from Member States’ customs authorities. The
decrease in market share (down by 4 percentage points
imports from the country concerned were found to
between 2007 and the RIP) and the constant increase in
clearly undercut the prices of the Union industry by
market share of imports from the PRC is a clear sign of
between 43 % and 78 %, depending on the source of
the increasing pressure resulting from the dumped
information used.
Chinese imports. Given the quasi monopoly already
reached by the Chinese imports in the Union market,
any further increase of Chinese imports, also because
5.2. Imports from other countries
of their significantly low prices, may reduce the level of
production utilisation of the Union industry under the
(63) Imports from other countries are at a very low level and
minimum necessary to ensure its sustainability. In this
dropped further by 79 % between 2007 and the RIP. The
respect, it is recalled that two Union producers have been
market share of imports from other countries decreased
forced to leave the hand pallet truck business in the
during the RIP as well. For confidentiality reasons (two
course of the period considered, as already mentioned
producers are constituting the Union industry) only
at recital 47 above.
indices are disclosed below.
(60) In
its
comments
to
the
disclosure
one
Chinese
exporting
Table 15
producer claimed that certain indicators including
production, sales volume, profitability, capacity utili
2007 2008 2009 RIP
sation, employment show in fact no negative devel
opment for the Union industry. However, the company
Volume of imports
had only looked at the development between 2009 and
from other countries
the RIP while for the assessment of injury the overall
(pieces)
development of the Union industry during the period
considered, i.e. between 2007 and the RIP needs to be
Index (2007 = 100) 100 60
6 21
assessed. As explained above (see recitals 43 to 49), all
the injury indicators mentioned by the Chinese exporter
Market share of
developed in a negative direction during the period
imports from the
considered.
other countries
Index (2007 = 100) 100 71 12 34
(61) Moreover, the same exporter claimed that the
Commission did not distinguish between the injurious
effects caused by the dumped imports and other
6. Conclusion
effects, in particular the slump of demand as a result
of the economic crisis. However, while it is true that
(64) As
shown
under
recital
41
the
imports
from
the
country
Union consumption decreased by 40 % over the period
concerned have increased in terms of market share over
considered, Chinese exporters managed to significantly
the period considered, and this despite a significant drop
gain market share at the same time at the expense of
in Union consumption. This has increased the market
the Union industry. In addition, as explained in recital 58
share held by Chinese imports to 83 % of Union
above, it is recalled that the impact of dumped imports
consumption during the RIP. This increased pressure in
was actually more injurious during the period of weak
terms of volumes, despite an overall shrinking demand,
demand.
has been coupled with significantly low Chinese import

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EN
13.10.2011 Official
Journal
of
the
European
Union
L
268/9
prices to the Union, which considerably undercut the
the Union as a whole. The determination of the Union
prices of the Union industry. It is therefore concluded
interest was based on an appreciation of the various
that there is a causal link between the dumped imports
interests involved, i.e. those of the Union industry, of
from the PRC and the material injury suffered by the
importers, and of users.
Union industry during the RIP.
(70) It
should
be
recalled
that,
in
the
original
investigation,
F. LIKELIHOOD OF CONTINUATION OF INJURY
the adoption of measures was considered not to be
against the Union interest. Furthermore, the fact that
1. Preliminary remarks
the present investigation is a review, thus analysing a
situation in which anti-dumping measures have already
(65) As already seen, the imposition of anti-dumping
been in place, allows the assessment of any undue
measures has not allowed the Union industry to
negative impact on the parties concerned by the
recover from the injury suffered.
current anti-dumping measures.
2. Likely development of Chinese exports in case
(71) On
this
basis
it
was
examined
whether,
despite
the
measures are repealed
conclusions on the likelihood of a continuation of
injurious dumping, it could be clearly concluded that it
(66) As
mentioned at recital 27 above, huge production
is not in the Union interest to maintain measures in this
capacities are available in the PRC. The production
particular case.
levels in 2008 and 2009, respectively 1,5 million units
and 800 000 units, were already more than twice the
size of the entire Union market. In addition, only a
limited fraction of Chinese production (14 % in 2008
2. Interest of the Union industry
and 23 % in 2009) was sold on the Chinese domestic
market. In the absence of measures, therefore, significant
(72) The
Union
industry
has
consistently
lost
market
share
additional quantities of Chinese hand pallet trucks could
while imports from the country considered have
be directed to the Union market.
substantially increased in market share over the period
considered. Two of the original four Union producers
have stopped the production of the product investigated.
Moreover, the Union industry has suffered material injury
(67) As
mentioned
above
at
recital
31,
Chinese
export
prices
during the period considered. Without the existence of
to the EU are overall in line with the average Chinese
the measures, the Union industry would likely be in an
export prices to all third countries. However, it can be
even worse situation.
concluded that at least part of the Chinese exports to
third countries other than the EU or the USA (40 % of
total Chinese exports) could potentially be redirected to
the EU should measures be repealed. Such a development
3. Interest of importers and users
is likely not only because higher prices could be achieved
in the absence of measures but notably because of the
(73) None of unrelated importers and users that were
contacted came forward to cooperate. It is recalled that,
fragmentation of those third country exports. Given the
in the original investigation, it was found that the impact
importance of the Union market and already established
of the imposition of measures would not be significant
sales channels, it would be easier to handle one export
for the users. Despite the existence of measures for five
destination instead of bulk of different countries.
years, importers/users in the Union continued to source
their supply mainly from the PRC. No indications were
brought forward either that there have been difficulties in
3. Conclusion
finding other sources. Moreover, it is recalled that in the
original investigation cooperating users remained neutral
(68) In the light of the findings mentioned at recitals 66 and
as to the imposition of measures and it was concluded
67 above, it is concluded that there is likelihood that the
that hand pallet trucks were of a minor importance in
material injury found during the RIP will continue should
their business. No indications of the contrary were found
the measures be repealed. This is likely to lead to a
in the course of this review. It is therefore concluded that
further deterioration of the economic and financial
the maintenance of the anti-dumping measures is not
situation of the Union industry, which could even
likely to have a serious effect on importers/users in the
jepodarsie its existence in the medium term.
Union. In fact, without measures the Chinese dumped
imports could monopolise the Union hand pallet trucks
market.
G. UNION INTEREST
1. Introduction
4. Conclusion
(69) In
accordance
with
Article
21
of
the
basic
Regulation,
it
(74) Given
the
above,
it
cannot
be
clearly
concluded
that
the
was examined whether the maintenance of the existing
maintenance of the current anti-dumping measures
anti-dumping measures would be against the interest of
would not be in the Union interest.

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L 268/10
EN
Official Journal of the European Union
13.10.2011
H. ANTI-DUMPING MEASURES
production or sales entities) should be addressed to the
Commission ( 1 ) forthwith with all relevant information,
(75) All
parties
were
informed
of
the
essential
facts
and
in particular any modification in the company’s activities
considerations on the basis of which it was intended to
linked to production, domestic and export sales
recommend that the existing measures be maintained.
associated with, for instance, that name change or that
They were also granted a period to submit comments
change in the production and sales entities. If appro
subsequent to that disclosure. The submissions and
priate, the Regulation will then be amended accordingly
comments were duly taken into consideration where
by updating the list of companies benefiting from indi
warranted.
vidual duty rates,
(76) In its comments to the disclosure, the Union industry
HAS ADOPTED THIS REGULATION:
stressed that the dumping and undercutting levels
found in the review are much higher than in the
original investigation and that there was increasing
Article 1
pressure from dumped Chinese imports. The Union
industry therefore submitted that the Commission
1. A
definitive
anti-dumping
duty
is
hereby
imposed
on
should also consider reassessing the level of the anti-
imports of hand pallet trucks and their essential parts, i.e.
dumping duties. In view of these comments, and also
chassis and hydraulics, currently falling within CN codes
in view of the findings of this review, consideration is
ex 8427 90 00
(TARIC
codes
8427 90 00 11
and
being given to the possibility of opening a full interim
8427 90 00 19)
and
ex 8431 20 00
(TARIC
codes
review limited to dumping.
8431 20 00 11 and 8431 20 00 19), originating in the
People’s Republic of China. 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,
(77) It
follows
from
the
above
that,
as
provided
for
by
pulled and steered, on smooth, level, hard surfaces, by a
Article 11(2) of the basic Regulation, the anti-dumping
pedestrian operator using an articulated tiller. The hand pallet
measures applicable to imports of hand pallet trucks and
trucks are only designed to raise a load, by pumping the tiller,
their essential parts originating in the PRC should be
to a height sufficient for transporting and do not have any
maintained. It is recalled that these measures consist of
other additional functions or uses such as for example (i) to
an ad valorem duty at different rates.
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).
(78) It is recalled that the measures subject to the current
review were extended by Regulation (EC) No 499/2009
to imports of the same product, consigned from Thailand
whether originating in Thaliand or not. No new element
2. The
rate
of
the
definitive
anti-dumping
duty
applicable
to
was brought forward in this respect in the framework of
the net free-at-Union-frontier price, before duty, for the
this review. The definitive anti-dumping duty of 46,7 %
products described in paragraph 1 and produced by the
and applicable ‘for all other companies’ to imports orig
companies listed below shall be as follows:
inating in the PRC should therefore be extended to
imports of the same product consigned from Thailand,
whether declared as originating in Thailand or not.
Company
Rate of duty
TARIC
(%)
additional code
(79) The individual company anti-dumping duty rates
Ningbo Liftstar Material Transport
32,2 A600
specified in this Regulation are solely applicable to
Equipment Factory, Zhouyi Village,
Zhanqi Town, Yin Zhou District,
imports of the product concerned produced by these
Ningbo City, Zhejiang Province,
companies and thus by the specific legal entities
315144, PRC
mentioned. Imports of the product concerned manu
factured by any other company not specifically
mentioned in the operative part of this Regulation with
Ningbo Ruyi Joint Stock Co. Ltd, 656
28,5 A601
North Taoyuan Road, Ninghai,
its name and address, including entities related to those
Zhejiang Province, 315600, PRC
specifically mentioned, cannot benefit from these rates
and shall be subject to the duty rate applicable to ‘all
other companies’.
Ningbo Tailong Machinery Co. Ltd,
39,9 A602
Economic Developing Zone, Ninghai,
Ningbo City, Zhejiang Province,
315600, PRC
(80) Any
claim
requesting
the
application
of
these
individual
anti-dumping duty rates (e.g. following a change in the
( 1 ) European Commission, Directorate-General for Trade, Directorate H,
name of the entity or following the setting up of new
1049 Brussels, BELGIUM.

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EN
13.10.2011 Official
Journal
of
the
European
Union L
268/11
currently falling within CN codes ex
8427
90
00 and
Company
Rate of duty
TARIC
(%)
additional code
ex 8431 20 00
(TARIC
codes
8427 90 00 11
and
8431
20
00
11) and consigned from Thailand, whether
Zhejiang Noblelift Equipment Joint
7,6 A603
declared as originating in Thailand or not.
Stock Co. Ltd, 58, Jing Yi Road,
Economy Development Zone,
Changxin, Zhejiang Province, 313100,
PRC
4. Unless
otherwise
specified,
the
provisions
in
force
concerning customs duties shall apply.
All other companies 46,7 A999
3. The
definitive
anti-dumping
duty
applicable
to
‘all
other
Article 2
companies’, as set out in paragraph 2, is hereby extended to
imports of hand pallet trucks and their essential parts, i.e.
This Regulation shall enter into force on the day following its
chassis and hydraulics, as further defined in paragraph 1,
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 Luxembourg, 10 October 2011.
For the Council
The President
A. KRASZEWSKI

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