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15.12.2011 Official
Journal
of
the
European
Union
L
332/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 1306/2011
of 12 December 2011
clarifying the scope of the definitive anti-dumping duties imposed by Regulation (EC) No 261/2008
on imports of certain compressors originating in the People’s Republic of China
THE COUNCIL OF THE EUROPEAN UNION,
of China (‘measure concerned’ and or ‘definitive Regu
lation’). The measure concerned expired on 21 March
2010 ( 4 ).
Having regard to the Treaty on the Functioning of the European
Union,
2. Reopening of the original investigation
(3) The
original
investigation
was
reopened
on
the
Having regard to Council Regulation (EC) No 1225/2009 of
Commission’s own initiative after some importers of
30 November 2009 on protection against dumped imports
compressors originating in the People’s Republic of
from countries not members of the European Community (
China (‘the PRC’) have raised concerns on the anti-

1 )
(‘the basic Regulation’) and in particular Article 9 and
dumping duties applicable to imports of so-called mini-
Article 14, paragraph 3 thereof,
compressors, i.e. compressors without a tank, capable of
operating on a 12 V power supply (‘mini-compressors’).
Having regard to the proposal submitted by the European
Commission (‘the Commission’) after having consulted the
(4) Although
mini-compressors
fall
within
the
literal
defi
Advisory Committee,
nition of the product concerned as specified by
Article 1 of the definitive Regulation, the information
at the Commission’s disposal indicated that mini-
compressors appear to be distinct from the other
Whereas:
compressors subject to the measure concerned (‘other
compressors subject to the measure concerned’).
A. PROCEDURE
(5) Therefore,
it
was
considered
appropriate
to
partially
1. Original investigation and anti-dumping duty
reopen the investigation as far as a clarification of the
scope of the product is concerned, with the conclusion
(1) On
21
December
2006,
the
Commission
announced,
by
thereon possibly having retroactive effect as of the date
a notice published in the Official Journal of the European
of the imposition of the measure concerned.
Union ( 2 ), the initiation of an anti-dumping proceeding
with regard to imports of certain compressors originating
in the People’s Republic of China (‘the original investi
gation’).
3. Present investigation
(6) After consulting the Advisory Committee, the
Commission announced by a notice published in the
(2) The
Council,
by
Regulation
(EC)
No
261/2008
( 3 ),
Official Journal of the European Union ( 5 ) the partial
imposed a definitive anti-dumping duty on imports of
reopening of the anti-dumping investigation concerning
certain compressors originating in the People’s Republic
imports of certain compressors originating in the PRC
initiated pursuant to Article 5 of the basic Regulation.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ C 314, 21.12.2006, p. 2.
( 4 ) OJ C 73, 23.3.2010, p. 39.
( 3 ) OJ L 81, 20.3.2008, p. 1.
( 5 ) OJ C 98, 30.3.2011, p. 22.

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L 332/2
EN
Official Journal of the European Union
15.12.2011
(7) The
Commission
officially
advised
all
the
parties
that
C. RESULTS OF THE INVESTIGATION
cooperated in the original investigation as well as the
authorities of the PRC of the initiation of the proceeding.
1. Methodology
Interested parties were given an opportunity to make
their views known in writing and to request a hearing
(15) In order to assess whether mini-compressors are covered
within the time limit set in the notice of initiation.
by the product definition of Article 1 of the definitive
Regulation, it was examined whether mini-compressors
and other compressors subject to the measure concerned
shared the same basic physical and technical char
acteristics and end-uses. In this regard, the interchange
(8) All
interested
parties,
who
so
requested
and
showed
that
ability between mini-compressors and other compressors
there were particular reasons why they should be heard,
subject to the measure concerned in the Union was also
were granted a hearing.
assessed. In addition, it was examined whether the
original investigation actually covered and analysed
mini-compressors.
(9) Submissions
were
received
from
15
interested
parties,
including 11 importers of mini-compressors, one EU
2. Basic physical and technical characteristics
producer and one Chinese exporter of mini-compressors,
one EU producer of compressors (one of the
(16) The
present
reopened
investigation
established
that
mini-
complainants in the original investigation) and its
compressors consist of an electric motor that drives a
related exporter of compressors from the PRC.
pump which continuously pushes air out through the
connected air hose with varying air pressure. Mini-
compressors are not equipped with a tank, typically do
not have a pressure regulator and are capable of
(10) Given that the present reopening of the investigation is
operating on a 12 V direct current power supply. They
limited to the clarification of the product scope definitive
are relatively small and their weight would normally not
Regulation, no investigation period was set for the
exceed 2-3 kg as they need to be easily portable. Mini-
purpose of this partial reopening.
compressors have a maximum operating time (normally
up to 20 minutes) and give an airflow normally not
exceeding 50 l/min.
(11) All interested parties were informed of the essential facts
and considerations on the basis of which the present
(17) On the other hand, the definitive Regulation, further to
conclusions were reached. In accordance with
the definition in its Article 1 and repeated in recital 12
Article 20(5) of the basic Regulation, parties were
above, contains detailed information about other
granted a period within which they can make represen
compressors subject to the measure concerned. In
tations subsequent to the disclosure. The oral and written
particular, in recital 17, the definitive Regulation
comments submitted by the parties were considered and,
specified that ‘A compressor is typically made up of a
where appropriate, the findings have been modified
pump, driven by an electric motor either directly or
accordingly.
through a belt mechanism. In most cases the pressurised
air is pumped into a tank and exits through a pressure
regulator and a rubber hose. Compressors, in particular
the larger ones, can have wheels to make them mobile’.
B. PRODUCT UNDER INVESTIGATION
The tank and pressure regulator in such compressors
provide for a steady airflow. Normally, such compressors
(12) The product under investigation is the same as defined in
are relatively big and their weight would be of at least
Article 1 of the definitive Regulation, i.e. reciprocating
25 kg and often more. They are designed to work with
compressors (excluding reciprocating compressor
alternating current of 120 V and above, they have no
pumps), giving a flow not exceeding 2 cubic metres
limited working time and give airflow of up to
per minute.
2 000 l/min.
(18) Consequently,
it
is
concluded
that
mini-compressors
and
(13) The product is currently falling within CN codes
other compressors subject to the measure concerned do
ex 8414 40 10, ex 8414 80 22, ex 8414 80 28 and
not share the same basic physical and technical char
ex 8414 80 51.
acteristics.
3. Basic end-uses and interchangeability
(14) The
present
reopening
of
the
investigation
was
intended
to determine whether so-called mini-compressors, i.e.
(19) The
present
reopened
investigation
established
that
mini-
compressors without a tank and capable of operating
compressors are predominantly used in automotive
on a 12 V power supply, are covered by the product
sector and are designed to inflate tyres and are often
definition of Article 1 of the definitive Regulation.
sold as part of a tyre-repair-kit together with a sealant

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EN
15.12.2011 Official
Journal
of
the
European
Union
L
332/3
that can be pumped into a punctured tyre. Some mini-
(26) Given
the
above,
it
is
concluded
that
mini-compressors
compressors are also used as a household application
were not investigated in the framework of the original
inflating toys, balls, air mattresses or other inflatable
investigation.
objects.
(20) On the other hand the definitive Regulation specified in
D. CONCLUSION ON THE PRODUCT SCOPE
recital 19 that ‘The product concerned is used for driving
air-powered tools or for spraying, cleaning, or inflating
(27) The
above
findings
show
that
mini-compressors
and
other compressors subject to the measure concerned do
tyres and other objects’. Such compressors can be used
not share the same basic physical and technical char
for some semi-professional activities or in the ‘do-it-
acteristics and end-uses. They have different end-uses,
yourself’ segment for driving air-powered tools or for
target different markets and are in principle not inter
spraying or painting or cleaning. Those applications are
changeable. In addition, mini-compressors were not
possible due to a steady flow of air that can be regulated.
investigated in the framework of the original investi
Such a feature is not provided for in mini-compressors.
gation. On this basis, it is concluded that mini-
compressors and other compressors are two different
products.
(21) The
information
gathered
showed
that
mini-compressors
are normally priced at a level significantly lower than
that for other compressors. Mini-compressors are
intended for different customers and are distributed via
(28) Almost
all
parties
that
came
forward
in
the
present
different channels than other compressors subject to the
reopened investigation requested that mini-compressors
measure concerned. Moreover, while mini-compressors
should be excluded from the product scope of the
are normally sold as part of a tyre repair kit (replacing
original measure.
a spare tyre) either together with a car or in specialist
automotive shops or in supermarkets (for alternative uses
like inflating toys), other compressors subject to the
measure concerned are normally to be found only in
specialist ‘do-it-yourself’ shops.
(29) On the other hand, the cooperating EU producer of mini-
compressors argued that the original measure
encompassed its products and that it rightfully
protected its interests. Consequently, it claimed that
(22) Given the above, it is concluded that mini-compressors
anti-dumping duty should be collected on mini-
and other compressors subject to the measure concerned
compressors retroactively and in the future, as the
have different end-uses, target different markets and are
injurious dumping of mini-compressors continues to
in principle not interchangeable.
take place.
4. Product investigated in the original investigation
(30) In
this
regard,
it
is
noted
that
neither
this
producer
nor
(23) None
of
the
parties
that
cooperated
in
the
original
inves
any other producer of mini-compressors cooperated in
tigation (three EU producers, 14 exporting producers in
the original investigation. Further, as concluded above in
the PRC and one unrelated importer in the EU) was
recital 26, mini-compressors were not investigated at the
involved in manufacturing and/or trading mini-
time of the original investigation. It is also noted that as
compressors. It is apparent from the original investi
established by the present reopened investigation
gation that the relevant information was at that time
significant differences exist between mini-compressors
not collected with regard to mini-compressors.
and compressors investigated in the original investi
gation. Consequently, the position of the said EU
producer of mini-compressors cannot alter the findings
in the present reopened investigation.
(24) Thus,
it
seems
that
although
mini-compressors
were
not
explicitly excluded, the investigation at that time did not
intend to include mini-compressors.
(31) With
regard
to the
claim about continued injurious
dumping of mini-compressors and possible imposition
of anti-dumping measures, it should be noted that, as
(25) This is also confirmed by the statement of one of the
explained in recitals 23 to 26 above, mini-compressors
complainants in the original investigation. Following a
were not investigated in the original investigation and
request from the Commission, it clearly stated that in
that a determination whether injurious dumping took
its view mini-compressors were not meant to be
or is taking place cannot be addressed by the present
covered by the complaint and the resulting anti-
reopened investigation, which is limited to the clarifi
dumping proceeding.
cation of the product scope of the original measure.

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L 332/4
EN
Official Journal of the European Union
15.12.2011
(32) Following disclosure, the EU producer of mini-
261/2008 on imports of mini-compressors originating in
compressors repeated his position and suggested that
the PRC should be repaid or remitted. The repayment or
the retroactive exclusion of mini-compressors from the
remission must be requested from national customs
measures would result in retroactive fortification of their
authorities in accordance with applicable customs legis
competitors in the PRC and would distort the
lation. Moreover, in order to avoid that the importers
competition.
concerned could not claim such repayment due to the
deadlines in that legislation, in case those deadlines have
expired before or on the date of publication of this
Regulation, or if they expire within six months after
(33) In
this
regard,
it
is
reiterated
that
the
reopened
investi
that date, they are hereby extended so as to expire six
gation did not analyse the market situation for mini-
months after the date of publication of this Regulation,
compressors and did not envisage doing so. It simply
aimed at clarifying if mini-compressors are different
from the compressors investigated in the original inves
tigation. The outcome is also not supposed to distort any
market situation but to provide clarity with regard to
HAS ADOPTED THIS REGULATION:
applicable duties.
(34) Following disclosure, one cooperating importer was
Article 1
suggesting that mini-compressors are in fact only
pumps and any duty on compressors is per definition
Article 1(1) of Regulation (EC) No 261/2008 shall be replaced
not applicable to pumps that were explicitly excluded
by the following:
from the product scope of the original measure.
(35) In
this
respect,
it
should
be
noted
that
the
present
‘1. A
definitive
anti-dumping
duty
is
hereby
imposed
on
reopened investigation does not support such an inter
imports of reciprocating compressors (excluding recip
pretation and that mini-compressors are clearly — from
rocating compressor pumps), giving a flow not exceeding
a technical point of view — compressors as they move
2 cubic metres per minute, falling within CN codes
the air from one place to another (as pumps do) but also
ex 8414 40 10,
ex 8414 80 22,
ex 8414 80 28
and
compress the air in the object that they are connected to.
ex 8414 80 51,
(TARIC
codes
8414 40 10 10,
8414 80 22 19,
8414 80 22 99,
8414 80 28 11,
8414 80 28 91, 8414 80 51 19 and 8414 80 51 99) and
originating in the People’s Republic of China. So-called
(36) Given the above, it is concluded that mini-compressors
mini-compressors, i.e. compressors without a tank and
(i.e. compressors without a tank and capable of operating
capable of operating on a 12 V power supply and falling
on a 12 V power supply) are distinct from compressors
within the abovementioned CN codes shall not be covered
investigated in the original investigation.
by the definitive anti-dumping duty.’.
(37) Since
mini-compressors
did
not
fall
within
the
scope
of
the original investigation the anti-dumping duty should
Article 2
not have been applied to imports of mini-compressors.
Consequently, the scope of application of the measure
For goods not covered by Article 1(1) of Regulation (EC) No
concerned should be clarified retroactively by an
261/2008 as amended by this Regulation, the definitive anti-
amendment to the definitive Regulation.
dumping duty paid or entered into the accounts pursuant to
Article 1(1) of Regulation (EC) No 261/2008 in its initial
version shall be repaid or remitted.
E. RETROACTIVE APPLICATION
(38) Since the present reopening of the investigation is limited
to the clarification of the product scope and since mini-
Repayment and remission shall be requested from national
compressors were not covered by the original investi
customs authorities in accordance with applicable customs legis
gation and the consequent anti-dumping measure, it is
lation. In cases where the time limits provided for in
considered appropriate that the findings be applied from
Article 236(2) of Council Regulation (EEC) No 2913/92 of
the date of the entry into force of the definitive Regu
12 October 1992 establishing the Community Customs
lation.
Code ( 1 ) have expired before or on the date of publication of
this Regulation, or if they expire within six months after that
date, they are hereby extended so as to expire six months after
the date of publication of this Regulation.
(39) Consequently,
any
definitive
anti-dumping
duty
paid
or
entered into the accounts pursuant to Regulation (EC) No
( 1 ) OJ L 302, 19.10.1992, p. 1.

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EN
15.12.2011 Official
Journal
of
the
European
Union
L
332/5
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the
European Union and shall apply retroactively from 21 March 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 December 2011.
For the Council
The President
S. NOWAK

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