HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 82/10
EN
Official Journal of the European Union
22.3.2013
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 260/2013
of 18 March 2013
extending the definitive anti-dumping duty imposed by Regulation (EC) No 1458/2007 on imports
of gas-fuelled, non-refillable pocket flint lighters originating in the People’s Republic of China to
imports of gas-fuelled, non-refillable pocket flint lighters consigned from the Socialist Republic of
Vietnam, whether declared as originating in the Socialist Republic of Vietnam or not
THE COUNCIL OF THE EUROPEAN UNION,
PRC or consigned from or originating in Taiwan with a
free-at-Community frontier, duty unpaid value per piece
below EUR 0,15.
Having regard to the Treaty on the Functioning of the European
Union,
(4) In
2001,
the
Council,
by
Regulation
(EC)
No
1824/2001 (
Having regard to Council Regulation (EC) No 1225/2009 of

5 ), confirmed the definitive anti-dumping
duties imposed by Regulation (EC) No 1006/95 as
30 November 2009 on protection against dumped imports
extended by Regulation (EC) No 192/1999 (‘existing
from countries not members of the European Community ( 1 ),
measures’) pursuant to Article 11(2) of the basic Regu
and in particular Article 13 thereof,
lation.
Having regard to the proposal from the European Commission
(5) In
2007,
the
Council,
by
Regulation
(EC)
No
after consulting the Advisory Committee,
1458/2007 ( 6 ) (‘the original Regulation’), confirmed the
definitive anti-dumping duty imposed by Regulation (EC)
Whereas:
No 1824/2001 pursuant to Article 11(2) of the basic
Regulation. These measures will hereinafter be referred
to as ‘the original measures’ and the investigation that
1. PROCEDURE
led to the measures imposed by the original Regulation
will be hereinafter referred to as ‘the original investi
1.1. Background
gation’.
(1) In
1991,
the
Council,
by
Regulation
(EEC)
No
3433/91 ( 2 ), imposed a definitive anti-dumping duty of
(6) The
Commission,
on
12
December
2012
( 7 ), published a
16,9 % on imports of gas-fuelled, non-refillable pocket
notice of expiry of the anti-dumping measures.
flint lighters originating, inter alia, in the People’s
Republic of China (‘PRC’) (the product under investi
gation).
(7) With
the
expiry
of
the
measures
on
13
December
2012,
by Commission Regulation (EU) No 1192/2012 ( 8 ), the
registration of imports of gas-fuelled, non-refillable
(2) In
1995,
by
Council
Regulation
(EC)
No
1006/95
( 3 ) the
pocket flint lighters consigned from Vietnam, whether
original ad valorem duty was replaced by a specific duty
declared as originating in Vietnam or not, was
of ECU 0,065 per lighter.
therefore discontinued from the same date (see also
recital 14).
(3) Further
to
an
investigation,
undertaken
in
accordance
with Article 13 of Regulation (EC) No 1225/2009 (the
1.2. Request
‘basic Regulation’), the above measures were extended by
Council Regulation (EC) No 192/1999 ( 4 ) to (1) imports
(8) On
17
April
2012,
the
Commission
received
a
request
of gas-fuelled, non-refillable pocket flint lighters
pursuant to Articles 13(3) and 14(5) of the basic Regu
consigned from or originating in Taiwan and (2)
lation (‘the request’) to investigate the possible circum
imports of certain refillable lighters originating in the
vention of the anti-dumping measures imposed on
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 5 ) OJ L 248, 18.9.2001, p. 1.
( 2 ) OJ L 326, 28.11.1991, p. 1.
( 6 ) OJ L 326, 12.12.2007, p. 1.
( 3 ) OJ L 101, 4.5.1995, p. 38.
( 7 ) OJ C 382, 12.12.2012, p. 12.
( 4 ) OJ L 22, 29.1.1999, p. 1.
( 8 ) OJ L 340, 13.12.2012, p. 37.

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22.3.2013 Official
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European
Union L
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imports of gas-fuelled, non-refillable pocket flint lighters
(16) Questionnaires
were
sent
to
70
exporting
producers
in
originating in the PRC and to make imports of gas-
the PRC and 15 exporting producers in Vietnam known
fuelled, non-refillable pocket flint lighters consigned
to the Commission from the request. Questionnaires
from the Socialist Republic of Vietnam (‘Vietnam’),
were also sent to 59 importers in the Union named in
whether declared as originating in Vietnam or not,
the request. Interested parties were given the opportunity
subject to registration.
to make their views known in writing and to request a
hearing within the time limit set in the initiating Regu
lation. All parties were informed that non-cooperation
(9) The
request
was
lodged
by
Société
BIC,
a
Union
producer
of gas-fuelled, non-refillable pocket flint lighters.
might lead to the application of Article 18 of the basic

Regulation and to findings being based on the facts
available.
(10) The
request
contained
sufficient
prima
facie
evidence
that
the original measures were being circumvented by means
(17) Eight
out of the 15 known exporting
producers
in
of assembly operations in Vietnam.
Vietnam came forward, one of which claimed that it
did not want to be considered as an interested party as
(11) The
request
showed
that
following
the
imposition
of
the
it did not produce the product under investigation and
original measures, a significant change in the pattern of
did not export to the Union.
trade involving exports from the PRC and Vietnam to the
Union occurred, for which there was insufficient due
(18) The
following
seven
companies
submitted
replies
to
the
cause or economic justification other than the imposition
questionnaires and verification visits were subsequently
of the original measures. This change in the pattern of
carried out at their premises:
trade stemmed allegedly from the assembly operations of
lighters in Vietnam using parts originating in the PRC.
— Viet Giai Thanh Co. Ltd, Ho Chi Minh City,
(12) Furthermore,
the
prima
facie
evidence
pointed
to
the
fact
— Hoa Hung Co. Ltd, Tay Ninh Province,
that the remedial effects of the original measures were
being undermined both in terms of quantity and price.
— Trung Lai Gas Lighter Manufacture Co. Ltd, Nghe An
The evidence showed in particular that the increased
Province,
imports from Vietnam were made at prices below the
non-injurious price established in the original investi
gation.
— Textion Plastic Co. Ltd, Binh Duong Province,
— Cherry Year Vietnam Lighter Manufacture Co. Ltd,
(13) Finally,
there
was
also
sufficient
prima
facie
evidence
that
Tay Ninh Province,
prices of gas-fuelled, non-refillable pocket flint lighters
consigned from Vietnam were dumped in relation to
the normal value established during the original investi
— Huaxing Vietnam Manufacture Co. Ltd, Tay Ninh
gation.
Province,
— Top Field Enterprises Co. Ltd, Tay Ninh Province.
1.3. Initiation


(14) Having determined, after consulting the Advisory
(19) None of the known exporting producers in the PRC
Committee, that sufficient prima facie evidence existed
came forward or submitted a questionnaire reply.
for the initiation of an investigation pursuant to
Article 13 of the basic Regulation, the Commission
(20) As
regards
importers,
eight
submitted
a
questionnaire
initiated an investigation by Commission Regulation
reply, whereas six companies came forward and
(EU) No 548/2012
( 1 ) (‘the initiating Regulation’).
claimed that they did not want to be considered as
Pursuant to Articles 13(3) and 14(5) of the basic Regu
interested parties as they did not import gas-fuelled,
lation, the Commission, by the initiating Regulation, also
non-refillable pocket flint lighters from Vietnam (the
directed the customs authorities to register imports of
product under investigation) in the Union. The
gas-fuelled, non-refillable pocket flint lighters consigned
remaining known companies did not come forward at
from Vietnam, whether declared as originating in
all.
Vietnam or not.
(21) Following the initiation of the investigation, two
1.4. Investigation
importers requested and were granted a hearing which
was held during September 2012. The importers also
(15) The
Commission
officially
advised
the
authorities
of
the
submitted their observations in writing. Their obser
PRC and Vietnam, the exporting producers in those
vations questioned the grounds of the initiation of the
countries, the importers in the Union known to be
investigation as regards the product scope, import
concerned and Société BIC (the applicant), a Union
volumes, economic justification for the changes in the
producer representing more than 75 % of the production
pattern of trade, the motivations behind the request
of gas-fuelled, non-refillable pocket flint lighters in the
and the financial situation of the Union prducer having
European Union, of the initiation of the investigation.
made the request. In the opinion of the two importers,
there were insufficient grounds to initiate an investi
( 1 ) OJ L 165, 26.6.2012, p. 37.
gation.

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L 82/12
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Official Journal of the European Union
22.3.2013
(22) The
Commission
provided
a
detailed
reply
to
the
obser
characteristics and have the same uses, and are therefore
vations and gave the parties an opportunity to comment.
to be considered as like products within the meaning of
The Commission outlined why it considered that the
Article 1(4) of the basic Regulation.
request contained sufficient prima facie evidence to
justify the initiation of the investigation. The comments
made by the two importers did not demonstrate that
there would not have been sufficient prima facie
2.3. Degree of cooperation and determination of the
evidence to justify the initiation of the investigation.
trade volumes
V i e t n a m
(28) As
stated
in
recital
18,
seven
companies
submitted
ques
1.5. Investigation period
tionnaire replies. For the RP, the total volume of lighters
(23) The investigation period covered the period from
reported as sold to the Union according to these replies
1 January 2008 to 31 March 2012 (‘the IP’). Data were
represented more than 100 % of the total volume of
collected for the IP to investigate, inter alia, the alleged
lighters reported as imported into the Union according
change in the pattern of trade. More detailed data were
to the Eurostat Comext database. Despite the fact that the
collected for the reporting period from 1 April 2011 to
information regarding sales volumes in the replies was
31 March 2012 (‘the RP’) in order to examine the
considered to be unreliable as explained in recital 29
possible undermining of the remedial effect of the
below, it is considered that this still gives an indication
measures and the existence of dumping.
that cooperation was high and that the companies inves
tigated are representative.
2. RESULTS OF THE INVESTIGATION
(29) During the verification visits carried-out at the premises
2.1. General considerations
of the seven Vietnamese exporting producers, it was
found that they had each submitted information which
(24) In
accordance
with
Article
13(1)
of
the
basic
Regulation,
could not be considered to be reliable for the purpose of
the assessment of the existence of circumvention was
establishing the findings relevant to the investigation. In
made by analysing successively whether there was a
particular, the seven companies were found to have
change in the pattern of trade between the PRC,
wrongly stated their production volumes, imports of
Vietnam and the Union; if this change resulted from a
lighter parts and total sales. It was also found that part
practice, process or work for which there was insufficient
of the business relating to the product under investi
due cause or economic justification other than the
gation was not included in the official acounts and that
imposition of the duty; if there was evidence of injury
certain assembly operations were carried out by unofficial
or that the remedial effects of the duty were being
subcontractors. Moreover, quantities of imports of parts
undermined in terms of the prices and/or quantities of
from the PRC were not declared or wrongly stated, and
the product under investigation; and whether there was
part of the sales were not accounted for in the accounts
evidence of dumping in relation to the normal values
of the companies. As a result, it has not been possible to
previously established in the original investigation, if
reliably establish, in particular, the total production and
necessary in accordance with Article 2 of the basic Regu
total sales volumes of the companies concerned, or to
lation.
reconcile the actual sale prices of the product under
investigation and the costs relating to key input
materials such as gas with the data provided in the
replies to the questionnaire.
2.2. Product concerned and the product under inves
tigation
(25) The product concerned is as defined in the original inves
(30) In view of the situation described in recital 29, the
tigation: gas-fuelled, non-refillable pocket flint lighters
exporting producers were informed that pursuant to
currently falling within CN code ex 9613 10 00 and orig
Article 18 of the basic Regulation it was envisaged to
inating in the People’s Republic of China (‘the product
base the findings and conclusions of the investigation on
concerned’).
the best facts available. Parties were given an opportunity
to comment and were granted a hearing when requested.
Each party received an individual letter outlining the
specific and detailed findings which led to the conclusion
(26) The product under investigation is the same as that
that the data provided could not be considered to be
defined in the previous recital, but consigned from
reliable and was not suitable to establish the facts
Vietnam, whether declared as originating in Vietnam or
necessary for the investigation.
not, currently falling within the same CN code as the
product concerned (‘the product under investigation’).
(31) Two
exporting
producers
did
not
provide
any
comments
on the intention to apply Article 18 of the basic Regu
(27) The
investigation
showed
that
gas-fuelled,
non-refillable
lation. The other five exporting producers, composed of
pocket flint lighters, as defined above, exported from the
two individual companies and one group of three
PRC to the Union and those consigned from Vietnam to
companies, requested and were granted a hearing which
the Union have the same basic physical and technical
was held during November 2012. These exporting

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22.3.2013 Official
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European
Union L
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producers also provided their observations in writing.
Regulation. As a consequence, in order to ensure that the
They disputed the Commission’s intention to disregard
failure of the parties to provide the information does not
the data they provided and the possible conclusion of
hinder the investigation, the Commission has replaced
the existence of circumvention based on the application
the unverifiable data provided by the Vietnamese
of the best facts available.
producers with other available data, such as the
Eurostat Comext database to determine the overall
import volumes from Vietnam into the Union, and
cost data provided in the request to determine the
(32) Four
of
the
exporting
producers
did
not
contest
the
fact
that the information they provided was not complete or
share of Chinese parts (see recital 50 below).
reliable and admitted the discrepancies in their
accounting and the fact that not all operations were
disclosed or recorded in their books. However, they
T h e P e o p l e ’ s R e p u b l i c o f C h i n a
claimed that these differences only concerned their
domestic sales and did not have any effect on their
(37) There
was
no
cooperation
from
the
Chinese
exporting
export sales. One party claimed that its records had
producers. Therefore, findings in respect of imports of
been destroyed by a fire, which explained the incom
the product concerned into the Union and exports of
pleteness of the information available. They further
gas-fuelled, non-refillable pocket flint lighters from the
claimed that the quantity of gas contained in the
PRC to Vietnam had to be made on the basis of the
lighters was wrongly estimated by the Commission and
facts available in accordance with Article 18(1) of the
that therefore the findings regarding the production
basic Regulation. UN Comtrade statistics provided in
volumes were not correct. One company claimed that a
the request were used for the determination of the
discrepancy concerning gas consumption was explained
overall exports from the PRC to Vietnam.
by intentional releases of gas during the warmer months.
These parties could not, however, provide any
substantiated evidence to support these claims.
2.4. Change in the pattern of trade
I m p o r t s o f g a s - f u e l l e d , n o n - r e f i l l a b l e
p o c k e t f l i n t l i g h t e r s i n t o t h e U n i o n
(33) The companies also stated that they were fully
cooperative and were not withholding any information
(38) Imports
of
the
product
concerned
from
the
PRC
dropped
concerning their business. They admitted to have
in 1991 when the measures were first introduced. The
provided deficient replies, but strongly contested having
imports have remained small throughout the successive
submitted false or misleading information. In their view,
modifications and extensions of the measures in 1995,
undisclosed and unverifiable data does not, of itself,
1999, 2001 and 2007.
consitute a proof of circumvention and according to
them, the Commission had not demonstrated, on the
basis of on positive evidence, that circumvention was
(39) Imports
of
lighters
from
the
PRC
between
1
January
taking place.
2008 and 31 March 2012 were relatively stable in
terms of volume, around 50 million pieces for 2008
and 2009, 70 million pieces in 2010 and 60 million in
(34) Although the companies have not themselves provided
2011 and the RP. However, they consisted only of
complete and accurate records of their activities, the
refillable models and electrical piezo lighters which
Commission has used alternative methods, such as the
were not subject to the measures.
consumption of raw materials, to reconcile the key data
provided in the questionnaire replies with the
information provided and discovered on spot. Such alter
(40) The
imports
of
the
product
under
investigation
from
native methods, even if inevitably less precise than actual
Vietnam have increased over time. While in 1997 there
records, showed that the data provided was not reliable.
were practically no imports into the Union of the
For instance, the outcome concerning production volume
product under investigation from Vietnam, since 2007
showed that the production quantities declared by the
there has been a rapid increase in the import volume
companies did not match with their consumption of
of the product under investigation.
raw materials.
(41) In
RP
imports
from
Vietnam
represented
84
%
of
all
(35) The
Commission
considers
that
the
absence
of
reliable
imports to the Union.
records, the withholding of information which is relevant
to the investigation and the submission of false or
misleading information rendered the data unreliable
Imports from Vietnam into the Union of non-refillable
following a verification process.
lighters as % of all imports
2008 2009 2010 2011 RP
(36) Given the above, findings in respect of imports of gas-
fuelled, non-refillable pocket flint lighters from Vietnam
Market share 80
% 84
% 83
% 84
% 84
%
into the Union had to be made on the basis of the facts
Source: statistics provided in the request.
available in accordance with Article 18(1) of the basic

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Official Journal of the European Union
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E x p o r t s o f l i g h t e r p a r t s f r o m t h e P R C t o
companies. The majority of cooperating Vietnamese
V i e t n a m
producers are owned by PRC and Hong Kong companies.
Also the management of the Vietnamese companies is, to
(42) Flint lighter parts
were exported from the PRC to
a large extent, composed of Chinese professionals who
Vietnam during the IP. Vietnam is the most important
have previously worked for lighter producers in the PRC.
export destination of flint lighter parts from the PRC.
According to the statistics provided in the request,
exports of lighter parts from the PRC to Vietnam have
increased significantly since 1999. In 1999, exports of
(48) The
Vietnamese
producers
import
their
lighter
parts
from
lighter parts from the PRC to Vietnam were less than 3 %
the PRC through related companies registered in Hong
of total exports, whereas in 2010 Vietnam became the
Kong. Some of the Vietnamese producers operate under
first export destination of lighter parts with a share of
processing agreements with Chinese and/or Hong Kong
26 % of imports. In volumes, this would correspond to
principals. Under these agreements, the Chinese principal
an increase from less than 50 million to 200 million
provides the lighter parts and plastic to the Vietnamese
finished lighters.
factory, and sells the finished lighters. Even in the
absence of such processing agreements, the lighters
produced in Vietnam are typically sold to Hong Kong
P r o d u c t i o n v o l u m e s o f g a s - f u e l l e d , n o n -
companies who are in charge of the commercial rela
r e f i l l a b l e
p o c k e t
f l i n t
l i g h t e r s
i n
tionship with Union importers.
V i e t n a m
(43) As the information provided by the Vietnamese
producers had to be disregarded, no verifiable
(49) Due to the unreliability of the information provided by
information could be obtained on the possible levels of
the Vietnamese producers, it has not been possible to
the genuine production of gas-fuelled, non-refillable
determine whether the percentage thresholds set out in
pocket flint lighters.
Article 13(2) of the basic Regulation are fulfilled or not.
It has not been possible to verify whether the lighter
parts originating from the PRC constitute more or less
2.5. Conclusion on the change in the pattern of
than 60 % of the total value of the assembled lighters
trade
and whether or not the value added to the parts brought

in has been greater or lesser than 25 % of the manu
(44) The
overall
decrease
in
exports
from
the
PRC
to
the
facturing cost.
Union and the increase in exports from Vietnam to the
Union since 2007 and the significant increase in exports
of lighter parts from the PRC to Vietnam since 1999
(50) In the absence of reliable information from the Viet
constituted a change in the pattern of trade between
namese producers, the determination must be made on
the PRC and Vietnam, on the one hand, and the
the basis of the facts available. The information provided
Union, on the other.
in the request shows that the lighter parts originating
from PRC represent between 60 % and 70 % of the
total value and that the value added to the parts
2.6. Nature of the circumvention practice
brought in corresponds to 12 % of the manufacturing
costs. These values are based on comparable production
(45) Article
13(1)
of
the
basic
Regulation
requires
that
the
change in the pattern of trade stems from a practice,
costs of a manufacturer located in the PRC. The
process or work for which there is insufficient due
underlying calculations are considered to be reasonably
cause or economic justification other than the imposition
accurate and to reflect the division of costs in Vietnam,
of the duty. The practice, process or work includes, inter
because the lighter parts and raw materials used are the
alia, the assembly of parts by an assembly operation in a
same in both the PRC and Vietnam. Any adjustments due
third country. For this purpose the existence of assembly
to lower local costs in Vietnam would result in an even
operations is determined in accordance with Article 13(2)
larger share of Chinese value in the finished lighters.
of the basic Regulation.
2.7. Insufficient due cause or economic justification
A s s e m b l y o p e r a t i o n s
other than the imposition of the anti-dumping
duty
(46) As
mentioned
above,
the
absence
of
reliable
records
and
the witholding of information which was relevant for the
(51) The
investigation
did
not
bring
to
light
any
other
due
investigation has led to the application of Article 18 of
cause or economic justification for the assembly oper
the basic Regulation. Whether or not an assembly
ations than the avoidance of the original measures on
operation in Vietnam could be considered to circumvent
the product concerned. The Vietnamese producers have
the measures had to be based on the facts available.
claimed that the cause for moving the production would
be the lower labour costs in Vietnam, but the claim has
not been substantiated. In any case, a general labour cost
(47) The
investigation
has
revealed
that
the
circumvention
difference would not explain why the production in a
takes place through assembly operations conducted by
specific sector (lighters) would move to Vietnam, while
Vietnamese companies which operate in close
production in other sectors, including lighter parts, for
cooperation with Chinese and Hong Kong registered
example, continues in the PRC.

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2.8. Injury or undermining of the remedial effect of
and price comparability in accordance with Article 2(10)
the anti-dumping duty
of the basic Regulation. Accordingly, adjustments were
made for differences in transport, insurance and packing
(52) The
existence
of
injury
having
been
addressed
in
the
costs. Given that there was no reliable information
original Regulation, the scope of the current investigation
obtained from the producers in Vietnam and the PRC,
included the assessment of whether the remedial effects
the adjustments had to be established on the basis of the
of the duties in place are being undermined in terms of
best facts available. Thus, the adjustments for these
the prices and/or quantities of the like product.
allowances were based on a percentage calculated as
the proportion of the total transport, insurance and
packing costs over the value of the sales transactions
(53) To assess whether the imported product under investi
to the Union with CIF delivery terms provided by the
gation had, in terms of quantities and prices, undermined
cooperating Chinese exporting producers in the original
the remedial effects of the original measures on imports
investigation.
of the product concerned, Eurostat Comext datase was
used as the best data available concerning quantities and
prices of imports from Vietnam. The prices so
(60) In accordance with Article 2(11) and 2(12) of the basic
determined were compared to the injury elimination
Regulation, dumping was calculated by comparing the
level established for Union producers in recital 63 of
weighted average normal value as established in the
Regulation (EC) No 1006/95.
original Regulation and the corresponding weighted
average export prices for Vietnamese declared exports
during this investigation’s RP according to the Comext
(54) The
increase
of
imports
from
Vietnam
to
the
Union
from
database, expressed as a percentage of the CIF price at the
0,6 % of Union imports in 1998 to 80 % in 2008 (start
Union frontier duty unpaid.
of the IP) and to 84 % of Union imports in the RP (the
end of the IP), see the table in paragraph 2.4, was
considered to be significant in terms of quantities. In
the same period, the imports from PRC into the Union
(61) The
comparison
of
the
weighted
average
normal
value
decreased significantly, from 30 % to 10 % of share of all
and the weighted average export price, after the
imports.
adjustments explained in recital 59 above, showed the
existence of significant dumping.
(55) The
comparison
of
the
injury
elimination
level
as
estab
lished in the original investigation and the weighted
2.10. Comments to the disclosure
average export price for Vietnamese declared exports
showed significant underselling. It was therefore
(62) Following
the
disclosure,
a
group
of
interested
parties,
concluded that the remedial effects of the duty, as
comprised of Vietnamese producers and Union
determined in the original Regulation are being
importers, even though admitting to not being directly
undermined in terms of both quantities and prices.
concerned by the measures, commented on the findings
of the investigation. They again argued that any
misleading information had not been provided inten
2.9. Evidence of dumping
tionally, that the Commission had not found any
positive evidence of circumvention and that there was
(56) Finally,
in
accordance
with
Article
13(1)
and
(2)
of
the
no remedial effect to be achieved by retroactive
basic Regulation, the Commission examined whether
imposition of the measures, also demonstrated by the
there was evidence of dumping by comparing the
non-prolongation of the original measures against the
normal value previously established in the original inves
PRC. According to these parties, the non-prolongation
tigation with the export prices from Vietnam.
of the original measures against the PRC was based on
findings concerning the same time-period as the
conclusion that the circumvention practices undermine
(57) In
the
original
investigation
the
normal
value
was
estab
the remedial effects of the original measures. Finally
lished on the basis of prices in Brazil, which was found
they also questioned the intended effect and what the
to be an appropriate market economy analogue country
Union interest would be in extending the measures
for the PRC for that investigation.
which were terminated in December 2012. In their
view, the extension of the measures would bring no
benefit to the Union industry and would only penalise
(58) The
export
prices
from
Vietnam
were
based
on
the
facts
Union importers.
available, i.e. on the average export price of gas-fuelled,
non-refillable pocket flint lighters during the RP as
reported in Eurostat Comext database. The use of the
(63) Upon
presentation
and
admittance
of
a
valid
request
for
facts available was due to unreliable information from
an anti-circumvention investigation, the Commission has
the Vietnamese producers concerning the product
a legal obligation to fully investigate the matter and take
under investigation.
appropriate action if justified. In the case at hand it was
found that all the conditions of Article 13 of the basic
Regulation to determine that circumvention is taking
(59) For
the
purpose
of
a
fair
comparison
between
the
normal
place were fulfilled. Consequently, the measures had to
value and the export price, due allowance, in the form of
be extended in the appropriate manner to imports from
adjustments, was made for differences which affect prices
Vietnam.

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L 82/16
EN
Official Journal of the European Union
22.3.2013
(64) When assessing whether circumvention practices
the product concerned, should be extended to imports of
undermine the remedial effects of the original
the product under investigation, i.e. the same product but
measures, the Commission must base its analysis on
consigned from Vietnam, whether declared as originating
the developments following the imposition of these
in Vietnam or not.
measures and takes into consideration the findings
from the original investigation on the basis of which
the remedial effects have been determined. By contrast,
the assessment of the necessity to initiate an expiry
(69) In
light
of
the
non-cooperation
in
this
investigation,
the
review is determined on the basis of the likelihood of
measures to be extended should be the measures estab
continuation or recurrence of dumping and injury in the
lished in Article 1(2) of Regulation (EC) No 1458/2007,
future on the basis of findings relating to a different
i.e. a definitive anti-dumping duty of EUR 0,065 per
period of time. Therefore, contrary to what the interested
lighter.
parties have alleged, the two findings do not concern the
same time period. As regards the claim that only Union
importers would be affected and that there would be no
(70) In accordance with Articles 13(3) and 14(5) of the basic
benefit to the Union industry, the Union interest for the
Regulation, which provides that any extended measure
imposition of the measures was confirmed in the original
should apply to imports which entered the Union
investigation. In accordance with Article 13 of the basic
under registration imposed by the initiating Regulation,
Regulation, the extension of the remedial effects of the
duties should be collected on those registered imports of
original measures against circumvention is in this respect
gas-fuelled, non-refillable pocket flint lighters consigned
justified as long as the original measures are in force. The
from Vietnam. Given that the original measures expired
purpose of the extension of the measures is in any case
on 13 December 2012 and the registration has been
not to penalise parties, but to correct the distortive effect
terminated on the same day, the collection of duties
of the circumvented dumped imports from Vietnam on
would only apply up to that date.
the Union market by introducing a level playing field in
terms of prices or quantities of such imports. In any
event, the alleged sole influence of the measures on
importers is not supported by any evidence or analysis.
4. REQUESTS FOR EXEMPTION
(71) The seven companies in Vietnam submitting ques
tionnaire replies requested an exemption from the
(65) One other interested party, an importer, submitted
possible extended measures in accordance with
comments on the investigation arguing that it had not
Article 13(4) of the basic Regulation.
been informed about the initiation of the circumvention
investigation. It has to be noted in this respect that this
party was not known to the Commission prior to the
(72) All of these seven companies were found to have
initiation of the investigation and that the initiation
provided false or misleading information. In accordance
notice was made public by means of publication in the
with Article 18(4) of the basic Regulation, these
Official Journal.
companies were informed of the intention to disregard
the information submitted by them and were granted a
time-limit to provide further explanations.
(66) Another
importer
reacted
by
announcing
that
it
would,
within six months, submit evidence demonstrating that
its imports of lighters did not involve circumvention. The
(73) Further
explanations
by
these
companies
were
not
such
Commission notes that all interested parties have been
so as to lead to a change in the conclusion. Therefore in
invited in the initiation notice to submit evidence during
accordance with Article 18(1) of the basic Regulation,
the investigation (see in particular recitals 10, 19 and 20
findings with regard to these companies were based on
and Article 3(2) of Regulation (EU) No 548/2012). The
the facts available.
Commission must conclude the investigation within the
legal deadline of nine months and therefore cannot await
additional submissions at this stage.
(74) Taking
into account the nature of the false and/or
misleading information as set out above, the exemptions
as requested by these seven companies could, in
3. MEASURES
accordance with Article 13(4) of the basic Regulation,
not be granted.
(67) Given the above, it was concluded that the definitive
anti-dumping duty imposed on imports of gas-fuelled,
non-refillable pocket flint lighters originating in the
PRC was circumvented by assembly operations via
5. DISCLOSURE
Vietnam within the meaning of Article 13(1) and 13(2)
of the basic Regulation.
(75) All
interested
parties
were
informed
of
the
essential
facts
and considerations leading to the above conclusions and
were invited to comment. The oral and written
comments submitted by the parties were considered.
(68) In
accordance
with
the
first
sentence
of
Article
13(1)
of
None of the arguments presented gave rise to a modifi
the basic Regulation, the original measures on imports of
cation of the findings,

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EN
22.3.2013 Official
Journal
of
the
European
Union L
82/17
HAS ADOPTED THIS REGULATION:
2012 until 13 December 2012, whether declared as originating
in Vietnam or not, registered in accordance with Article 2 of
Article 1
Regulation (EU) No 548/2012 and Articles 13(3) and 14(5) of
Regulation (EC) No 1225/2009.
1. The
definitive
anti-dumping
duty
imposed
by
Article
1(2)
of Regulation (EC) No 1458/2007 on imports of gas-fuelled,
non-refillable pocket flint lighters originating in the People’s
3. Unless
otherwise
specified,
the
provisions
in
force
Republic of China is hereby extended to imports of gas-
concerning customs duties shall apply.
fuelled, non-refillable pocket flint lighters consigned from
Vietnam, whether declared as originating in Vietnam or not,
currently falling under CN code ex 9613 10 00.
Article 2
2. The
duty
extended
by
paragraph
1
of
this
Article
shall
be
This Regulation shall enter into force on the day following that
collected on imports consigned from Vietnam from 27 June
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, 18 March 2013.
For the Council
The President
S. COVENEY

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