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26.6.2012 Official
Journal
of
the
European
Union L
165/37
COMMISSION REGULATION (EU) No 548/2012
of 25 June 2012
initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Regulation (EC) No 1458/2007 on imports of gas-fuelled, non-refillable
pocket flint lighters originating in the People’s Republic of China by imports of gas-fuelled, non-
refillable pocket flint lighters consigned from Vietnam, whether declared as originating in Vietnam
or not, and making such imports subject to registration
THE EUROPEAN COMMISSION,
(6) A
circumvention
investigation
concerning
imports
of
gas-fuelled, non-refillable pocket flint lighters and of
Having regard to the Treaty on the Functioning of the European
certain refillable pocket flint lighters was also carried
Union,
out in 1998-1999 which led to the extension of the
duty to imports of gas-fuelled, non-refillable pocket
flint lighters originating in the People's Republic of
Having regard to Council Regulation (EC) No 1225/2009 of
China to imports of certain disposable refillable pocket
30 November 2009 on protection against dumped imports
flint lighters originating in the People's Republic of China
from countries not members of the European Community ( 1 )
or consigned from or originating in Taiwan and to
(‘the basic Regulation’) and in particular Articles 13(3) and 14(5)
imports of non-refillable lighters consigned from or orig
thereof,
inating in Taiwan ( 3 ).
After having consulted the Advisory Committee in accordance
with Articles 13(3) and 14(5) of the basic Regulation,
D. GROUNDS
Whereas:
(7) The
request
contains
sufficient prima facie evidence that
the anti-dumping measures on imports of gas-fuelled,
non-refillable pocket flint lighters originating in the
A. REQUEST
People's Republic of China are being circumvented by
means of assembly operations in Vietnam.
(1) The
European
Commission
('the Commission') has
received a request pursuant to Articles 13(3) and 14(5)
of the basic Regulation to investigate the possible circum
vention of the anti-dumping measures imposed on
(8) The prima facie evidence submitted is as follows.
imports of gas-fuelled, non-refillable pocket flint
lighters originating in the People's Republic of China
and to make imports of gas-fuelled, non-refillable
(9) The
request
shows
a
significant
change
in
the
pattern
of
pocket flint lighters consigned from Vietnam, whether
trade involving exports from the People's Republic of
declared as originating in Vietnam or not, subject to
China and Vietnam to the Union has taken place
registration.
following the imposition of measures on the product

concerned, without sufficient due cause or justification
for such a change other than the imposition of the duty.
(2) The
request
was
lodged
on
17
April
2012
by
Société
BIC, a Union producer of gas-fuelled, non-refillable
pocket flint lighters.
(10) This
change
appears
to
stem
from
assembly
operations
in
Vietnam of gas-fuelled, non-refillable pocket flint lighters.
B. PRODUCT
(3) The
product
concerned
by
the
possible
circumvention
is (11) Furthermore,
the
request
contains
sufficient prima facie
gas-fuelled, non-refillable pocket flint lighters currently
evidence that the remedial effects of the existing anti-
falling within CN code ex 9613 10 00 originating in
dumping measures on the product concerned are being
the People’s Republic of China ('the product concerned').
undermined both in terms of quantity and price.
Significant volumes of imports of the product under
(4)
The product under investigation is the same as that
investigation appear to have replaced imports of the
defined in the previous recital, but consigned from
product concerned. In addition, there is sufficient
Vietnam, whether declared as originating in Vietnam or
evidence that imports of the product under investigation
not, currently falling within the same CN code as the
are made at prices below the non-injurious price estab
product concerned ('the product under investigation').
lished in the investigation that led to the existing
measures.
C. EXISTING MEASURES
(5) The
measures
currently
in
force
and
possibly
being (12) Finally,
the
request
contains
sufficient prima facie evidence
circumvented are anti-dumping measures imposed by
that the prices of the product under investigation are
Council Regulation (EC) No 1458/2007 ( 2 ).
dumped in relation to the normal value previously estab
lished for the product concerned.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 326, 12.12.2007, p. 1.
( 3 ) OJ L 22, 29.1.1999, p. 1.

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L 165/38
EN
Official Journal of the European Union
26.6.2012
(13) Should
circumvention
practices
via
Vietnam
covered
by
lighters, that can show that they are not related ( 1 ) to any
Article 13 of the basic Regulation, other than assembly
producer subject to the measures ( 2 ) and that are found
operations, be identified in the course of the investi
not to be engaged in circumvention practices as defined
gation, the investigation may also cover these practices.
in Articles 13(1) and 13(2) of the basic Regulation.
Producers wishing to obtain an exemption should
submit a request duly supported by evidence within the
E. PROCEDURE
time-limit indicated in Article 3(3) of this Regulation.
(14) In light of the above, the Commission has concluded that
sufficient evidence exists to justify the initiation of an
F. REGISTRATION
investigation pursuant to Article 13(3) of the basic Regu
lation and to make imports of the product under inves
(21) Pursuant
to
Article
14(5)
of
the
basic
Regulation,
imports
tigation, whether declared as originating in Vietnam or
of the product under investigation should be made
not, subject to registration, in accordance with
subject to registration in order to ensure that, should
Article 14(5) of the basic Regulation.
the investigation result in findings of circumvention,
anti-dumping duties of an appropriate amount can be
levied from the date on which registration of such
(a) Questionnaires
imports consigned from Vietnam was imposed.
(15) In
order
to
obtain
the
information
it
deems
necessary
for
its investigation, the Commission will send question
G. TIME-LIMITS
naires to the known exporters/producers and to the
known associations of exporters/producers in Vietnam,
(22) In the interest of sound administration, time-limits
to the known exporters/producers and to the known
should be stated within which:
associations of exporters/producers in the People's
Republic of China, to the known importers and to the
known associations of importers in the Union and to the
— interested parties may make themselves known to the
authorities of the People's Republic of China and
Commission, present their views in writing and
Vietnam. Information, as appropriate, may also be
submit questionnaire replies or any other information
sought from the Union industry.
to be taken into account during the investigation,
(16) In
any
event,
all
interested
parties
should
contact
the
— producers in Vietnam may request exemption from
Commission forthwith, but not later than the time-limit
registration of imports or measures,
set in Article 3 of this Regulation, and request a ques
tionnaire within the time-limit set in Article 3(1) of this
Regulation, given that the time-limit set in Article 3(2) of
— interested parties may make a written request to be
this Regulation applies to all interested parties.
heard by the Commission.
(17) The authorities of the People's Republic of China and
(23) Attention is drawn to the fact that the exercise of most
Vietnam will be notified of the initiation of the investi
procedural rights set out in the basic Regulation depends
gation.
on the party's making itself known within the time-limits
mentioned in Article 3 of this Regulation.
(b) Collection of information and holding of hearings
( 1 ) In accordance with Article 143 of Commission Regulation (EEC) No
2454/93 concerning the implementation of the Community
(18) All
interested
parties
are
hereby
invited
to
make
their
Customs Code, persons shall be deemed to be related only if: (a)
views known in writing and to provide supporting
they are officers or directors of one another's businesses; (b) they are
evidence. Furthermore, the Commission may hear
legally recognized partners in business; (c) they are employer and
interested parties, provided that they make a request in
employee; (d) any person directly or indirectly owns, controls or
writing and show that there are particular reasons why
holds 5% or more of the outstanding voting stock or shares of
both of them; (e) one of them directly or indirectly controls the
they should be heard.
other; (f) both of them are directly or indirectly controlled by a third
person; (g) together they directly or indirectly control a third person;
or (h) they are members of the same family. Persons shall be deemed
(c) Exemption of registration of imports or measures
to be members of the same family only if they stand in any of the
following relationships to one another: (i) husband and wife, (ii)
(19) In
accordance
with
Article
13(4)
of
the
basic
Regulation,
parent and child, (iii) brother and sister (whether by whole or half
imports of the product under investigation may be
blood), (iv) grandparent and grandchild, (v) uncle or aunt and
nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-
exempted from registration or measures if the
law, (vii) brother-in-law and sister-in-law. (OJ L 253, 11.10.1993,
importation does not constitute circumvention.
p. 1). In this context 'person' means any natural or legal person.
( 2 ) However, even if producers are related in the aforementioned sense
to companies subject to the measures in place on imports orig
(20) Since
the
possible
circumvention
takes
place
outside
the
inating in the People’s Republic of China (the original anti-
Union, exemptions may be granted, in accordance with
dumping measures), an exemption may still be granted if there is
no evidence that the relationship with the companies subject to the
Article 13(4) of the basic Regulation, to producers in
original measures was established or used to circumvent the original
Vietnam of gas-fuelled, non-refillable pocket flint
measures.

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EN
26.6.2012 Official
Journal
of
the
European
Union L
165/39
H. NON-COOPERATION
the Directorate-General for Trade's website: http://ec.
europa.eu/trade/tackling-unfair-trade/hearing-officer/
(24) In
cases
in
which
any
interested
party
refuses
access
to
or
index_en.htm.
does not provide the necessary information within the
time-limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in
HAS ADOPTED THIS REGULATION:
accordance with Article 18 of the basic Regulation, on
the basis of the facts available.
Article 1
An investigation is hereby initiated pursuant to Article 13(3) of
(25) Where
it
is
found
that
any
interested
party
has
supplied
Regulation (EC) No 1225/2009, in order to determine if
false or misleading information, the information shall be
imports into the Union of gas-fuelled, non-refillable pocket
disregarded and use may be made of facts available.
flint lighters, consigned from Vietnam, whether declared as orig
inating in Vietnam or not, currently falling within CN code
ex 9613 10 00 (TARIC code 9613 10 00 12), are circumventing
(26) If
an
interested
party
does
not
cooperate
or
cooperates
the measures imposed by Council Regulation (EC) No
only partially and findings are therefore based on the
1458/2007.
facts available in accordance with Article 18 of the
basic Regulation, the result may be less favourable to
that party than if it had cooperated.
Article 2
The Customs authorities shall, pursuant to Article 13(3) and
I. SCHEDULE OF THE INVESTIGATION
Article 14(5) of Regulation (EC) No 1225/2009, take the appro
priate steps to register the imports into the Union identified in
(27) The investigation will be concluded, pursuant to
Article 1 of this Regulation.
Article 13(3) of the basic Regulation, within nine
months of the date of the publication of this notice in
Registration shall expire nine months following the date of
the Official Journal of the European Union.
entry into force of this Regulation.
J. PROCESSING OF PERSONAL DATA
The Commission, by regulation, may direct Customs authorities
to cease registration in respect of imports into the Union of
(28) It
is
noted
that
any
personal
data
collected
in
this
inves
products manufactured by producers having applied for an
tigation will be treated in accordance with Regulation
exemption of registration and having been found to fulfil the
(EC) No 45/2001 of the European Parliament and of
conditions for an exemption to be granted.
the Council of 18 December 2000 on the protection
of individuals with regard to the processing of personal
data by the Community institutions and bodies and on
Article 3
the free movement of such data ( 1 ).
1. Questionnaires
must
be
requested
from
the
Commission
within 15 days from publication of this Regulation in the
K. HEARING OFFICER
Official Journal of the European Union.
(29) Interested
parties
may
request
the
intervention
of
the
2. Interested
parties,
if
their
representations
are
to
be
taken
Hearing Officer of the Directorate-General for Trade.
into account during the investigation, must make themselves
The Hearing Officer acts as an interface between the
known by contacting the Commission, present their views in
interested parties and the Commission investigation
writing and submit questionnaire replies or any other
services. The Hearing Officer reviews requests for access
information within 37 days from the date of the publication
to the file, disputes regarding the confidentiality of docu
of this Regulation in the Official Journal of the European Union,
ments, requests for extension of time-limits and requests
unless otherwise specified.
by third parties to be heard. The Hearing Officer may
organise a hearing with an individual interested party and
mediate to ensure that the interested parties' rights of
3. Producers
in
Vietnam
requesting
exemption
from
regis
defence are being fully exercised.
tration of imports or measures must submit a request duly
supported by evidence within the same 37-day time-limit.
(30) A
request
for
a
hearing
with
the
Hearing
Officer
should
be made in writing and should specify the reasons for the
4. Interested
parties
may
also
apply
to
be
heard
by
the
request. The Hearing Officer will also provide oppor
Commission within the same 37-day time-limit.
tunities for a hearing involving parties to take place
which would allow different views to be presented and
5. Interested
parties
are
required
to
make
all
submissions
and
rebuttal arguments offered.
requests in electronic format (non-confidential submissions via
e-mail, confidential ones on CD-R/DVD), and must indicate
their name, address, e-mail address, telephone and fax
(31) For further information and contact details interested
numbers. However, any Powers of Attorney, signed certifi
parties may consult the Hearing Officer's web pages on
cations, and any updates thereof, accompanying questionnaire
replies must be submitted on paper, i.e. by post or by hand, at
( 1 ) OJ L 8, 12.1.2001, p. 1.
the address below. If an interested party cannot provide its

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L 165/40
EN
Official Journal of the European Union
26.6.2012
submissions and requests in electronic format, it must
Commission address for correspondence:
immediately inform the Commission in compliance with
Article 18(2) of the basic Regulation. For further information
European Commission
concerning correspondence with the Commission, interested
Directorate-General for Trade
parties may consult the relevant web page on the website of
Directorate H
the Directorate-General for Trade: http://ec.europa.eu/trade/
Office: N105 4/92
tackling-unfair-trade/trade-defence.
1049 Bruxelles/Brussel
BELGIQUE/BELGI
All written submissions, including the information requested in
Fax: +32 2 29 93988
this Regulation, questionnaire replies and correspondence
E-mail: trade-lighters-circumvention@ec.europa.eu
provided by interested parties on a confidential basis must be
labelled as 'Limited' ( 1 ) and, in accordance with Article 19(2) of
Article 4
the basic Regulation, must be accompanied by a non-
confidential version, which must be labelled 'For inspection by
This Regulation shall enter into force on the day following that
interested parties'.
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, 25 June 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) A 'Limited' document is a document which is considered confidential
pursuant to Article 19 of Council Regulation (EC) No 1225/2009
(OJ L 343 22.12.2009 p. 51) and Article 6 of the WTO Agreement
on Implementation of Article VI of the GATT 1994 (Anti-Dumping
Agreement). It is also a document protected pursuant to Article 4 of
Regulation (EC) No 1049/2001 of the European Parliament and of
the Council (OJ L 145, 31.5.2001, p. 43).

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