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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

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,

Having regard to the Treaty on the Functioning of the European Union,

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 13(3) and 14(5) thereof,

After having consulted the Advisory Committee in accordance with Articles 13(3) and 14(5) of the basic Regulation,

Whereas:

    HAS ADOPTED THIS REGULATION:

    Article 1

    An investigation is hereby initiated pursuant to Article 13(3) of Regulation (EC) No 1225/2009, in order to determine if imports into the Union of gas-fuelled, non-refillable pocket flint lighters, consigned from Vietnam, whether declared as originating in Vietnam or not, currently falling within CN code ex96131000 (TARIC code 9613100012), are circumventing the measures imposed by Council Regulation (EC) No 1458/2007.

    Article 2

    The Customs authorities shall, pursuant to Article 13(3) and Article 14(5) of Regulation (EC) No 1225/2009, take the appropriate steps to register the imports into the Union identified in Article 1 of this Regulation.

    Registration shall expire nine months following the date of entry into force of this Regulation.

    The Commission, by regulation, may direct Customs authorities to cease registration in respect of imports into the Union of products manufactured by producers having applied for an exemption of registration and having been found to fulfil the conditions for an exemption to be granted.

    Article 3

    1.

    Questionnaires must be requested from the Commission within 15 days from publication of this Regulation in the Official Journal of the European Union.

    2.

    Interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views in writing and submit questionnaire replies or any other information within 37 days from the date of the publication of this Regulation in the Official Journal of the European Union, unless otherwise specified.

    3.

    Producers in Vietnam requesting exemption from registration of imports or measures must submit a request duly supported by evidence within the same 37-day time-limit.

    4.

    Interested parties may also apply to be heard by the Commission within the same 37-day time-limit.

    5.

    Interested parties are required to make all submissions and 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 numbers. However, any Powers of Attorney, signed certifications, and any updates thereof, accompanying questionnaire replies must be submitted on paper, i.e. by post or by hand, at the address below. If an interested party cannot provide its submissions and requests in electronic format, it must immediately inform the Commission in compliance with Article 18(2) of the basic Regulation. For further information concerning correspondence with the Commission, interested parties may consult the relevant web page on the website of the Directorate-General for Trade: http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence.

    All written submissions, including the information requested in this Regulation, questionnaire replies and correspondence provided by interested parties on a confidential basis must be labelled as 'Limited'(7) and, in accordance with Article 19(2) of the basic Regulation, must be accompanied by a non-confidential version, which must be labelled 'For inspection by interested parties'.

    Commission address for correspondence:

    European Commission

    Directorate-General for Trade

    Directorate H

    Office: N105 4/92

    1049 Bruxelles/Brussel

    BELGIQUE/BELGIË

    Fax: +32 2 29 93988

    E-mail: trade-lighters-circumvention@ec.europa.eu

    Article 4

    This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.