4.12.2004 Official Journal of the European Union L 359/11 COUNCIL REGULATION (EC) No 2074/2004 of 29 November 2004 imposing a definitive anti-dumping duty on imports of certain ring binder mechanisms originating in the People’s Republic of China THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (') (the ‘basic Regulation’), and in particular Article 11(2) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Measures in force (1)  In January 1997, Council Regulation (EC) No 119/97 (3 imposed a definitive anti-dumping duty on imports of certain ring binder mechanisms (RBM) originating, inter alia, in the People’s Republic of China (PRC or ‘country concerned’). The rate of the definitive duty applicable to the net, free-at-Community-frontier price, before duty, was 32,5% for World Wide Stationery Mfg (WWS), a company which was granted individual treatment and 39,4% for all other companies in the PRC. These rates of duty were applicable to RBM other than those with 17 or 23 rings (TARIC codes 83051000 11, 8305100012 and 83051000 19), while RBM with 17 and 23 rings (TARIC codes 83051000 21, 83051000 22 and 8305 10 00 29) were subject to a duty equal to the difference between the minimum import price (MIP) of EUR 325 per 1000 pieces and the free-at-Community-frontier price, before duty, whenever the latter was lower than the MIP. In September 2000, following a request for an anti- absorption review of the abovementioned measures, lodged pursuant to Article 12 of the basic Regulation, the rates of duty applicable to RBM other than those with 17 or 23 rings (TARIC codes 83051000 11, 8305100012 and 8305100019) were revised (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). () O] L 22, 24.1.1997, p. 1. upwards by Council Regulation (EC) No 2100/2000 () to 51,2% for WWS and to 78,8 % for all other companies in the PRC. Anti-dumping and countervailing measures are in force since June 2002 on imports of RBM originating in Indonesia. These measures, which are not subject to the current review, were imposed by Council Regulation (EC) No 976/2002 and Council Regulation (EC) No 977/2002 of 4 June 2002 (¥, respectively. Following an investigation concerning the alleged circumvention of anti-dumping measures imposed by Council Regulation (EC) No 119/97 by imports of RBM consigned from Vietnam, the measures were extended to imports consigned from Vietnam by Council Regulation (EC) No 1208/2004 (). An investigation concerning the alleged circumvention of anti-dumping measures imposed by Council Regulation (EC) No 119/97 by imports of RBM consigned from Thailand, whether declared as originating in Thailand or not, was initiated in April 2004 (¢). Both investigations mentioned in the previous two recitals were independent of the results of the present investigation. 2. Request for a review Following the publication of a notice of impending expiry of the anti-dumping measures in force on imports of certain RBM originating in the PRC(’), the Commission received, on 23 October 2001, a request to review these measures pursuant to Article 11(2) of the basic Regulation. 250, 5.10.2000, p. 1. 150, 8.6.2002, p. 1 and p. 17. 127, 29.4.2004, p. 67. 122, 25.4.2001, p. 2. () O] L () O L () OJ L 232, 1.7.2004, p. 1. () O] L () o] ¢