L 22/16 Official Journal of the European Communities 27.1.2000 COUNCIL REGULATION (EC) No 174/2000 of 24 January 2000 repealing Council Regulation (EEC) No 3433/91 insofar as it imposes a definitive anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in Japan 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 (!), and in particular Article 11(6) thereof, Having regard to the proposal submitted by the Commission, Whereas: A. PROCEDURE 1. Measures in force (1) By Regulation (EEC) No 3433/91 (3), hereinafter referred to as the ‘definitive duty Regulation’, the Council imposed a definitive anti-dumping duty on imports of gas fuelled, non-refillable pocket flint lighters originating in Japan, the People's Republic of China, the Republic of Korea and Thailand. As regards Japan, the duty rate was set at 35,7 %. (2)  The definitive duty Regulation was amended with respect to China in 1995 by Regulation (EC) No 1006/ 95 (%). Insofar as Thailand is concerned, it was replaced by Regulation (EC) No 423/97 in March 1997 (. 2. Initiation of a review (3)  In May 1996 the Commission published a notice of the impending expiry of the measures in force concerning Japan and the Republic of Korea (}). After this publica- tion, the Commission received a request for a review pursuant to Article 11(2) of Regulation (EC) No 384/96, hereinafter referred to as the ‘Basic Regulation’, with regard to imports of gas-fuelled, non-refillable pocket flint lighters originating in Japan, lodged by the Euro- pean Federation of Lighter Manufacturers on behalf of BIC S.A. and Flamagas S.A. Subsequently this request received the support of Swedish Match S.A. BIC S.A,, Flamagas S.A. and Swedish Match S.A. represent almost the totality of Community production of the product concerned. (4)  The request contained sufficient prima facie evidence that the expiry of measures would be likely to result in a recurrence of dumped imports causing injury. Evidence (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98 (OJ L 128, 30.4.1998, p. 18). () OJ L 326, 28. 11. 1991, p. 1. Regulation as last amended by Regu- lation (EC) No 423/97 (O] L 65, 6.3.1997, p. 1). () O] L 101, 4.5.1995, p. 38. () O] L 65, 6.3.1997, p. 6, 1. () O] C 155, 30.5.1996, p. 6. () () 0] 0] of the presence of under-utilised capacity in Japan as well as evidence that imports from Japan would have an immediate depressing effect on the prices of the Community producers supported this alleged likelihood. It was further alleged that this situation would exacer- bate the continuing vulnerability of the Community industry. Therefore, the Commission announced the review of the definitive duty Regulation in respect of Japan (°). This review was opened in accordance with Articles 11(2) and 11(3) of the Basic Regulation, as an interim review also seemed to be appropriate. As regards Korea, the measure expired (7). 3. Review investigation The Commission officially advised the only producer in the exporting country known to be concerned, Tokai Corporation, its related importer in the Community, Tokai Seiki GmbH, the representatives of the exporting country and the complainants. The parties directly concerned were given the oppor- tunity to make their views known in writing and to request a hearing. One of the complainants requested and was granted a hearing. The Commission sent questionnaires to all parties known to be concerned and received detailed informa- tion from the complainant Community producers, their subsidiaries, the Japanese exporter and its related importer located in the Community. The Commission sought and verified all information it deemed necessary for the purpose of, the investigation and carried out verifications at the premises of the following companies: Community producers and their subsidiaries — BIC S.A. (the BIC group), Clichy, France, — BIC BJ 75, Redon, France, — BIC Deutschland GmbH & Co., Ettlingen, Germany, — BIRO BIC Ltd, London, UK, — Laforest BIC S.A., Tarragona Spain, — Swedish Match Lighters B.V., Assen, Netherlands, — Swedish Match Lighters (including Cricket SA), Rillieux-la-Pape, France, — Arnold André GmbH & Co., KG, Biinde, Germany, — Flamagas S.A., Barcelona and Llinas del Valle, Spain. C 361, 30.11.1996, p. 3. C 360, 29.11.1996, p. 2.