{
  "url": "https://openlegislation.uk/eu-regulation-2008-923/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-2008-923/introduction.json",
  "legislation": "eur/2008/923",
  "legislation_title": "Commission Regulation (EC) No 923/2008 of 12 September 2008 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1174/2005, as amended by Council Regulation (EC) No 684/2008, on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China by imports of hand pallet trucks and their essential parts consigned from Thailand, whether declared as originating in Thailand or not and making such imports subject to registration",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2008-923",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Regulation (EC) No 923/2008\nof 12 September 2008\ninitiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1174/2005, as amended by Council Regulation (EC) No 684/2008, on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China by imports of hand pallet trucks and their essential parts consigned from Thailand, whether declared as originating in Thailand or not and making such imports subject to registration\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving 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 Articles 13(3), 14(3) and 14(5) thereof,\nWhereas:\nThe Commission has decided, pursuant to Article 13(3) of Regulation (EC) No 384/96 (the basic Regulation) to investigate on its own initiative the possible circumvention of the anti-dumping measures imposed on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China.\nA.\nPRODUCT\nThe product concerned by the possible circumvention is hand pallet trucks and their essential parts, i.e. chassis and hydraulics, originating in the People’s Republic of China, normally declared under CN codes ex 8427 90 00 and ex 8431 20 00. Hand pallet trucks are defined as trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example (i) to move and to lift the loads in order to place them higher or assist in storage of loads (highlifters); (ii) to stack one pallet above the other (stackers); (iii) to lift the load to a working level (scissorlifts); or (iv) to lift and to weigh the loads (weighing trucks) (‘the product concerned’).\nThe product under investigation is hand pallet trucks and their essential parts, as defined in the above paragraph, consigned from Thailand (‘the product under investigation’) normally declared under the same codes as the product concerned.\nB.\nEXISTING MEASURES\nThe measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 1174/2005, as amended by Regulation (EC) No 684/2008.\nC.\nGROUNDS\nThe Commission has at its disposal sufficient prima facie evidence that the anti-dumping measures on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China are being circumvented by means of assembly operations in Thailand of the product under investigation.\nThe prima facie evidence at the Commission’s disposal is as follows:\na significant change in the pattern of trade involving exports from the People’s Republic of China and Thailand to the Community has taken place following the imposition of measures on the product concerned, and there is insufficient due cause or justification other than the imposition of the duty for such a change,\nthis change in the pattern of trade appears to stem from assembly operations in Thailand of hand pallet trucks and their essential parts,\nfurthermore, the evidence points to the fact that the remedial effects of the existing anti-dumping measures on the product concerned are being undermined both in terms of quantity and price. Significant volumes of imports of the product under investigation from Thailand appear to have replaced imports of the product concerned. In addition, there is sufficient evidence that this increase in imports is made at prices well below the non-injurious price established in the investigation that led to the existing measures,\nfinally, the Commission has sufficient prima facie evidence at its disposal that the prices of hand pallet trucks and their essential parts are dumped in relation to the normal value previously established for the hand pallet trucks and their essential parts.\nShould circumvention practices covered by Article 13 of the basic Regulation, other than the ones mentioned above, be identified in the course of the investigation, the investigation may cover these practices also.\nD.\nPROCEDURE\nIn the light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13 of the basic Regulation and to make imports of hand pallet trucks and their essential parts consigned from Thailand, whether declared as originating in Thailand or not, subject to registration, in accordance with Article 14(5) of the basic Regulation.\n(a)\nQuestionnaires\nIn order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the exporters/producers and to the associations of exporters/producers in Thailand, to the importers and to the associations of importers in the Community which cooperated in the investigation that led to the existing measures and to the authorities of the People’s Republic of China and Thailand. Information, as appropriate, may also be sought from the Community industry as well as from the exporters/producers in the People’s Republic of China.\nIn any event, all interested parties should contact the Commission forthwith, but not later than the time limit set in Article 3 of this Regulation and, if necessary, request a questionnaire within the time limit set in Article 3(1), given that the time limit set in Article 3(2) of this Regulation applies to all interested parties.\nThe authorities of the People’s Republic of China and Thailand will be notified of the initiation of the investigation.\n(b)\nCollection of information and holding of hearings\nAll interested parties are hereby invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.\n(c)\nExemption of registration of imports or measures\nIn accordance with Article 13(4) of the basic Regulation, imports of the product under investigation may be exempted from registration or measures if the importation does not constitute circumvention.\nSince the possible circumvention takes place outside the Community, exemptions may be granted, in accordance with Article 13(4) of the basic Regulation, to producers of the product under investigation that can show that they are not related to any producer subject to the measures and that are found not to be engaged in circumvention practices as defined 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 time limit indicated in Article 3(3) of this Regulation.\nE.\nREGISTRATION\nPursuant to Article 14(5) of the basic Regulation, imports of the product under investigation should be made subject to registration in order to ensure that, should the investigation result in findings of circumvention, anti-dumping duties of an appropriate amount can be levied retroactively from the date of registration of such imports.\nF.\nTIME LIMITS\nIn the interest of sound administration, time limits should be stated within which:\ninterested parties may make themselves known to the Commission, present their views in writing and submit questionnaire replies or any other information to be taken into account during the investigation,\nproducers in Thailand may request exemption from registration of imports or measures,\ninterested parties may make a written request to be heard by the Commission.\nAttention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the parties making themselves known within the time limits mentioned in Article 3 of this Regulation.\nG.\nNON-COOPERATION\nWhere an interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.\nWhere it is found that an interested party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on 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.\nH.\nPROCESSING OF PERSONAL DATA\nIt is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of 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 the free movement of such data.\nI.\nHEARING OFFICER\nIt is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of the Directorate-General for Trade (Trade DG). He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this investigation, in particular with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer’s web pages on the website of Trade DG (http://ec.europa.eu/trade),\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 56, 6.3.1996, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 189, 21.7.2005, p. 1."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 192, 19.7.2008, p. 1."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 8, 12.1.2001, p. 1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2008/923/introduction",
    "retrieved_at": "2026-11-01T14:52:00.512410+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}