欧盟Eurlex法规详细信息

EURLEX ID:32011R0209

OJ编号:OJ L 58, 3.3.2011, p. 36-38

中文标题:委员会条例(EU) No 209/2011,中止对原产于中国的无线广域网(WWAN)调制解调器的进口反倾销和反补贴程序并中止条例(EU) No 570/2010 和(EU) No 811/2010实施的此类进口注册

原文标题:Commission Regulation (EU) No 209/2011 of 2 March 2011 terminating the anti-dumping and anti-subsidy proceedings concerning imports of wireless wide area networking (WWAN) modems originating in the People’s Republic of China and terminating the registration of such imports imposed by Regulations (EU) No 570/2010 and (EU) No 811/2010

分类:356,355

文件类型:二级立法 Regulation|条例

生效日期:2011-03-04

废止日期:2058-12-31

法规全文:查看欧盟官方文件

L 58/36
EN
Official Journal of the European Union
3.3.2011
COMMISSION REGULATION (EU) No 209/2011
of 2 March 2011
terminating the anti-dumping and anti-subsidy proceedings concerning imports of wireless wide
area networking (WWAN) modems originating in the People’s Republic of China and terminating
the registration of such imports imposed by Regulations (EU) No 570/2010 and (EU) No 811/2010
THE EUROPEAN COMMISSION,
Union of WWAN modems originating in the PRC and
currently falling within CN codes ex 8471 80 00 and
ex 8517 62 00.
Having regard to the Treaty on the Functioning of the European
Union,
(5) On
1
July
2010,
the
Commission
made
imports
of
the
same product originating in the PRC subject to regis
Having regard to Council Regulation (EC) No 1225/2009 of
tration under Commission Regulation (EU) No
30 November 2009 on protection against dumped imports
570/2010 ( 4 ).
from countries not members of the European Community
(‘basic Regulation’) ( 1 ), and in particular Articles 9 and 14
thereof,
(6) The
Commission
officially
advised
the
complainant,
exporting producers in the PRC, importers and users
known to be concerned, associations of importers or
Having regard to Council Regulation (EC) No 597/2009 of
users known to be concerned, raw material suppliers
11 June 2009 of on protection against subsidised imports
and service providers, and the representatives of the
from countries not members of the European Community ( 2 ),
PRC of the initiation of the proceeding. Interested
and in particular Article 14 and 24 thereof,
parties were given an opportunity to make their views
known in writing and to request a hearing within the
time limit set out in the notice of initiation.
After consulting the Advisory Committee,
(7) In
accordance
with
the
provisions
of
Article
16
of
the
Whereas:
basic Regulation the Commission performed some of the
verification visits normally required. As far as dumping is
concerned and in particular for the purposes of
A. PROCEDURE
Article 2(7) of the basic Regulation the Commission
1. The anti-dumping proceeding and registration of
focused on issues mentioned in Article 2(7)(c) and in
imports
particular on distortions related to decision making,
corporate governance, loans, financing of companies
(1) On
3
June
2010,
the
Commission
received
a
complaint
and export credits. Although some initial indications
concerning alleged injurious dumping into the Union by
hinting at distortions were revealed, the termination of
imports of wireless wide area networking (WWAN)
this anti-dumping proceeding meant that this issue was
modems originating in the People’s Republic of China
not pursued.
(‘the PRC’). The said complaint also contained a request
for the registration of imports pursuant to Article 14(5)
of Regulation (EC) No 1225/2009.
2. The anti-subsidy proceeding and registration of
imports
(2) The
complaint
was
lodged
by
Option
NV
(‘the (8) On
2
August
2010,
the
Commission
received
a
complainant’), the sole known producer of WWAN
complaint concerning the alleged injurious subsidisation
modems in the Union, representing 100 % of the total
into the Union of imports of WWAN modems orig
Union production.
inating in the PRC. The said complaint also contained
a request for the registration of imports pursuant to
Article 24(5) of Regulation (EC) No 597/2009.
(3) The
complaint
contained prima facie evidence of dumping
and of material injury resulting therefrom which was
considered sufficient to justify the initiation of an anti-
(9) The
complaint
was
lodged
by
Option
NV
(‘the
dumping proceeding.
complainant’), the sole known producer of WWAN
modems in the Union, representing 100 % of the total
Union production.
(4) The
Commission,
after
consultation
of
the
Advisory
Committee, by a notice published in the Official Journal
of the European Union (
(10) The
complaint
contained prima facie evidence of the

3 ), accordingly initiated an anti-
dumping proceeding concerning imports into the
existence of subsidisation and of material injury
resulting therefrom which was considered sufficient to
justify the initiation of an anti-subsidy proceeding.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 188, 18.7.2009, p. 93.
( 3 ) OJ C 171, 30.6.2010, p. 9.
( 4 ) OJ L 163, 30.6.2010, p. 34.

EN
3.3.2011 Official
Journal
of
the
European
Union L
58/37
(11) The
Commission, after consultation of the Advisory
producer and, as a consequence, failed to support the
Committee, by a notice published in the Official Journal
complaints lodged by Option before the latter were
of the European Union ( 1 ), accordingly initiated an anti-
withdrawn.
subsidy proceeding concerning imports into the Union
of WWAN modems originating in the PRC and currently
falling within CN codes ex
8471
80
00 and
(18) It should also be noted that the allegations and
ex 8517 62 00.
information put forward by this company were not
such as to lead the Commission to conclude that it
would be in the Union interest to pursue the present
(12) On
17
September
2010,
the
Commission
made
imports
proceedings initiated further to Option’s complaints
of the same product originating in the PRC subject to
following the withdrawal of the latter. In this context,
registration under Commission Regulation (EU) No
due account needed to be taken — in respect of the
811/2010 ( 2 ).
company’s claimed operations in relation to WWAN
modems in the Union — concerning the company’s
ability in practice to (i) play a role in the Union
(13) The Commission officially advised the complainant,
market for WWAN modems and moreover; (ii) provide
exporting producers in the PRC, importers and users
for a possible shortage in supply, were measures to be
known to be concerned, associations of importers or
imposed. Based on the information provided in this
users known to be concerned, raw material suppliers
regard within the context of the present proceedings, it
and service providers, and the representatives of the
was concluded that it would be disproportionate to
PRC of the initiation of the proceeding. Interested
continue with the investigation and impose measures
parties were given an opportunity to make their views
following the withdrawal of the complaints.
known in writing and to request a hearing within the
time limit set out in the notice of initiation.
(19) No
other
comments
were
received
indicating
that
termi
nation of the present proceedings would not be in the
B. WITHDRAWAL OF THE COMPLAINTS AND TERMI
Union interest.
NATION OF THE PROCEEDINGS
(14) By
two
letters
of
26
October
2010
to
the
Commission,
(20) In the circumstances, the Commission therefore
Option NV withdrew its anti-dumping and anti-subsidy
concludes that the anti-dumping and the anti-subsidy
complaints concerning imports of WWAN modems orig
proceedings concerning imports into the Union of
inating in the PRC. The reason for the withdrawal of the
WWAN modems originating in the PRC should be
complaints was that Option NV had entered into a coop
terminated without the imposition of measures.
eration agreement with an exporting producer in the
PRC.
(21) The registration of imports of WWAN modems orig
inating in the PRC and declared under CN codes
(15) In
accordance
with
Article
9(1)
of
Regulation
(EC)
No
ex 8471 80 00 and ex 8517 62 00 in application of
1225/2009 and with Article 14(1) of Regulation (EC) No
Regulations (EU) No 570/2010 and (EU) No 811/2010
597/2009, when the complainant withdraws its
should therefore be discontinued and the said Regu
complaint the proceeding may be terminated unless
lations repealed,
such termination would not be in the Union interest.
HAS ADOPTED THIS REGULATION:
(16) The
Commission
considered
that
the
present
proceedings
should be terminated since the respective anti-dumping
and anti-subsidy investigations had not brought to light
Article 1
any considerations showing that such termination would
not be in the Union interest. Interested parties were
The anti-dumping and the anti-subsidy proceeding concerning
informed accordingly and were given an opportunity to
imports into the Union of wireless wide area networking
comment.
(WWAN) modems originating in the People’s Republic of
China and currently falling under CN codes ex 8471 80 00
and ex 8517 62 00 are hereby terminated.
(17) Subsequent
to
the
withdrawal
of
the
complaints,
one
company contacted the Commission claiming that it
was a Union producer of WWAN modems. The
Article 2
company subsequently argued that the proceedings
Customs authorities are hereby directed to discontinue the regis
should be continued in spite of the withdrawal of the
tration of imports established in application of Article 1 of
complaints. It should be noted that the company came
Regulations (EU) No 570/2010 and (EU) No 811/2010.
forward for the first time after the procedural deadlines
in both proceedings provided to interested parties to
come forward and make their views known as a Union
Article 3
( 1 ) OJ C 249, 16.9.2010, p. 7.
Regulations (EU) No 570/2010 and (EU) No 811/2010 are
( 2 ) OJ L 243, 16.9.2010, p. 37.
hereby repealed.

L 58/38
EN
Official Journal of the European Union
3.3.2011
Article 4
This Regulation shall enter into force on the day following 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, 2 March 2011.
For the Commission
The President
José Manuel BARROSO

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