19.7.2001 Official Journal of the European Communities L195/57 COMMISSION DECISION of 9 July 2001 amending Decision 97/167[EC accepting undertakings offered in connection with the review of Council Regulation (EEC) No 3433/91 and the anti-dumping proceeding concerning imports of gas-fuelled non-refillable pocket flint lighters, originating, inter alia, in Thailand (notified under document number C(2001) 1766) (2001/545/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 (), as last amended by Regulation (EC) No 2238/2000 (3, and in partic- ular Article 8 thereof, After consulting the Advisory Committee, Whereas: 1) A. PREVIOUS PROCEDURE Anti-dumping measures were imposed on imports of gas-fuelled non-refillable pocket flint lighters originating, inter alia, in Thailand by Council Regulation (EC) No 423/97 (). Undertakings were accepted by Commission Decision 97/167/EC (%) in connection with the review of Council Regulation (EEC) No 3433/91 (). B. INTERIM REVIEW In April 2000, the Thai exporting producer, Thai Merry Co., Ltd (the ‘applicant’) lodged a request for an interim review of the anti-dumping measures applicable to it, limited to the aspects of dumping pursuant to Article 11(3) of Regulation (EC) No 384/96 (the ‘basic Regula- tion’). Having determined, after consulting the Advisory Commiittee, that sufficient evidence existed for the initia- tion of an interim review, the Commission published a notice (notice of initiation) (°) and commenced an invest- igation. The investigation did not show the existence of dumping for the applicant. In addition, evidence was found that it is unlikely that there will be a recurrence of dumped 6, 6.3.1996, p. 1. 57, 11.10.2000, p. 2. 5, 6.3.1997, p. 1. 5, 6.3.1997, p. 54. 26, 28.11.1991, p. 1. 11, 31.10.2000, p. 5. w W AN imports, in the foreseeable future. It was consequently concluded that the changed circumstances are of a lasting nature. In the absence of dumping it is therefore considered appropriate to repeal the measures in so far as they concern the applicant. C. AMENDMENT OF DECISION 97/167[EC In view of the finding of non-existence of dumping for the applicant and as this situation is not considered to be of a short-term nature, Decision 97/167/EC should therefore be amended so as to repeal the undertaking offered by Thai Merry Co., Ltd. In parallel with this Decision, the Council is repealing the anti-dumping duty imposed by Council Regulation (EC) No 423/97 in so far as this company is concerned (see Regulation (EC) No 1471/2001 (%)), HAS ADOPTED THIS DECISION: Article 1 Article 1(a) of Decision 97/167[EC is hereby suppressed. Article 2 This Decision shall take effect on the day following its publica- tion in the Official Journal of the European Communities. Done at Brussels, 9 July 2001. For the Commission Pascal LAMY Member of the Commission () See page 15 of this Official Journal.