12.9.2003 Official Journal of the European Union L 228/35 COMMISSION DECISION of 11 September 2003 terminating the anti-dumping proceedings concerning imports of disposable gas-fuelled pocket lighters originating in the People's Republic of China, Indonesia, Malaysia and Vietnam and termi- nating the interim review of the anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in the People's Republic of China or consigned from or originating in Taiwan and on imports of certain refillable pocket flint lighters originating in the People's Republic of China or consigned from or originating in Taiwan (2003/645[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 1972/2002 (3, and in parti- cular Article 9 and Article 11(3) thereof, After consulting the Advisory Committee, Whereas: ( ( ( ( ( 1 2 3 4 5 ) O ) O] ) O] ) O] ) O A. PROCEDURE In 1991, the Council, by Regulation (EEC) No 3433/ 91 (), imposed a definitive anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in, inter alia, the People's Republic of China. By Regulation (EC) No 192/1999 (%) the Council, further to an investigation in accordance with Article 13 of Council Regulation (EC) No 384/96 (the basic Regula- tion), extended the above anti-dumping measure to: (a) imports of gas-fuelled non-refillable pocket flint lighters consigned from or originating in Taiwan; and (b) imports of certain refillable lighters originating in the People's Republic of China or consigned from or origi- nating in Taiwan. In 2001, Council Regulation (EC) No 1824/2001 (), imposed a definitive duty on gas fuelled non-refillable pocket flint lighters falling within CN code 9613 10 00 (TARIC code 9613 10 00*19) originating in the People's Republic of China and maintained the anti-dumping duties extended by Regulation (EC) No 192/1999 to imports of certain refillable pocket flint lighters origi- nating in the People's Republic of China or consigned from or originating in Taiwan falling within CN code ex 96132090 (TARIC codes 961320 90*21 and 9613 20 90*29) and to imports of non-refillable lighters consigned from Taiwan and falling within CN code 9613 10 00 (TARIC code 9613 10 00*19) or originating in Taiwan and falling within CN code 9613 10 00 (TARIC code 961310 00*19). These duties were imposed further to an expiry review concerning the defi- nitive anti-dumping measures imposed by Regulation L 56, 6.3.1996, p. 1. L 305, 7.11.2002, p. 1. L 326, 28.11.1991, p. 1. L 22, 29.1.1999, p. 1. L 248, 18.9.2001, p. 1. (EEC) No 3433/91 and extended by Regulation (EC) No 192/1999, in accordance with Article 11(2) of the basic Regulation. In 14 May 2002, the Commission received a complaint concerning the alleged injurious dumping by imports of disposable gas-fuelled pocket lighters, whether flint or piezo, with or without a refill valve originating in the People's Republic of China, Indonesia, Malaysia and Vietnam (disposable lighters). The complaint was lodged by the European Federation of Lighter Manufacturers (EFLM) acting on behalf of Community producers representing 90 % of total Community production of disposable lighters pursuant to Articles 4(1) and 5(4) of the basic Regulation. The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding in accordance with Article 5 of the basic Regulation. Regarding the definitive anti-dumping measures in force against non-refillable flint lighters and certain refillable lighters originating in the People's Republic of China or consigned from or originating in Taiwan, the Commis- sion considered that should it be determined that, on the basis of the findings of the investigation initiated in accordance with Article 5 of the basic Regulation, measures are to be imposed on disposable lighters origi- nating in the People's Republic of China, the continued imposition of the measures imposed by Regulation (EC) No 1824/2001 would no longer be appropriate, and Regulation (EC) No 1824/2001 would have to be amended or repealed accordingly. Indeed, should the investigation have been formally concluded, one of the consequences could have been the imposition of measures on all disposable gas-fuelled pocket lighters, i.e. refillable or non-refillable, piezo or flint originating in the countries subject to the present investigation. On the other hand, measures on refillable or non-refillable flint lighters originating in the People's Republic of China were already in place, which could have led to conflict with the new measures. Such conflict would have been avoided by amending or repealing the existing measures. Therefore, it was considered that a review in accordance with Article 11(3) of the basic Regulation