L 16334 Official Journal of the European Union 30.6.2010 COMMISSION REGULATION (EU) No 570/2010 of 29 June 2010 making imports of wireless wide area networking (WWAN) modems originating in the People’s Republic of China subject to registration THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (') (the ‘basic Regulation’) and in particular Articles 10(4) and 14(5) thereof, After consulting the Advisory Committee, Whereas: The Commission has received a request, pursuant to Article 14(5) of the basic Regulation, to make imports of wireless wide area networking (WWAN) modems ori- ginating in the People’s Republic of China subject to registration. A. PRODUCT CONCERNED The product concerned by this registration is wireless wide area networking (WWAN) modems with a radio antenna and providing Internet Protocol (IP) data con- nectivity for computing devices and including Wi-Fi routers comprising a WWAN modem (WWAN/Wi-Fi routers), originating in the People’s Republic of China (‘the product concerned’), currently falling within CN codes ex 8471 80 00 and ex 8517 62 00. B. REQUEST Having received a complaint from Option NV (here- inafter ‘the applicant), the Commission determined that there is sufficient evidence to justify initiation of a proceeding and therefore, pursuant to Article 5 of the basic Regulation, announced by a notice published in the Official Journal of the European Union (the ‘Notice of Initiation’) the initiation of an anti-dumping proceeding concerning imports of wireless wide area networking (WWAN) modems originating in the People’s Republic of China. () OJ L 343, 22.12.2009, p. 51. S Concerning standing to lodge a complaint, the applicant is the sole producer of the product concerned in the European Union, representing 100 % of the total Union production. As regards dumping, in view of the provisions of Article 2(7) of the basic Regulation, the country concerned is considered to be a non-market economy country. In the absence of known production of the product concerned outside the European Union and the country concerned, the complainant established normal value for the country concerned on the basis of the prices actually paid or payable in the Union for the like product duly adjusted where necessary to include a reasonable profit margin. The allegation of dumping is based on a comparison of the normal value thus estab- lished with the export prices (at ex-works level) of the product under investigation when sold for export to the Union. On this basis the dumping margin calculated is significant for the exporting country concerned, namely in excess of 150 %. The applicant also requests that imports of the product concerned are made subject to registration pursuant to Article 14(5) of the basic Regulation so that measures may subsequently be applied against those imports from the date of such registration. C. GROUNDS FOR THE REGISTRATION According to Article 7(1) of the basic Regulation, provi- sional measures may not be imposed earlier than 60 days from initiation. However, according to Article 10(4) of the basic Regulation, a definitive anti-dumping duty may be levied on products which were entered for consumption not more than 90 days prior to the date of application of provisional measures, provided that the conditions set out in that paragraph are fulfilled, and imports have been registered in accordance with Article 14(5). According to Article 14(5) of the basic Regulation, the Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Union industry which contains sufficient evidence to justify such action. The request contains sufficient evidence to justify regis- tration. This is further supported by evidence from other sources.