Notice of initiation of an interim review of the anti-dumping measures applicable to imports of polyester staple fibres (PSF) and polyester filament tow (PFT) originating in Belarus

(2000/C 352/03)

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96(1), as last amended by Regulation (EC) No 2238/2000(2) ("the Basic Regulation"), of the measures imposed by Regulation (EC) No 1490/96(3), on imports of PSF originating in Belarus and extended to imports of PFT from Belarus by Regulation (EC) No 2513/97(4).

1. Request for a review

The request was lodged by the following Belarussian exporting producer: Khimvolokno ("the applicant"). The request for an interim review is limited in scope to the examination of dumping as far as the applicant is concerned.

2. Product

The products concerned are polyester staple fibre and polyester filament tow, currently classifiable under CN code 5503 20 00 and 5501 20 00 respectively. These CN codes are only given for information.

3. Existing measures

The measures currently in force are definitive anti-dumping duties imposed by Regulation (EC) No 1490/96 on PSF originating in Belarus, as extended, pursuant to Article 13 of the Basic Regulation, by Regulation (EC) No 2513/97 to imports of PFT from this country and levying the extended duty on the latter imports as registered under Commission Regulation (EC) No 693/97(5).

4. Ground for the review

The request for the interim review is based on the prima-facie evidence, provided by the applicant, that the circumstances on the basis of which the measures were established have changed and that these changes are of a lasting nature.

The applicant alleges, inter alia, that the domestic prices in the analogues country Taiwan which were used to determine the normal value in the previous investigations have decreased significantly and substantially more than the export prices from Belarus to the Community resulting in a much lower dumping margin. Therefore, the continued imposition of measures at the existing levels, which was based on the level of dumping previously established in no longer necessary to offset dumping.

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee, that sufficient evidence exists for the initiation of an interim review, the Commission hereby initiates an investigation pursuant to Article 11(3) of the Basic Regulation, limited in scope to the examination of dumping as far as the applicant is concerned. This investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of the sole applicant.

(a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant, to producers/exporters of the products concerned in Taiwan, the analogue country, and to the authorities of Belarus. This information and supporting evidence should reach the Commission within the time limit set in point 6(a) of this notice.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known in writing, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence should reach the Commission within the time limit set in point 6(a) of this notice.

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. This request must be made within the time limit set in point 6(b) of this notice.

(c) Selection of the market economy country

In the previous investigations Taiwan was used as a market economy country for the purpose of establishing normal value in respect of Belarus. The Commission envisages using Taiwan again for this purpose. Interested parties to the investigation are hereby invited to comment on the appropriateness of this choice within the specific time limit set in point 6(c) of this notice.

6. Time limits

(a) For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days from the date of publication of this notice in the Official Journal of the European Communities, unless otherwise specified.

(b) Hearings

Interested parties may also apply to be heard by the Commission within the same 40-day time limit.

(c) Specific time limit for the selection of the market economy country

Parties to the investigation wishing to comment on the appropriateness of Taiwan which, as mentioned in point 5(c) of this notice, is envisaged as a market-economy third country for the purpose of establishing normal value in respect of Belarus, should file their comments within 10 days from the publication of this notice in the Official Journal of the European Communities.

7. Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified), and must indicate the name, address, telephone and fax, and/or telex numbers of the interested party.

Commission address for correspondence: European Commission Directorate-General for Trade

Directorate C

TERV 0/13

Rue de la Loi/Wetstraat 200 B - 1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877.

8. Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the Basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available.

(1) OJ L 56, 6.3.1996, p. 1.

(2) OJ L 257, 11.10.2000, p. 2.

(3) OJ L 189, 23.7.1996, p. 13.

(4) OJ L 346, 15.12.1997, p. 1.

(5) OJ L 102, 19.4.1997, p. 14.