Notice of initiation of an interim review of the anti-dumping measures applicable to imports of sacks and bags made of polyethylene or polypropylene originating, inter alia, in India

(2001/C 26/02)

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 on imports of sacks and bags made of polyethylene or polypropylene originating, inter alia, in India.

1. Request for review

The request for review pursuant to Article 11(3) of the Basic Regulation was made by the European Association for Textile Polyolefins ("the applicant"), on behalf of European producers representing a major proportion, in this case 65 %, of the total Community production of polyethylene or polypropylene. The request is limited in scope to the examination of dumping of exports originating in India.

2. Product

The product concerned is woven sacks and bags of a kind used for the packaging of goods not knitted or crocheted, obtained from a polyethylene or polypropylene strip or the like of woven fabrics, weighing 120 g/m2 or less. This product is currently classifiable within CN codes 6305 32 81, 6305 33 91, ex 3923 29 10, ex 3923 29 10 and ex 3923 29 90. These CN codes are only given for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Regulation (EC) No 1950/97(3) on imports of sacks and bags made of polyethylene and polypropylene originating in India, as last amended by Regulation (EC) 2744/2000(4).

4. Grounds for the review

The request for the interim review is based on the evidence provided by the applicant that the circumstances with regard to dumping have changed significantly and that the existing measures are no longer sufficient to counteract dumping.

The allegation of increased dumping is based on a comparison of a constructed normal value with the export prices of the product concerned to the Community. On this basis, the dumping margins calculated are significantly higher than the dumping found in the previous investigations.

5. Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists for the initiation of an interim review, the Commission hereby initiates a review pursuant to Article 11(3) of the Basic Regulation, limited in scope to the examination of dumping of exports originating in India.

This investigation will assess the need for the continuation, removal or amendment of the existing measures.

(a) Sampling for investigation of dumping

The Commission services have determined that the number of exporters of the product concerned in India has increased significantly since the original measures were imposed: firstly, the Commission services have been contacted by 39 companies requesting an individual duty; secondly, the experience of the Community producers would lead to the conclusion that there are actually more than 50 companies in India concerned by the investigation.

Therefore, in view of the number of parties involved in this review, the Commission may decide to apply sampling in accordance with Article 11(9) in connection with Article 17 of the Basic Regulation.

(i) Sampling for exporters/producers in India

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within 15 days of the date of publication of this notice:

- name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person,

- the turnover in local currency and the volume in units and kg of the product concerned sold for export to the Community during the period 1 December 1999 to 30 November 2000,

- if the company intends to claim an individual margin (individual margins can only be claimed by producers),

- the turnover in local currency and the volume in units and kg of the product concerned sold on the domestic market during the period 1 December 1999 to 30 November 2000,

- the precise activities of the company with regard to the production of the product concerned and the volume in units and kg of the product concerned produced during the period 1 December 1999 to 30 November 2000,

- the names and the precise activities of all related companies(5) involved in the production and/or selling (export and/or domestic) of the product concerned,

- any other relevant information that would assist the Commission in the selection of the sample,

- an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of India and any known associations of exporters/producers.

(ii) Final selection of sample

All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within the time limit set in point 6(b)(i) of this notice.

The Commission intends to make the final selection of the sample after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the sample must reply to a questionnaire within the time limit set in point 6(b)(ii) and must cooperate within the framework of the investigation.

If sufficient cooperation is not forthcoming, the Commission will base its findings, in accordance with Articles 17(4) and 18 of the Basic Regulation, on the facts available.

(b) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled exporters/producers in India and to any association of exporters/producers, and to the authorities of India.

Exporters/producers in India claiming an individual margin, with a view to the application of Articles 17(3) and 9(6) of the Basic Regulation, should request a questionnaire within the time limit set in point 6(a)(i), given that they have to submit a duly completed questionnaire within the general time limit set in point 6(a)(ii) of this notice. However, such parties should be aware that if sampling is applied to exporting producers the Commission may decide not to grant them an individual margin, if it would be unduly burdensome and would prevent the timely completion of the investigation.

(c) Collection of information and holding of hearings

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

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 6(a)(iii) of this notice.

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

Parties falling under second subparagraph of point 5(b) of this notice should request a questionnaire as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Communities.

(ii) For parties to make themselves known and submit information

All interested parties, if their representations are to be taken into account during the review, must make themselves known by contacting the Commission, present their views and submit any other information within 40 days of the date of publication of this notice in the the Official Journal of the European Communities. Parties falling under second subparagraph of point 5(b) of this notice have to submit questionnaire replies within the aforementioned 40-day time limit.

Companies selected in a sample must submit questionnaire replies within the time limits specified in point 6(b)(ii) of this notice.

(iii) Hearings

All interested parties may also apply to be heard within the same 40-day time limit.

(b) Specific time limit in respect of sampling

(i) All information relevant for the selection of the sample should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Communities, given that the Commission intends to consult parties concerned that have expressed their willingness to be included therein on the final selection of the sample within a period of 21 days of the publication of this notice in the Official Journal of the European Communities.

(ii) The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

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, e-mail address, telephone and fax, and/or telex numbers of the interested party.

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

Directorates B and 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 limit, 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 276, 9.10.1997, p. 1.

(4) OJ L 316, 15.12.2000, p. 67.

(5) For guidance on the meaning of related companies, please refer to Article 143(1) of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code (OJ L 253, 11.10.1993, p. 1).