EN Official Journal of the European Union C 196/2

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of cotton-type bedlinen originating in Pakistan

(2004/C 196/02)

The Commission has decided on its own initiative to initiate a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 (1) (the basic Regulation).

1. Product

The product under review is bedlinen of cotton fibres, pure or mixed with man-made fibres or flax (flax not being the dominant fibre), bleached, dyed or printed (cotton-type bedlinen) originating in Pakistan (the product concerned), normally declared within CN codes 6302 21 00, 6302 22 90, 6302 31 10, 6302 31 90 and 6302 32 90. These CN codes are given only for information.

2. Existing measures

The measure currently in force is a definitive anti-dumping duty imposed by Council Regulation (EC) No 397/2004 (2) on imports of cotton-type bedlinen originating in Pakistan.

3. Grounds for the review

As part of its investigation which led to the imposition of the existing measures, the Commission had planned to visit the premises of a sample of Pakistani exporters of the product concerned. However, during the course of the visits, the Commission considered that the necessary security conditions to carry out the planned verifications were not met and the visits had, therefore, to be interrupted (3). Consequently, the dumping margin was calculated on the basis of facts available in accordance with Article 18 of the basic Regulation. At present, sufficient information has been received indicating that the security circumstances have changed, i.e. that the above impediment to the conduct of verification visits has been removed. Therefore, the Commission exceptionally proposes to initiate an interim review, limited to dumping aspects in order to give the opportunity to Pakistani exporters to have findings which better reflect their situation.

4. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation.

(a) Sampling

In view of the apparent number of parties involved in this proceeding, the Commission may decide to apply sampling, in accordance with Article 17 of the basic Regulation.

(i) Sampling for exporters/producers in Pakistan

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 by contacting the Commission and providing the following information on their company or companies within the time limit set in paragraph 5(b)(i) and in the formats indicated in paragraph 6 of this notice:

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

— the volume in tonnes of the production of the product concerned during the period 1 April 2003 to 31 March 2004,

— the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period 1 April 2003 to 31 March 2004,

— the turnover in local currency and the sales volume in tonnes for the product concerned on the domestic market during the period 1 April 2003 to 31 March 2004,

— whether the company intends to claim an individual margin (4) (individual margins can only be claimed by producers),

— the precise activities of the company with regard to the production of the product concerned,

— 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 the exporting country, and any known associations of exporters/producers.

(ii) Sampling for importers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all importers 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 the time limit set in paragraph 5(b)(i) and in the formats indicated in paragraph 6 of this notice:

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

— the total turnover in euro of the company during the period 1 April 2003 to 31 March 2004,

— the total number of employees,

— the precise activities of the company with regard to the product concerned,

— the volume in tonnes and value in euro of imports into and resales made in the Community market during the period 1 April 2003 to 31 March 2004 of the imported product concerned originating in Pakistan,

— the names and the precise activities of all related companies (5) involved in the production and/or selling 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 importers, the Commission will, in addition, contact any known associations of importers.

(iii) Final selection of the samples

All interested parties wishing to submit any relevant information regarding the selection of the samples must do so within the time limit set in paragraph 5(b)(ii) of this notice.

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

Companies included in the samples must reply to a questionnaire within the time limit set in paragraph 5(b)(iii) of this notice and must cooperate within the framework of the investigation.

If sufficient cooperation is not forthcoming, the Commission may 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 Pakistan, to any association of exporters/producers, to the sampled importers, to any association of importers which cooperated in the investigation leading to the measures subject to the present review and to the authorities of the exporting country concerned.

Exporters/producers in Pakistan claiming an individual margin, with a view to the application of Articles 17(3) and 9(6) of the basic Regulation, must submit a completed questionnaire within the time limit set in paragraph 5(a)(iii) of this notice. They therefore must request a questionnaire within the time limit set in paragraph 5(a)(i) of this notice. However, such parties should be aware that if sampling is applied to exporters/producers, the Commission may nonetheless decide not to calculate an individual margin for them, if the number of exporters or producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

In any event, all parties who did not cooperate during the investigation leading to measures subject to the present review should request a questionnaire within the time limit set in point 5(a)(i), given that the time limit set in point 5(a)(ii) of this notice applies to all interested parties.

(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 to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in paragraph 5(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 paragraph 5(a)(iii) of this notice.

5. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All interested parties who did not cooperate in the investigation leading to the measures subject to the present review 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 Union.

(ii) 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 of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limit specified in paragraph 5(b)(iii) of this notice.

(iii) Hearings

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

(b) Specific time limit in respect of sampling

(i) The information specified in paragraphs 5.1(a)(i) and 5.1(a)(ii) concerning samples should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(ii) All other information relevant for the selection of the samples as referred to in 5.1(a)(iii) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

(iii) 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.

6. 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. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited (6)’ and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

European Commission Directorate-General for Trade Directorate B Office: J-79, 5/16 B-1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877.

7. Non-cooperation

In cases in which any interested party refuses access to or otherwise 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, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate, or cooperates only partially, and findings are therefore based on facts available in accordance with Article 18, the result may be less favourable to that party than if it had cooperated.

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ L 66, 4.3.2004, p. 1.

(3) See recitals 34 to 48 of Regulation (EC) No 397/2004.

(4) Individual margins may be claimed pursuant to Article 17(3) of the basic Regulation for companies not included in the sample and Article 9(5) of the basic Regulation concerning individual treatment. Note that claims for individual treatment necessitate an application pursuant to Article 9(5) of the basic Regulation.

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

(6) This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).