Notice of initiation of an interim review of the anti-dumping measures applicable to imports of polyester textured filament yarn originating in Indonesia

(2002/C 129/02)

The Commission has decided on its own initiative to initiate an 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").

1. Product

The product under review is polyester textured filament yarn originating in Indonesia ("the product concerned") currently classifiable within CN code 5402 33 00. This CN code is given only for information.

2. Existing measures

The measure currently in force is a definitive anti-dumping duty imposed by Council Regulation (EC) No 2160/96(3), as last amended by Regulation (EC) No 1078/2001(4).

3. Grounds for the review

On the basis of the information collected by the Commission within the framework of the ongoing expiry review concerning the same proceeding and information received by Le Comité international de la Rayonne et des Fibres synthétiques (CIRFS), the Commission considers that there are sufficient grounds warranting the initiation of an interim review of the existing measures.

This information shows that the dumping margins have significantly changed vis-à-vis those upon which the existing measures were based.

Concerning injury aspects, the available information appears to indicate that, notwithstanding the existing measures, imports from the country concerned have continued to penetrate the Community market in substantial quantities at dumped price and have, thus, continued to contribute to the injury suffered by the Community industry. Therefore, it appears that the level of the current measures is no longer appropriate to remove the injurious effects of dumping.

4. Procedure

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

4.1. Procedure for the determination of dumping and injury

(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 Indonesia

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 in confidential and non-confidential form on their company or companies within the time limit set in point 5(b)(i) 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 tonnes of the product concerned sold for export to the Community during the period 1 January 2001 to 31 December 2001,

- the turnover in local currency and the volume in tonnes of the product concerned sold on the domestic market during the period 1 January 2001 to 31 December 2001,

- the precise activities of the company with regard to the production of the product concerned and the volume in tonnes of the product concerned produced during the period 1 January 2001 to 31 December 2001,

- 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 unrelated importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information in confidential and non-confidential form on their company or companies within the time limit set in point 5(b)(i) 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 January 2001 to 31 December 2001,

- 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 January 2001 to 31 December 2001 of the product concerned,

- the names and the precise activities of all related companies(6) involved in the production, processing, purchasing 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 point 5(b)(i) 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 point 5 (b)(ii) of this notice 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 Community industry and to any association of producers in the Community, to the sampled exporters/producers in Indonesia, to any association of exporters/producers, to the sampled importers, to any association of importers named in the request or 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 Indonesia 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 5(a)(i), given that they have to submit a duly completed questionnaire within the time limit set in point 5(a)(ii) of this notice. However, such parties should be aware that if sampling is applied to exporters/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.

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 point 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 point 5(a)(iii) of this notice.

4.2. Procedure for the assessment of Community interest

In accordance with Article 21 of the Basic Regulation and in the event that the continuation of dumping and injury is confirmed, a decision will be reached as to whether to maintain, amend or repeal the anti-dumping measures would not be against the Community interest. For this reason the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in point 5(a)(ii) of this notice, make themselves known and provide the Commission with information. The parties which have acted in conformity with the precedent sentence may request a hearing, setting the particular reasons why they should be heard, within the time limit set in point 5(a)(iii) of this notice. It should be noted that any information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

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 Communities.

(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 Communities, unless otherwise specified.

Companies selected in a sample must submit questionnaire replies within the time limit specified in point 5(b)(ii) 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) All information relevant for the selection of the samples 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 samples 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.

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.

Commission address for correspondence: European Commission Office: TERV - 0/13 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 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 289, 12.11.1996, p. 14.

(4) OJ L 149, 2.6.2001, p. 5.

(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).

(6) 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).