EN Official Journal of the European Union C 163/38

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain finished polyester filament fabrics originating in the People's Republic of China

(2008/C 163/09)

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1). The review is limited to the examination of the product scope as regards the clarification of whether certain product types fall within the scope of anti-dumping measures applicable to imports of certain finished polyester filament fabrics.

1. Request for review

The request was lodged by Hüpeden GmbH & Co. KG (‘the applicant’), an importer from Germany.

2. Product

The product under review is woven fabrics of synthetic filament yarn containing 85 % or more by weight of textured and/or non-textured polyester filament, dyed (including dyed white) or printed originating in the People's Republic of China (‘the product concerned’), currently classifiable within CN codes 5407 51 00, 5407 52 00, 5407 54 00, 5407 61 10, 5407 61 30, 5407 61 90, 5407 69 10 and 5407 69 90. These CN codes are given only for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1487/2005 (2), as last amended by Council Regulation (EC) No 1087/2007 on imports of certain finished polyester filament fabrics originating in the People's Republic of China (3).

4. Grounds for the review

The product subject to the measures specified in Article 1 of Regulation (EC) No 1487/2005 refers to woven fabrics of synthetic filament yarn containing 85 % or more by weight of textured and/or non-textured polyester filament, dyed (including dyed white) or printed (the ‘product concerned’). The applicant alleges that the product it imports is only used to produce a special adhesive tape for insulation of cables within the wiring harnesses of engines, mainly engines of cars (hereinafter ‘Tape’ grade).

The specific technical and chemical characteristics appear to be different from those of the product concerned, in particular, the tensile strength and the colouring are clearly different. These two characteristics are obtained by a production process, during which, contrary to the production of the product concerned, carbon is added to the spinning cake. This lowers the tensile strength by 20 % which ensures that employees in the automotive industry are able to tear the tape by hand, which results in increases in pace and safety, as no further tools are necessary. Secondly, this process gives the ‘Tape’ grade its genuine black and solvent resistant colour. The colour withstands contacts with oil and petrol, and can not bleach or stain. The low tensile strength and the impossibility to change the colour underline that there appears to be no interchangeability between the product concerned and the ‘Tape’ grade.

Therefore, it is considered appropriate to review the case with regard to the scope of the product concerned. Any regulation which may result from this review may have a retroactive effect as from the date of the imposition of the relevant measures, or possibly from a later date, for instance the date after the publication of this Notice. All operators, and in particular importers are invited to make their views known on this issue, and submit any evidence supporting such views.

5. Procedure

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, limited to the examination of the product scope.

(a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant, to the Community industry, to other known producers in the Community, to known importers, to known users and to known exporting producers in the People's Republic of China. This information and supporting evidence should reach the Commission within the time limit set in point 6(a).

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information, including 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 6(a).

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(b).

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 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.

(b) Hearings

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

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 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’ (4) 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 H Office: J-79 4/23 B-1049 Brussels Fax (32-2) 295 65 05

8. Non-co-operation

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

9. Possibility to request a review under Article 11(3) of the basic Regulation — Schedule of the investigation

The investigation will be concluded, according to Article 11(5) of the basic Regulation, within 15 months of the date of publication of this notice in the Official Journal of the European Union.

10. Processing of personal data

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).

11. Hearing Officer

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of DG Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this investigation, in particular with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer's web pages on the website of DG Trade (http://ec.europa.eu/trade).

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 240, 16.9.2005, p. 1.

(3) OJ L 246, 21.9.2007, p. 1.

(4) 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 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

(5) OJ L 8, 12.1.2001, p. 1.