EN Official Journal of the European Union C 54/5

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain plastic sacks and bags originating in the People's Republic of China

(2007/C 54/06)

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 on protection against dumped imports from countries not members of the European Community (‘the basic Regulation’) (1). The review is limited in scope to dumping aspects as far as one exporting producer, Xinhui Alida Polythene Limited, (‘the company’) is concerned.

1. Product

The products under review are plastic sacks and bags, containing at least 20 % by weight of polyethylene and of a thickness not exceeding 100 micrometers; originating in the People's Republic of China (‘the product concerned’); and currently classifiable within CN codes ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90 (TARIC codes 3923210020, 3923291020 and 3923299020). These CN codes are given only for information.

2. Existing measures

The measures currently in force are definitive anti-dumping duties imposed by Council Regulation (EC) No 1425/2006 (2).

3. Grounds for the review

There is sufficient prima facie evidence available to the Commission that the circumstances on the basis of which the existing measures were established have changed and that these changes are of a lasting nature. Information at the Commission's disposal indicates that market economy conditions prevail for the company as demonstrated by the fact that it now fulfils the criteria of Article 2(7)(c) of the basic Regulation. Also, the evidence available shows that the company's sales pattern, both in terms of quantity and destination, has changed in a lasting way since the period on the basis of which the existing measures were established, as did the installed capacity.

Furthermore, a comparison of normal value based on the company's own costs/domestic prices and its export prices would lead to a reduction of dumping significantly below the level of the current measure. Therefore, the continued imposition of measures at the existing levels, which were based on the level of dumping previously established, would no longer be necessary to offset dumping.

4. Procedure for the determination of dumping

The Commission has determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review. The Commission therefore hereby initiates a review in accordance with Article 11(3) of the basic Regulation to determine whether the company operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation. If so, the Commission will determine the company's individual margin of dumping based on their own costs/domestic prices, or alternatively, will determine the company's individual margin of dumping in accordance with Article 9(5) of the basic Regulation. Should dumping be found, the Commission will determine the level of the duty to which its imports of the product concerned into the Community should be subject.

The investigation will assess the need for the continuation, removal or amendment of the existing measures in respect of the company mentioned above.

(a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the company and to the authorities of the exporting country concerned. This information and supporting evidence should reach the Commission within the time limit set in point 5(a)(i) of this notice.

(b) 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)(i) 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)(ii) of this notice.

(c) Market economy status

In the event that the company provides sufficient evidence showing that it operates under market economy conditions, i.e. that it meets the criteria laid down in Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. For this purpose, a duly substantiated claim must be submitted within the specific time limit set in point 5(b) of this notice. The Commission will send a claim form to the company as well as to the authorities of the People's Republic of China.

(d) Selection of the market economy country

In the event that the company is not granted market economy treatment, and in accordance with Article 9(5) of the basic Regulation, an appropriate market economy country will be used for the purpose of establishing normal value in respect of the People's Republic of China in accordance with Article 2(7)(a) of the basic Regulation. The Commission considers using Malaysia again for this purpose as was done in the investigation which led to the imposition of the current measures on imports of the product concerned from the People's Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in point 5(c) of this notice.

Furthermore, in the event that the company is granted market economy treatment, the Commission may, if necessary, also use findings concerning the normal value established in an appropriate market economy country, e.g. for the purpose of replacing any unreliable cost or price elements in the People's Republic of China which are needed in establishing the normal value, if reliable required data are not available in the People's Republic of China. The Commission considers using Malaysia also for this purpose.

5 Time limits

(a) General time limits

(i) 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.

(ii) Hearings

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

(b) Specific time limit for submission of claims for market economy status

The company's duly substantiated claim for market economy treatment, as mentioned in point 4(c) of this notice, must reach the Commission within 21 days of the date of publication of this notice in the Official Journal of the European Union.

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

Parties to the investigation may wish to comment on the appropriateness of Malaysia which, as mentioned in point 4(d) of this notice, is considered as a market economy country for the purpose of establishing normal value in respect of the People's Republic of China. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union.

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 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’ (3) 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 5/16 B-1049 Brussels Fax (32-2) 295 65 05

7. 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, provisional or final 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.

8. Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation, within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

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

(2) OJ L 270, 29.9.2006, p. 4.

(3) 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).