Notice of initiation of an anti-dumping proceeding concerning imports of polyethylene terephthalate (PET) film originating in India and the Republic of Korea

(2000/C 148/09)

The Commission has receied complaints pursuant to Article 5 of Council Regulation (EC) No 384/96(1), as last amended by Regulation (EC) No 905/98(2) (hereinafter referred to as "the basic Regulation"), alleging that imports of polyethylene terephthalate (PET) film originating in India and the Republic of Korea, are being dumped and are thereby causing material injury to the Community industry.

1. COMPLAINTS

The complaints were lodged on 12 April 2000 by the following Community producers: DuPont Teijin Films (DTF), Mitsubishi Polyester Film GmbH, Nuroll SpA and Fapack SpA (hereinafter referred to as "the complainant") representing a major proportion, in this case more than 50 % of the total Community production of polyethylene terepthalate (PET) film.

2. PRODUCT

The product allegedly being dumped is non-self-adhesive film of polyethylene terephtalate (PET film), excluding film for the manufacture of flexible magnetic discs and photopolymer printing plates imported in accordance with the end-use provisions of the Community legislation (hereinafter referred to as "the product concerned"). The product is currently classifiable within CN codes ex 3920 62 19 and 3920 62 90. These CN codes are given for information only.

It is also alleged that the product concerned has been declared on importation as non-self-adhesive film made of other polyesters falling within CN code 3920 69 00. Imports may also take place under CN codes 3920 62 11 and 3920 62 13. Products imported under these CN codes are also subject to this proceeding in so far as the investigation reveals that the product concerned has been misclassified within these codes.

3. ALLEGATION OF DUMPING

The allegation of dumping in respect of the Republic of Korea is based on a comparison of normal value, established on the basis of domestic prices, with the export prices of the product concerned to the Community.

The allegation of dumping for India is based in the absence of accurate evidence available to the complainant on domestic sales 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 significant for all exporting countries concerned.

4. ALLEGATION OF INJURY

The complainant has provided evidence that imports of the product concerned from India and the Republic of Korea have increased overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share and the level of prices charged by the Community producers, resulting in substantial adverse effects on the financial situation and the employment situation of the Community industry.

5. PROCEDURE

Having determined, after consulting the Advisory Committee, that the complaints have been lodged by, or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in India and the Republic of Korea is being dumped and whether this dumping has caused 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 India and the Republic of Korea

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 6(b)(i) of this notice:

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

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

- 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 1999 to 31 March 2000,

- the turnover in local currency and the sales volume in tonnes for the product concerned on the domestic market during the period 1 April 1999 to 31 March 2000,

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

- the names and the precise activities of all related parties(3) 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 agrees 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 the Republic of Korea, and any known associations of exporters/producers.

(ii) Final selection of the 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 paragraph 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 paragraph 6(b) of this notice and must cooperate with 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 exporters/producers in India and the Republic of Korea included in the sample and to any association of exporters/producers named in the complaints, to the importers and to any association of importers named in the complaints, as well as to the authorities of the exporting countries concerned.

(i) Non-complainant Community producers and importers

Such parties if their views and information are to be taken into account should contact the Commission forthwith and if necessary request a questionnaire within the time limit set out in paragraph 6(a)(i), given that the time limit set in paragraph 6(a)(ii) of this notice applies to all interested parties.

(ii) Exporters/producers claiming an individual margin in India and the Republic of Korea

Exporters/producers in India and the Republic of Korea claiming an individual margin, with a view to the application of Articles 17(3) and 9(6) of the Basic Regulation, have to submit a completed questionnaire within the time limit set in paragraph 6(a)(ii) of this notice. They therefore have to request a questionnaire within the time limit set in paragraph 6(a)(i) 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.

(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 has to reach the Commission within the time limit set in paragraph 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 paragraph 6(a)(iii) of this notice.

5.2. Procedure for assessment of Community interest

In accordance with Article 21 of the basic Regulation and in order that a decision may be reached as to whether, in the event that the allegations of dumping and injury caused thereby are substantiated, the adoption of anti-dumping measures would not be against the Community interest, 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 paragraph 6(a)(ii) of this notice, make themselves known and provide the Commission with information. 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.

6. TIME LIMITS

(a) General time limits

(i) For parties to request a questionnaire

All interested parties 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 representatives are to be taken into account during the investigation, must make themselves known to 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 the sample must submit questionnaire replies within the time limits specified in paragraph 6(b) of this notice.

(iii) Hearings

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

(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 of 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 C and E

DM 24 - 8/37 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 informaton 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.

9. SCHEDULE OF THE INVESTIGATION

The investigation will be concluded according to Article 6(9) of the basic Regulation within 15 months of the publication of this notice in the Official Journal of the European Communities. According to Article 7(1) of the basic Regulation provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Communities.

(1) OJ L 56, 6.3.1996, p. 1.

(2) OJ L 128, 30.4.1998, p. 18.

(3) For guidance on the meaning of related companies, please refer to Article 143(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).