COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 02.10.1997 
COM(97) 485 final 
97/ 0246 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
imposing a definitive anti-dumping duty on imports of woven polyolefin sacks 
originating in the People's Republic of China 
(presented by the Commission) 

A 
Explanatory Memorandum 
Subject: Proposed Council Regulation imposing a definitive anti-dumping 
duty on imports of woven polyolefin sacks originating in the People's 
Republic of China 
By Council Regulation (EEC) 3308/90 the Council imposed definitive anti-dumping 
measures against imports of woven polyolefin sacks originating in the People's Republic 
of China. The measures were increased in 1993, following a finding that the duty had-
been borne by the Chinese exporters, by Council Regulation (EEC) 2346/93. A review 
of the measures was announced by means of a Notice of Initiation published in the 
Official Journal of the European Communities No C 271 of 17 October 1995. All 
interested parties were given the opportunity to make themselves known and to submit 
their comments. 
No Chinese exporter co-operated with the review. 
On-the-spot investigations were carried out at the premises of two importers in the 
Community which agreed to cooperate and of the Community producers making up the 
Community industry. An on-the-spot investigation was also carried out at the premises 
of a producer in Turkey, which was chosen as analogue country in view of China's status 
as a non-market economy. The findings of the investigation showed the existence of 
dumping and the threat of resultant injury to the Community industry if the existing 
measures were allowed to lapse. 
The investigation, taking into account all the interests involved, led to the conclusion that 
it is in the Community interest to impose definitive anti-dumping measures, amended 
according to the findings of the review. 
It is consequently proposed that the Council adopt the attached proposal for a Regulation. 
^ 
COUNCIL REGULATION (EC) No 191 
of.... 
imposing a definitive anti-dumping duty on imports of woven polyolefin sacks 
originating in the People's Republic of China 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EC) No 384/96 of 22 December 19^5 on 
protection against dumped imports from countries not members of the European 
Community1, as amended by Regulation (EC) No 2331/96 of 2 December 19962, and in 
particular Articles 9, 11 and 23 thereof, 
Having regard to the proposal submitted by the Commission after consulting the 
Advisory Committee, 
Whereas: 
A. PROCEDURE 
1. Measures in force 
(1) By Regulation (EEC) No 3308/903, the Council imposed a definitive anti­
dumping duty of 43.4% on imports of woven polyolefin sacks originating in the 
People's Republic of China. 
1 OJNoL56, 6.3.1996, p. 1. 
2 OJNoL317, 6.12.1996, p. 1 
3 OJNoL318, 17.11.1990, p.2. 
2 
By Regulation (EEC) No 2346/934, the Council amended Regulation (EEC) No 
3308/90 and imposed an increased duty of 85.7% following a finding that the 
duty had been borne by the exporters concerned. 
2. Request for a review 
(2) Following the publication in April 1995, of a notice5 of the impending expiry of 
the measures in force, the Commission received a request for a review lodged by 
the European Association for Textile Polyolefins (EATP) on behalf of eight 
Community producers allegedly representing à major proportion^of the total 
production of the product concerned in the European Community. The request 
contained evidence of dumping of the product originating in China, and of-
renewed material injury likely to result in the event of expiry of the existing 
measures. This evidence was considered sufficient to justify the opening of a 
review investigation. 
(3) On 17 October 1995, the Commission announced by a notice published in the 
Official Journal of the European Communities6 (hereinafter referred to as the 
"Notice of Initiation") the initiation of a review of Regulation (EEC) No 
3308/90 and commenced an investigation pursuant to Articles 11(2) and 11(3) 
of Council Regulation (EC) No 3283/947 which was replaced during the 
investigation by Council Regulation (EC) No 384/96 (hereinafter referred to as 
"the basic Regulation"). 
3. Investigation 
(4) The Commission officially advised the exporting producers and importers 
known to be concerned as well as their associations, the representatives of the 
4 OJNo L 215, 25.8.1993, p.l. 
5 OJ No C 95, 19.4.1995, p.7. 
6 OJNo C 271, 17.10.1995., p.3. 
7 OJ No L 349, 31.12.1994, p.l. 
3 
exporting country and the complainant Community producers of the initiation of 
the review. 
(5) Interested parties were given the opportunity to make their views known in 
writing and to request a hearing within the time limit set in the Notice of 
Initiation. 
A number of importers and one organisation representing such importers made 
their views known in writing. The Commission sent questionnaires to all parties 
known to be concerned and received replies', from four CommunSy producers 
and two importers in the Community. 
(6) The investigation was hampered by the fact that no Chinese exporters replied to 
the Commission's questionnaire or made their views known in writing. 
(7) The Commission sought and verified all information they deemed necessary for 
the purposes of a determination of dumping and injury and carried out 
investigations at the premises of the following companies: 
(a) Complainant Community producers 
Condepols S.A., Valencia (Spain), 
Cotesi, Carvalhos (Portugal), 
Saint Frères Emballage S.A., Paris (France), 
Thrace Plastics Co., Athens (Greece); 
(b) Producer/exporter in the analogue country 
Debant Plastik, Istanbul, Turkey 
(c) Importers 
Blockx, Arendonk, Belgium, 
Interjute, Hulst, Netherlands 
(8) 4 
The investigation of dumping covered the period from 1 January 1995 "to 
30 September 1995 .(hereinafter referred to as "the investigation period"). The 
examination of injury covered the period from 1 January 1992 to 30 Septembei 
1995. 
B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT 
1. Product under consideration 
V • < • ', 'f 
(9) The product under consideration is woven sacks and bags of a kind used for 
packaging of goods not knitted or crocheted, obtained from a polyethylene or 
polypropylene strip or the like of woven fabrics weighing 120 gr./m2 or less. 
There are many different types of sacks and bags manufactured from either raw 
material but they all have similar physical, chemical and technical 
characteristics. The sacks and bags are used for packaging, inter alia, industrial 
and agricultural products. 
Since the basic characteristics of the sacks and bags, whether physical, chemical 
or technical, and their use, are similar, it was considered that this review should 
cover all such sacks and bags. In particular, it was considered that sacks and 
bags from a fabric woven from strips of any width, and from fabric laminated to 
any extent, should be covered by the scope of the investigation. 
(10) The product as described above normally falls now within CN codes 6305 32 81 
and 6305 33 91 in accordance with Regulation (EC) No 2448/95». In the 
framework of the current review, however, the Commission became aware that 
the sacks and bags concerned can, if made from a fabric which is either woven 
Commission Regulation (EC) No 2448/95 of 10 October 1995 amending Annex I to Council 
Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs 
Tariff (OJ L 259, 30.10.1995, p. 1). The proceeding was opened for products falling within CN code 
6305 3191, which the Regulation in question subsequently replaced with the two CN-codes given. 
5 
from a strip wider than 5 mm, or laminated on both sides to an extent visible" to 
the naked eye, be classified under CN codes 3923 21 00, 3923 29 10 or 3923 29 
90 while still meeting the product description given above. 
2. Like product 
(11) The investigation showed that sacks and bags exported to the Community by 
Chinese companies constituted a like product to those produced in Turkey, 
which was eventually chosen as analogue country in view of China being 
considered a non-market economy country (see recitals (14) and (15) below). 
Similarly, the sacks and bags manufactured by the Community industry and sold 
on the Community market and those exported to the Community from China-
were alike in all respects as regards their physical, chemical and technical 
characteristics. It was found that the printing and hemming of certain bags 
referred to in recital (36) did not render them different from any other bags. It 
was also established that the sacks and bags had the same end-uses and 
competed with each other. 
(12) It was therefore concluded that, within the meaning of Article 1.(4) of the basic 
Regulation, the sacks and bags produced and sold in Turkey constituted a like 
product to those exported from China to the Community and to those produced 
and sold by the Community industry. 
C. LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING 
1. Preliminary remarks 
(13) The aim of the dumping investigation was to consider whether or not it could be 
determined that expiry of measures would be likely to lead to a continuation or 
recurrence of dumping, in particular by examining whether dumping continued 
to take place. 
2. Analogue country 
(14) As the People's Republic of China is considered a non-market economy country, 
the Commission announced at the initiation of the review that Turkey was 
envisaged as an appropriate market economy third country (hereinafter the 
analogue country) for the purpose of establishing normal value, in accordance 
with Article 2(7) of the basic Regulation. 
(15) All interested parties were given the opportunity to comment on me choice of 
analogue country. The Chinese exporters did not submit any comments 
concerning this choice. One importer and one European traders' association-
objected to it on the grounds that the Chinese and the Turkish macro-economic 
situations were not comparable and that Turkish capacity was not sufficient. 
The importer proposed Indonesia as an alternative analogue country. This 
proposal was rejected as it was established in an anti-dumping proceeding 
concerning the same product originating inter alia in Indonesia that the latter 
market was not governed by normal market forces. In these circumstances, and 
given the fact that the Turkish and Chinese producers use the same machines 
and the same raw materials, that several producers manufacturing the like 
product in representative quantities compete on the Turkish market and that 
Turkish capacity is currently sufficient, Turkey was found to be an appropriate 
choice of analogue country. The Commission received co-operation from one 
Turkish producer of the like product. 
3. Normal value 
(16) As explained in recital (15), the Commission sought and verified from 'one 
producer in the analogue country all the information they deemed necessary for 
the determination of normal value. 
(17) As far as this determination is concerned, the Commission established whether 
the co-operating producer's domestic sales in the analogue country were 
representative in accordance with Article 2(2) of the basic Regulation. 
7 
The investigation established that the total domestic sales of the co-opefatihg 
Turkish producer represented by volume less than 5% of the Chinese exports of 
the like product to the Community. 
(18) As the volume of domestic sales of the like product was not representative and 
as there were no other domestic sales by a co-operating producer, normal value 
was constructed. In accordance with Article 2(3) of the basic Regulation, the 
constructed « normal value was based on the co-operating Turkish producer's 
average costs of production per type of bag. In accordance with Article 2(6) of 
the basic Regulation, a reasonable amount for selling, general and -administrative 
costs and for profits was added to these costs. The former was established on 
the basis of actual data pertaining to the production and domestic sales of the -
like product made by the co-operating Turkish producer. With regard to the 
profit margin, given the high proportion of sales at a loss of the product 
concerned made by the co-operating producer, the profit margin was based, in 
accordance with Article 2(6)(c) of the basic Regulation, on the information 
obtained from other Turkish producers on the profit normally realised on sales 
of the like product in Turkey. 
(19) For the purpose of the investigation the product was classified by type (simple, 
lined and laminated). The different costs of production were calculated 
separately for the three different types of bags (simple, laminated and lined). 
4. Export Price 
(20) The exporter's questionnaire was sent to ten alleged producers in China but none 
of them replied. 
(21) Chinese exports of the product concerned were made to independent importers 
in the Community. The Commission obtained co-operation from two of the 
importers of the like products. It was considered that the prices reported by 
these importers were the best evidence available for the purpose of establishing 
8 
the export price because the volume of these transactions represenfed ~ a 
substantial proportion of the imports of the product from China and allowed a 
calculation per type of bag. 
(22) The export prices were therefore determined on the basis of prices actually paid 
by the two importers for the product concerned during the investigation period. 
These transactions concerned two types of the product concerned, i.e. simple 
and lined bags, which were considered representative of Chinese exports. This 
was because the transaction concerned formed a large proportion of the Chinese 
exports to the Community, since the co-operating importers represent 
themselves a very large proportion of all Chinese imports of the like products. 
5. Comparison 
(23) In accordance with Article 2(10) and (11) of the basic Regulation, the 
constructed normal value by product type was compared to the weighted average 
export price by product type on a free on board basis and at the same level of 
trade. To calculate the constructed normal value free on board Turkish port, the 
inland freight cost to the closest port was added to the constructed normal value 
established above in order to make a fair comparison with the Chinese export 
price which was reported FOB Shanghai. 
(24). As set out above, the Chinese export prices obtained from the two co-operating 
importers for the period of investigation concerned only simple and lined bags. 
The Commission therefore limited its comparison to these two types. 
6. Dumping margin 
(25) The comparison of the normal value with the export price showed the existence 
of dumping, the dumping margin being equal to the amount by which the 
normal value exceeded the price for export to the Community. 
(26) The weighted average dumping margin expressed as a percentage of the free-at-
Community frontier price, duty unpaid, is 102,4%. 
D. COMMUNITY INDUSTRY 
(27) The Commission considered whether the Community producers which 
supported the request for a review and cooperated with the investigation 
represented a major proportion of total Community production, as provided for 
in Article 4 (1) of the basic Regulation. In this respect it was found that the four 
producers who co-operated with the review manufactured a major share (at least 
65%) of the Community's total output. It was therefore concluded that the four 
co-operating producers could be considered to constitute the "Community 
industry" for the purposes of the investigation. 
E. LIKELIHOOD OF RECURRENCE OR CONTINUATION OF INJURY 
1. Preliminary remarks 
(28) The aims of the injury investigation were to consider whether or not it could be 
determined that expiry of measures would be likely to lead to a continuation or 
recurrence of injury, in accordance with Article 11(2) of the basic Regulation, 
and whether the measures were either no longer necessary or were no longer 
sufficient to counteract the dumping which is causing injury, in accordance with 
. Article 11(3). 
10 
2. Community consumption 
(29) Apparent Community consumption on the market for free circulation (based on 
questionnaire replies, Eurostat data and market information available to the 
Commission) increased from about 33,000 tonnes in 1992 to about 44,000 
tonnes in 1995, an increase of about 33%. 
(30) It should be noted that sacks and bags are imported under different import 
procedures. Anti-dumping and conventional duties are applicable only to 
imports for free circulation. 
3. Volume and market share of the dumped imports 
(31) The quantities of the product concerned imported from China for free circulation 
decreased from 3,884 tonnes in 1992 to 2,672 tonnes in 1995 The market share 
of these imports (calculated on the basis of the apparent consumption figures in 
recital (29) above) fell from 11.7% in 1992 to 6.1% in 1995. 
(32) It can be noted that while the volumes of Chinese imports for free circulation 
have fallen in recent years, they retain a significant market share. It can be 
considered that their ability to undercut Community producers on the free 
circulation market, even with the current measures in place (see recital (37) 
below), has contributed to downward pressure on prices on the Community 
market. 
11 
4. Prices of the dumped imports 
(33) The lack of co-operation from the Chinese exporters meant that the export price 
for the undercutting calculation was taken from the actual transactions (almost 
entirely for temporary import) of the two co-operating importers. These figures 
constituted the best information available, in particular since they allowed a 
price comparison by type of sack or bag (simple, lined, laminated etc.). 
(34) The Commission services compared average prices by type of sack or bag on the 
basis of sales to the first independent importer, in the case of the imports, and to 
the first independent customer, in the case of the Community producers. 
(35) Community producers sell almost entirely direct to end users. In the small 
number of cases where they sold to distributors, no appreciable price difference 
was observed. The import transactions, on the other hand, were all to wholesale 
importers with associated warehousing costs. In order to take account of this, 
the Commission adjusted the average Community producers' prices downwards 
by an appropriate adjustment for the differences in the level of trade. 
(36) All the import transactions observed were either (a) of simple sacks and bags or 
(b) of sacks and bags lined with a polyethylene liner. All the lined sacks and 
bags and all but one transaction of simple sacks and bags were hemmed at the 
top of the sack or bag and most were unprinted (printing being undertaken by 
the importer). By contrast most sales by Community producers were of printed, 
unhemmed sacks or bags. The selling prices of Community producers were 
therefore adjusted, where appropriate, by the deduction of printing costs and the 
12 
costs of adding a hem. The Commission then calculated an average Communrty 
producers' price for each type of sack or bag imported, weighted by sales by the 
four co-operating producers of the type in question. 
(37) Once these adjusted average prices per type of sack or bag were arrived at, a 
calculation was carried out in order to establish the level of actual undercutting, 
with the current measures in force, on the market in sacks and bags for free 
circulation. - The import prices were increased by 92.9% (7.2% conventional 
plus 85.7% AD duty) and compared with the adjusted Community producers' 
prices. It should be noted that the import transactions were for temr&rary import 
and would not therefore have incurred duty, but in the absence of verified 
transactions intended for free circulation this was the best information available. -
The result was undercutting margins of 4.7% for simple hemmed sacks and bags 
and 28.6% for lined hemmed sacks and bags, with an average of 15.3% 
(expressed as percentages of the adjusted EC producers' prices). 
5. Factors relating to the Community industry 
(38) .In the following paragraphs, concerning the change in certain key factors 
between 1992 and the investigation period, figures for the investigation period 
have been adjusted to make them comparable with full year figures since the 
period was of nine months only. 
Production 
(39) Production by the Community industry fell from 9,500 tonnes in 1992 to a 
comparable figure of 8,900 tonnes in the investigation period, a fall of 6%. 
13 
Sales volume and market share 
(40) The Community industry's sales by volume on the Community market fell by 
13%, from approximately 9,600 tonnes in 1992 to a comparable, figure of 
approximately 8,400 tonnes in the investigation period. This represented a fall 
in market share from 30.2% in 1992 to 19.1% in the investigation period. 
Sales value * 
(41) The Community industry's sales by value on the Community markél fell by 9%, 
from approximately 23.7 million ECU in 1992 to a comparable figure of 
approximately 21.6 million ECU in the investigation period. 
Profitability 
(42) Profitability of the Community industry for the product concerned declined, 
with losses increasing from 0.14% of sales in 1992 to 1.80% in the investigation 
period. 
Conclusion 
(43) These findings confirm that the Community industry is in a weakened state. 
This would be exacerbated in the event of undercutting on the scale which 
would arise in the event of the expiry of measures against imports from China. 
6. Price undercutting in the event of expiry of measures 
(44) A second undercutting calculation was undertaken to establish the threatened 
level of undercutting in the event of expiry of measures. The methodology was 
the same as for that described in recitals (34) to (37) above, except that to the 
import prices was added only the 7.2% conventional duty and not the current 
14 
anti-dumping duty of 85.7%. In this case undercutting margins"resulted "of 
47.0% for simple hemmed sacks and bags, 60.2% for lined hemmed sacks and 
bags and 52.9% on average, expressed as percentages of the adjusted EC 
producers'prices. 
7. x Conclusion 
(45) Although imports from China for free circulation have declined, they remain 
significant compared to production by the Community industry. In this 
economic sector it can be assumed that the Chinese exporters would have little 
or no difficulty in increasing their exports back to previous levels if thé 
economic conditions favoured this. • •. 
(46) Even with the current measures in place, imports from China are able to 
undercut EC producers on the "free circulation" market for sacks and bags. 
Were measures to expire the level of this undercutting would be dramatically 
increased, providing Chinese producers with a strong incentive to increase their 
exports to the Community and creating further downward pressure on 
Community producers' prices. 
(47) The sacks and bags concerned are subject to a quantitative limit (textiles 
category 33). However, the limit currently provides no significant constraint on 
imports (30% utilisation in 1995), in particular since the condition that it should 
apply even to sacks and bags intended for reexport outside the Community does 
not appear to be being rigidly applied. 
(48) It is therefore concluded that expiry of the measures would be likely to lead to a 
recurrence of injury. 
15 
(49) A further exercise, in accordance with Article 11(3) of the basic Regulation, was 
therefore carried out to determine whether the current measures were sufficient 
to counteract the dumping which is causing injury. This is covered in recitals 
(62) to (64) below. 
F. COMMUNITY INTEREST 
1. Introduction 
(50) No interested parties came forward in the course of the review other than 
producers and importers (see recital (5)). In particular, no users of sacks and 
bags came forward, which can be taken as a sign that the effect of the measures 
on their interests was limited. Nevertheless, an assessment as set out below was 
done of the wider Community interests involved. 
2. Price and quantity effects of measures 
(51) Since imposition of measures in 1990, imports of sacks and bags for free 
circulation from China have fallen. In that time apparent Community 
consumption has increased, so it can be assumed that purchasers have used other 
sources of supply rather than bought fewer sacks and bags. It can be concluded, 
in the absence of any representation or indication to the contrary, that the 
measures have not resulted in a shortage of supply. 
(52) The price before duty of imports from China fell until 1994 but recovered ' -» 
1995. Assessment on the basis of EUROSTAT statistics suggests that duty paid, 
imports for free circulation from China were some 70% more expensive in 1995 
than in 1990 before the imposition of measures. 
(53) Even at the proposed new rates of duty, Chinese prices will undercut 
Community producers' prices, since the new rate of duty is below the level of 
undercutting which would occur in the event of expiry of measures. EC demand 
16 
is apparently increasing. It can be considered unlikely, even after the imposition 
of the proposed new measures, that the Chinese exporters will reduce their duty 
free price or will be obliged to reduce their sales volumes on the market for free 
circulation by comparison with the current situation. It can reasonably be 
assumed that the price of Chinese imports on the market, for free circulation 
(after duties are paid) will rise marginally (less than 10%) as a result of the 
proposed new measures. 
3. Interests of the Community industry 
f 
(54) Current turnover of the cooperating EC companies is currently of the order of 23 
million ECU and employment of 650. people (scaled up to all EC producers, 
estimates of 35 million ECU and 1200 employees). 
(55) The investigation has shown that the Community industry has made efforts to 
rationalise and to switch to production of more specialised types of sacks and 
bags (such as Flexible Intermediate Bulk Containers), indicating that the 
industry can remain viable. The significant investments made in order to 
achieve this rationalisation would be^wasted if the industry concerned is not 
protected against unfair and injurious imports. Continuation of Anti-Dumping 
measures would serve to put the EC industry on a level playing field with 
imports from China by counteracting unfair competitive practices. 
4. Interests of users 
(56) The sacks and bags concerned are an industrial product whose main use is to 
package, inter alia, agricultural and chemical products. 
17 
(57) By definition the competitiveness in third country markets of users in the 
Community ofthe sacks and bags (such as agricultural exporters) should not be 
affected by measures since sacks and bags for reexport after filling will not be 
subject to the duty. Measures could however affect the competitiveness of users 
on the EC market vis-à-vis third country competitors. However, for the reasons 
given below this effect is considered to be minimal. 
(58) In order to assess the likely impact on users (in the absence of any submissions 
or complaints by them in the course of the investigation), the likely cost 
increases as a result of measures were expressed as proportions of'the value of 
the likely contents of a sack or bag (agricultural commodities etc.), in order to 
estimate the percentage increase in costs. This analysis showed that the cost 
increase for the large majority of users of Chinese sacks would be ofthe order of 
0.5% of this value. Since the price of the contents is only a part of users' total 
costs, the cost increase expressed as a proportion of total costs would be lower 
still. 
5. Interests of importers 
(59) Only two importers cooperated with the investigation out of more than 40 
contacted by the Commission, and submissions were received from one 
association of importers. 
(60) It should be noted that the proposed amended measures are not expected to 
reduce quantities of Chinese imports. Furthermore, importers are able to switch 
to other sources of supply, and are in any case largely involved in handling 
temporary imports which will be unaffected by the new measures. In these 
circumstances the impact of the proposed limited duty increase on importers is 
not expected to be substantial. 
18 
6. Conclusion 
(61) The Commission weighed up all the factors outlined above and considered that 
there were no compelling reasons not to maintain measures in force, amended 
according to the outcome ofthe review, in order to restore a competitive regime 
of fair pricing and to remove the threat of injury to the Community industry 
which would result if measures were allowed to expire. 
G. ANTI-DUMPING MEASURES 
1. Injury elimination level 
(62) In the course of the injury investigation it became clear that the mix of type of 
sacks and bags imported was different from that produced by the Community 
producers. No laminated sacks or bags, for example, were observed among the 
Chinese imports whereas they represent an important part of the production of 
most Community producers. It was found that simple -sacks and bags (the most 
imported kind) were much less profitable for Community producers than other 
types. 
(63) A calculation was therefore made on the basis of cost of production per type of 
sack or bag. In the case of some producers these costs had to be constructed, 
either because the company's standard costings by type were found not to be in 
line with their verified total costs or because no such standard costings existed. 
(64) To the costs thus arrived at an adjustment was made to take account of 
differences in the level of trade between the imports and the sales of Community 
producers (as in recital (35) above) and a profit margin was added. Comparison 
was made by type with the CIF prices ofthe observed imports, adjusted for the 
7.2% conventional duty. The weighted average margin thus arrived at, 
19 
expressed as proportion of the CIF value of the imports and representing the 
threat of underselling in the event of expiry of measures, and therefore the level 
of duty required to eliminate injury, was 120.9%. 
It was therefore determined that the current measures of 85.7% were not 
sufficient to counteract the dumping which is causing injury. 
2. Definitive duties ' 
(65) Since the result of the comparison sftows higher injury margfns than the 
dumping margin established, and since the new dumping margin was higher 
than the level of the duty subject to review, the duty should be based on the 
dumping margin found in accordance with Article 9(4) ofthe Basic Regulation. 
On the basis of the above the level of anti-dumping duty should be set at 
102.4%, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. A definitive anti-dumping duty is hereby imposed on imports of woven sacks and 
bags of a kind used for packaging of goods, not knitted or crocheted, obtained from a 
polyethylene or polypropylene strip or the like, of woven fabrics weighing 120 gr./m2 or 
less and originating in the People's Republic of China, falling within the following CN 
codes: 
CN code Tarie code 
6305 32 81 -
6305 33 91 -
ex3923 21(T0 3923 2100 10 
ex3923 29 10 3923 29 10 10 
ex3923 29 90 3923 29 90 10 
20 
2. The rate of the definitive anti-dumping duty applicable to the net, free-at-
Community-frontier price, before duty, shall be 102.4%. 
3. Unless otherwise specified, the provisions in force concerning customs duties 
shall apply. 
• • Article 2 
Regulation (EEC) No 3308/90 as amended by Regulation (EEC) No 2346/93 is hereby 
repealed. 
Article 3 
This Regulation shall enter into force on the day following its publication in the Official 
Journal of the European Communities. 
It shall expire five years after its entry into force, save that should any review of the 
measures adopted by this Regulation be pending on that date, it shall remain in force until 
that review is concluded. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
o2, 
ISSN 0254-1475 
COM(97) 485 final 
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