Notice of initiation of a partial interim review of the anti-subsidy measures applicable to imports of polyethylene terephthalate (PET) film originating in India

(2002/C 154/02)

The Commission has received a request for a partial interim review pursuant to Article 19 of Council Regulation (EC) No 2026/97(1) ("the basic Regulation").

1. Request for review

The request was lodged by Polyplex Corporation Limited ("the applicant"), an exporter from India.

The request is limited in scope to the form of the measure and, in particular, to the examination of the acceptability of an undertaking offered by the applicant.

2. Product

The product under review is polyethylene terephthalate (PET) film originating in India ("the product concerned"), currently classifiable within CN codes ex 3920 62 19 and ex 3920 62 90. These CN codes are given only for information.

3. Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Regulation (EC) No 2597/1999(2) on imports of polyethylene terephthalate (PET) film originating in India.

4. Grounds for the review

The applicant provides information that an undertaking of the same nature as the one accepted in a subsequent anti-dumping proceeding(3) would remove the injurious effects of subsidisation and could be monitored. The applicant states that it is ready to provide such an undertaking. Therefore, it is warranted to review the form of the measure.

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 19 of the basic Regulation, limited in scope to the examination of the acceptability of an undertaking from the applicant.

(a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant 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 6(a) 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 6(a) 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 6(b) of this notice.

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 Communities, unless otherwise specified.

(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, and/or telex numbers of the interested party.

Commission address for correspondence: European Commission Directorate-General for Trade

Directorate B

Office: J-79 5/16 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 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 28 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 288, 21.10.1997, p. 1.

(2) OJ L 316, 10.12.1999, p. 1.

(3) A definitive anti-dumping duty was imposed by Council Regulation (EC) No 1676/2001 (OJ L 227, 23.8.2001, p. 1) on imports of PET film originating, inter alia, in India and undertakings in connection therewith were accepted by Commission Decision 2001/645/EC (OJ L 227, 23.8.2001, p. 56).