Notice of initiation of an interim review of the anti-dumping measures applicable to imports of polyester textured filament yarn (PTY) originating, inter alia, in Thailand

(2000/C 170/03)

The Commission has received a request for a partial interim review of Council Regulation (EC) No 2160/96(1) imposing a definitive anti-dumping duty on imports of polyester textured filament yarn (PTY) originating, inter alia, in Thailand.

1. Request for review

The request pursuant to Article 11(3) of Council Regulation (EC) No 384/96(2) (hereinafter referred to as the "the basic Regulation") was made by Sunflag (Thailand) Ltd (hereinafter referred to as "the applicant"), a Thai exporting producer of polyester yarn subject to the anti-dumping measures in force. The request is limited in scope to the examination of dumping as far as the applicant is concerned.

2. Product

The product concerned is textured synthetic filament yarn of polyesters (PTY), currently classifiable within CN code 5402 33 00. This CN code is only given for information.

3. Existing measures

By Council Regulation (EC) No 2160/96 a definitive anti-dumping duty has been imposed on imports of polyester textured filament yarn (PTY) as described in paragraph 2 originating in Thailand.

4. Grounds for the review

The applicant's request is based on the grounds that a review of the measures would be likely to result in a repeal of the current anti-dumping duty applicable to it.

The applicant submitted sufficient prima facie evidence showing that the circumstances on the basis of which the measures in force were established have changed and that these changes are of a lasting nature. The applicant alleges that costs and normal values have decreased substantially because of a number of factors such as increased capacity utilisation and efficiency while at the same time export prices have remained constant so that the continued imposition of the measures to it is no longer necessary to counteract dumping.

5. Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists for the initiation of an interim review, the Commission hereby initiates a review pursuant to Article 11(3) of the basic Regulation, limited in scope to the examination of dumping as far as the applicant is concerned.

In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant. The time limit for the reply to this questionnaire is specified in paragraph 6 of this notice.

All interested parties are hereby invited to make their views known in writing and provide supporting evidence.

Furthermore, the Commission may hear interested parties, provided that they make a request in writing to the address mentioned below and should indicate the name, address, e-mail address, fax and/or telephone number of the interested parties.

6. Time limit

Interested parties, if their representations are to be taken into account during the review, must make themselves known, present their views in writing and submit information within 40 days of the publication of this notice in the Official Journal of the European Communities. Interested parties may also apply to be heard within the same time limit.

The address for correspondence is: European Commission , Directorate-General for Trade,

Directorate C,

DM 24 - 8/38,

Rue de la Loi/Wetstraat 200 , B - 1049 Brussels Fax (32-2) 295 65 05 Telex: COMEU B 21877

7. Non-cooperation

In case in which any interested party refuses access to or does not provide the necessary information within the time limit, 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 facts available.

(1) OJ L 289, 12.11.1996, p. 14.

(2) OJ L 56, 6.3.1996, p. 1 (Regulation as last amended by Regulation (EC) No 905/98 (OJ L 128, 30.4.1998, p. 18)).