Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of polyester textured filament yarn originating in Indonesia and Thailand

(2001/C 316/04)

Following the publication of a notice of impending expiry(1) of the anti-dumping measures in force on imports of polyester textured filament yarn originating in Indonesia and Thailand, ("countries concerned"), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 384/96(2), as last amended by Regulation (EC) No 2238/2000(3) ("the Basic Regulation").

1. Request for review

The request was lodged on 9 August 2001 by the International Committee of Rayon and Synthetic Fibres (CIRFS) ("the applicant") on behalf of producers representing a major proportion, in this case more than 50 %, of the total Community production of polyester textured filament yarn (PTY).

2. Product

The product under review is polyester textured filament yarn ("the product concerned"), currently classifiable within CN code 5402 33 00. This CN code is given only for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 2160/96(4), as last amended by Regulation (EC) No 1078/2001(5).

4. Grounds for the review

The request is based on the grounds that the expiry of measures would be likely to result in a continuation with regard to Indonesia and a recurrence with regard to Thailand of dumping and injury to the Community industry.

In respect of Indonesia, the applicant alleges that exports to the Community have continued to be made in substantial quantities at dumped prices. The allegation of continuation of dumping in respect of Indonesia is based, 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.

With regard to Thailand the applicant alleges that there is a likelihood of recurrence of substantial exports at dumped prices based on the findings of the recent review investigation and on the evidence that exports from Thailand to other third countries, i.e. the United States of America, are made at dumped prices.

Concerning injury aspects, it is alleged that, despite the measures in force, the penetration of Indonesian imports of the product concerned in significant quantities and at dumped prices have continued, among other consequences, to have a negative impact on the market share held by the Community industry, resulting in substantial adverse effects on its overall performance and financial situation. Furthermore, should measures lapse, the current import level of the product concerned is likely to increase significantly, given the substantial unused capacity in both Indonesia and Thailand (which is also forecast to increase in the medium term) and the existence of well-established distribution channels in the Community for these imports of the product concerned.

The applicant alleges that the situation of the Community industry is still fragile and that any further substantial increase of imports at dumped prices from the countries concerned would be likely to cause even further injury to the Community industry.

5. Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the Basic Regulation.

5.1. Procedure for the determination of likelihood of dumping and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation or recurrence of dumping and injury.

(a) Sampling

In view of the apparent large number of exporters 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 Indonesia and Thailand

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 to provide the following information on their company or companies within the time limit set in point 6(b)(i) of this notice:

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

- the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period 1 October 2000 to 30 September 2001,

- the turnover in local currency and the volume in tonnes of the product concerned sold on the domestic market during the period 1 October 2000 to 30 September 2001,

- the precise activities of the company with regard to the production of the product concerned and the volume in tonnes of the product concerned produced during the period 1 October 2000 to 30 September 2001,

- the names and the precise activities of all related companies(6) 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 or companies agree 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 the exporting country, 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 point 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 point 6(b)(ii) of this notice and must cooperate within 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 sampled exporters/producers in Indonesia and Thailand to any association of exporters/producers, to the importers, and to any association of importers named in the request or which cooperated in the investigation leading to the measures subject to the present review, and to the authorities of the exporting countries concerned.

Exporters producers in Indonesia and Thailand claiming an individual margin, with a view to the application of Articles 17(3) and 9(6) of the Basic Regulation, should request a questionnaire within the time limit set in point 6(a)(i), given that they have to submit a duly completed questionnaire within the time limit set in point 6(a)(ii) 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.

In any event, all parties who did not cooperate during the investigation leading to measures subject to the present review should contact the Commission forthwith by fax in order to find out whether they are listed in the request and if necessary request a questionnaire within the time limit set in point 6(a)(i), given that the time limit set in points 6(a)(ii) and 6(b) of this notice applies to all interested parties.

(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 must reach the Commission within the time limit set in point 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 point 6(a)(iii) of this notice.

5.2. Procedure for the assessment of Community interest

In accordance with Article 21 of the Basic Regulation and in the event that the likelihood of a continuation of dumping and injury is confirmed, a decision will be reached as to whether to maintain or repeal the anti-dumping measures would not be against the Community interest. For this reason 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 time limits set in point 6(a)(ii) of this notice, make themselves known and provide the Commission with information. The parties which have acted in conformity with the precedent sentence may request a hearing, setting the particular reasons why they should be heard, within the time limit set in point 6(a)(iii) of this notice. 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 parties falling under point 5(b) of this notice 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 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. 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.

(iii) Hearings

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

(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 from 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 B and C

TERV - 0/13 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 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 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.

(1) OJ C 74, 7.3.2001, p. 2.

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

(3) OJ L 257, 11.10.2000, p. 2.

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

(5) OJ L 149, 2.6.2001, p. 5.

(6) For guidance on the meaning of related companies, please refer to Article 143(1) of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code (OJ L 253, 11.10.1993, p. 1).