Notice of initiation of a reinvestigation pursuant to Article 12 of Council Regulation (EC) No 384/96 of the anti-dumping measures applicable to imports of polypropylene binder or baler twine originating in Poland

(2000/C 227/04)

The Commission has reveived a request pursuant to Article 12 of Council Regulation (EC) No 384/96(1), as last amened by Council Regulation (EC) No 905/98(2) (hereinafter referred to as "the Basic Reglation"), to investigate whether the anti-dumping measures imposed by Council Regulation (EC) No 603/1999 of 15 March 1999(3) on imports of polypropylene binder or baler twine originating in Poland have had an effect on resale prices or subsequent selling prices in the Community.

1. Request for review

The request was lodged on 26 June 2000 by the Liaison Committee of EU Twine, Cordage & Netting Industries (Eurocord, hereinafter referred to as "the applicant"), on behalf of the Community industry.

2. Product

The product concerned is polypropylene binder or baler twine (hereinafter referred to as "twines"). These twines are used in the agricultural sector, notably for binding bundles to be picked up by automatic balers or similar machines.

The product is manufactured in different thicknesses (runnages) and with different specifications in respect of, for example, knot and tensile strength, number of twists/turns per metre, colour, ultra-violet stabilisation and fibrillation. The product concerned is currently classifiable within CN code ex 5607 41 00.

3. Information submitted

The applicant has submitted sufficient information showing that the anti-dumping duties imposed on twines originating in Poland have not led to any movement or sufficient movement in resale prices or subsequent selling prices in the Community. In fact, the evidence contained in the request shows that export prices and resale prices in the Community of the product concerned have fallen significantly since the imposition of the anti-dumping measures, resulting in increased dumping which has impeded the intended remedial effects of the measures in force.

4. Procedure

Having determined, after consulting the Advisory Committee, that the request has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of an investigation, the Commission hereby initiates a reinvestigation in respect of imports of twines originating in Poland, purusant to Article 12(1) of the Basic Regulation.

(a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the producers/exporters and importers which participated in the investigation that led to the existing measures and which are concerned by the request.

The authorities of Poland will be notified of the initiation of the reinvestigation and provided with a copy of the request and of the questionnaire for producers/exporters.

Information, where appropriate, will also be sought from Community producers.

Other producers/exporters and importers are invited to contract the Commission forthwith in order to find out whether or not they are concerned by the reinvestigation. In the former case they should request a copy of the questionnaire as soon as possible, and in any event, no later than 15 days after the publication of this notice in the Official Journal of the European Communities, as all questionnaires have to be completed within the time limit set in paragraph 5 of this notice. Any request for questionnaires mut be made in writing to the address mentioned below and should indicate the name, address, telephone, fax, e-mail address and/or telex numbers of the interested party.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known in writing and to provide supporting evidence. In particular, exporters, importers and Community producers may clarify the situation with regard to export prices and resale prices of the product under investigation in the Community.

Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.

5. Time limit

Interested parties, if their representations are to be taken into account during the investigation, must make themselves known, present their views in writing, and submit information within 40 days from the date of the publication of this notice in the Official Journal of the European Communities. Interested parties may also apply to be heard by the Commission within the same time limit. This time limit also applies to interested parties not named in the request and it is, consequently, in the interest of these parties to contact the Commission without delay at the following address: European Commission Directorate-General for Trade

Directorate C

DM 24 - 8/81

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

6. Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information 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.

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

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

(3) OJ L 75, 20.3.1999, p. 1.