Proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EEC) No 738/92 of 23 March 1992 imposing a definitive anti-dumping duty on imports of cotton yarn originating in Brazil and Turkey
Date: 1997-02-11
Institutions: European Commission
Subjects: Brazil, Türkiye, anti-dumping duty, dumping, textile fibre

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  11.02.1997 
COM(97)44  final 

Proposal  for a 

COUNCIL flEQULATlQN (EC) 

amending Council  Regulation (EEC) No 738/92 of 23 March  1992 imposing 

a definitive  anti-dumping duty on imports of cotton yarn originating 

in Brazil and Turkey 

(presented  by the Commission) 

EXPLANATORY MEMORANDUM 

1.  According to Article  11(4) of the Council Regulation (EC) No 384/96,  in all cases 

where sampling has been used, the possibility of  a new exporter review  under that 

provision is excluded.  The consequence is that the residual duty is applied to all new 

exporters in these instances.  In cases where no sampling has been applied, however, 

the new exporter, pursuant to Article  11(4), can seek a review in order to receive an 

individual duty. 

2. 

In  order  to  mitigate  the  effects  of  the  above  situation,  an  article  whereby  new 

exporters may, under certain requirements, be subject to the average duty resulting 

from  the  sample,  could  be  included  in  Regulations  adopting  definitive  measures 

where sampling has been used to calculate dumping.  In this way, these companies 

will receive the same treatment as was given to co-operating companies not included 

in the sample during the investigation. 

3. 

In implementing such an article, when a firm provides sufficient  evidence of being a 

genuine new  exporter  (and  subject  to an assessment of its new exporter  status), the 

Commission will consult the Anti-dumping Advisory Committee in order to propose 

to the Council that the enterprise be added to the list of the companies subject  to the 

weighted average duty in the regulation imposing measures. 

4.  Council  Regulation  (EEC)  No  738/92  imposed  a  definitive  anti-dumping  duty  on 

imports of cotton  yarn  originating, inter alia, in Turkey.  Sampling  was  used  in the 

investigation that led to the imposition of duties. 

5. 

In application  of the above, it.is proposed the Council adopt the Regulation  annexed 

amending  Council  Regulation  (EEC)  No  738/92,  in  order  to  include  an  article 

whereby  exporters  which  satisfy  the definition  of  a new  exporter  as  set  out  in  the 

second paragraph of Article  11(4) can be assigned the weighted average duty. 

0 

COUNCIL REGULATION (EC) No 

of 

amending Council Regulation (EEC) No 738/92 of 23 March 1992 imposing 

a definitive anti-dumping duty on imports of cotton yarn originating 

in Brazil and Turkey. 

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  1995'  on 

protection  against  dumped  imports  from  countries  not  members  of  the  European 

Community. 

Having  regard  to  the  proposal  from  the  Commission,  after  consulting  the  Advisory 

Committee, 

Whereas: 

1 OJ No L 56,6.3.1996, p. I. 

7 

A. PREVIOUS PROCEDURE 

(1)  The  Council,  by  Regulation  (EEC)  No  738/922,  imposed  definitive  anti-dumping 

duties on imports of cotton yarn falling within CN Codes 5205  11 00 to 5205 45 90 and 

5206  11 00 to 5206 45  90 originating,  inter alia, in Turkey.  Sampling  was  applied to 

Turkish exporters,  and individual  duties ranging from 4,9% to  12.1% were imposed on 

the  companies  in  the  sample,  while  other co-operating  companies  not  included  in  the 

sample  received  a weighted  average  duty  of  9%.  A  duty  of  12.1% was  imposed  on 

companies  which  either  did  not  make  themselves  known  or did  not  co-operate  in  the 

investigation. 

B. AMENDMENT 

(2) In accordance with the provisions of Article  11(4) of the Council Regulation (EC) No 

384/96,  a new exporter's review  to determine  individual  dumping margins could  not be 

initiated in this proceeding, as sampling was used in the original investigation.  However, 

in  order  to  ensure  equal  treatment  between  any  new  exporters  and  the  co-operating 

companies  not included in the sample during the original  investigation,  it is  considered 

that  provision  should  be  made  for  the  weighted  average  duty  imposed  on  the  latter 

companies  to be  applied  to  any new  exporters  which  would  otherwise  be entitled  to a 

review pursuant to Article 11(4). 

2 OJ No L 82, 27.3.1992, p. 1. 

HAS ADOPTED THIS REGULATION: 

Article 1 

The  following  paragraph  shall  be  added  to  Article  1 of  Council  Regulation  (EEC)  No 

738/92: 

'6. Where any party provides sufficient  evidence to the Commission that it did not export 

the goods described in Article  1(1) during the investigation period, that it is not related to 

any exporter  or producer  subject  to the measures  imposed  by this  Regulation  and  that it 

has exported the goods concerned after the investigation period, or that it has entered into 

an  irrevocable  contractual  obligation  to export  a significant  quantity  to the  Community, 

then the Council, acting by simple majority  on a proposal  submitted  by the Commission 

after  consulting the Advisory Committee, may amend Article  1(2) by adding that party to 

Article  1(2).' 

Article 2 

This Regulation  shall enter into force  on the day following  its publication  in the  Official 

Journal of the European Communities. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 

States. 

Done at Brussels, 

Ç 

ISSN 0254-1475 

COM(97) 44 final 

DOCUMENTS 

EN 

02  11  03 

Catalogue number  :  CB-CO-97-042-EN-C 

ISBN 92-78-15587-X 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

=r