Commission Regulation (EC) No 802/98 of 16 April 1998 initiating a 'new exporter' review of Council Regulation (EC) No 1950/97 imposing a definitive anti-dumping duty on imports of sacks and bags made of polyethylene or polypropylene originating, inter alia, in India, repealing the duty with regard to imports from four exporters in this country and making these imports subject to registration
Date: 1998-04-16
Institutions: European Commission
Subjects: anti-dumping legislation, import policy, originating product, packaging product, plastics, third country

17. 4. 98

EN

Official Journal of the European Communities

L 115/3

COMMISSION REGULATION (EC) No 802/98

of 16 April 1998

initiating a ‘new exporter' review of Council Regulation (EC) No 1950/97
imposing a definitive anti-dumping duty on imports of sacks and bags made of
polyethylene or polypropylene originating, inter alia, in India, repealing the duty
with regard to imports from four exporters in this country and making these
imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

originating in India, with the exception of several
companies especially mentioned which are subject
to a lesser duty.

Having regard to Council Regulation (EC) No 384/96 of
22 December 1995 on protection against dumped imports
the European
from countries
Community (1), as amended by Regulation (EC) No 2331/
96 (2), and in particular Article 11(4) thereof,

not members

of

After consulting the Advisory Committee,

Whereas:

A. REQUEST FOR A REVIEW

(1)

(2)

The Commission has received applications for a
‘new exporter' review pursuant to Article 11(4) of
Regulation (EC) No 384/96 (hereinafter referred to
as ‘the Basic Regulation'). The applications were
lodged by Hyderabad Polymers Pvt. Ltd, Pithampur
Poly Products Ltd, Sangam Cirfab Pvt. Ltd, and
Synthetic Fibres (Mysore) Pvt. Ltd, four exporters in
India which claim they did not export the product
concerned during the period of investigation on
which the anti-dumping measures were based, i.e.
the period 1 April 1994 to 31 March 1995 (herein-
after
investigation
period').

referred to as

‘the original

B. PRODUCT

The product concerned is woven sacks and bags of
a kind used for packaging of goods, not knitted or
crocheted, obtained from a polyethylene or poly-
propylene strip or
the like of woven fabrics
weighing 120 gr/m2 or less. The product described
falls within CN codes 6305 32 81, 6305 33 91, ex
3923 21 00, ex 3923 29 10 and ex 3923 29 90.
These codes are given for information.

C. EXISTING MEASURES

(3)

By Regulation (EC) No 1950/97 (3)
the Council
imposed, inter alia, a definitive anti-dumping duty
of 36,0 % on imports of the product concerned

(1) OJ L 56, 6. 3. 1996, p. 1.
(2) OJ L 317, 6. 12. 1996, p. 1.
(3) OJ L 276, 9. 10. 1997, p. 1.

(4)

(5)

(6)

(7)

D. GROUNDS FOR THE REVIEW

The applicants, Hyderabad Polymers Pvt. Ltd,
Pithampur Poly Products Ltd, Sangam Cirfab Pvt.
Ltd, and Synthetic Fibres (Mysore) Pvt. Ltd, India,
have shown that they are not related to any of the
exporting producers in India which are subject to
the afore-mentioned anti-dumping measures on
the product concerned, and that
they started
exporting to the Community after the original
investigation period.

Community producers known to be concerned
have been informed of the above application and
have been given an opportunity to comment.

In the light of
the Commission
the above,
concludes that there is sufficient evidence to justify
the initiation of a review pursuant to Article 11(4)
of the Basic Regulation with a view to determining
the applicants’ individual margins of dumping and,
should dumping be found, the level of duty to
which their imports of the product concerned into
the Community should be subject.

E. REPEAL OF THE DUTY IN FORCE AND

REGISTRATION OF IMPORTS

Pursuant to Article 11(4) of the Basic Regulation,
the anti-dumping duty in force should be repealed
with regard to imports of the product concerned
originating in India which are produced and sold
for export to the Community by the applicants. At
the same time, such imports should be made
subject to registration in accordance with Article
14(5) of that Regulation, in order to ensure that,
in a determination of
should the review result
dumping in respect of
anti-
applicants,
the
dumping duties can be levied retroactively from the
date of the initiation of this review. The amount of
the applicant’s possible future liabilities cannot be
estimated at this stage of the proceeding.

L 115/4

EN

Official Journal of the European Communities

17. 4. 98

(8)

(9)

F. TIME LIMIT

In the interest of sound administration, a period
should be fixed within which interested parties,
provided they can show that they are likely to be
affected by the results of the investigation, may
make their views known in writing and submit
supporting evidence. A period should also be fixed
within which interested parties may make a written
request
there are
for a hearing and show that
particular reasons why they should be heard.

G. NON-COOPERATION

It should be noted that in cases in which any
interested party refuses access to, or otherwise does
not provide, necessary information within the rel-
evant
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,

HAS ADOPTED THIS REGULATION:

Article 1

A review of Regulation (EC) No 1950/97 is hereby
initiated in order to determine if and to what extent
imports of sacks and bags made of polyethylene or poly-
propylene
6305 32 81,
falling within CN codes
6305 33 91, ex 3923 21 00 (3923 21 00*10), ex 3923 29 10
(3923 29 10*10) and ex 3923 29 90 (3923 29 90*10), origin-
ating in India, produced and sold for export
to the
Community by Hyderabad Polymers Pvt. Ltd (TARIC
additional code: 8106), Pithampur Poly Products Ltd
(TARIC additional code: 8155), Sangam Cirfab Pvt. Ltd
(TARIC additional code: 8156) and Synthetic Fibres
(Mysore) Pvt. Ltd, India (TARIC additional code: 8157),
should be subject to the anti-dumping duty imposed by
Regulation (EC) No 1950/97.

product identified in Article 1 (TARIC additional code:
8900).

Article 3

The customs authorities are hereby directed, pursuant to
Article 14(5) of Regulation (EC) No 384/96, to take the
appropriate steps to register the imports identified in
Article 1. Registration shall expire nine months following
the date of entry into force of this Regulation.

Article 4

Interested parties, if their representations are to be taken
into account during the investigation, must make them-
selves known, present their views in writing and submit
information within 37 days from the date of transmission
of this Regulation to the authorities of the exporting
country. Interested parties may also apply to be heard by
the Commission within the same time limit. The trans-
mission of a copy of this Regulation to the authorities of
the exporting country shall be deemed to have taken
place on the third day following its publication in the
Official Journal of the European Communities.

Any information relating to the matter and any request
for a hearing should be sent to the following address:

European Commission,

Directorate-General for External Relations: Commercial
Policy and Relations with North America, the Far East,
Australia and New Zealand,

DM-24 8/38,

Rue de la Loi/Wetstraat 200,

B-1049 Brussels;

Fax:

(322) 295 65 05,

Telex: COMEU B 21877.

Article 5

Article 2

The anti-dumping duty imposed by Regulation (EC) No
1950/97 is hereby repealed with regard to imports of the

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, 16 April 1998.

For the Commission

Leon BRITTAN

Vice-President