Council Regulation (EC) No 1822/98 of 14 August 1998 amending Regulation (EC) No 2160/96 imposing a definitive anti-dumping duty on imports of polyester textured filament yarn originating, inter alia, in Indonesia
Date: 1998-08-14
Institutions: Council of the European Union
Subjects: Indonesia, anti-dumping duty, import, originating product, plastics, textile fibre

22. 8. 98

EN

Official Journal of the European Communities

L 236/3

COUNCIL REGULATION (EC) No 1822/98

of 14 August 1998

amending Regulation (EC) No 2160/96 imposing a definitive anti-dumping duty
on imports of polyester textured filament yarn originating, inter alia, in Indo-
nesia

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
the European
Community (1), and in particular Article 11(4) thereof,

not members

of

Having regard to the proposal submitted by the Commis-
sion after consulting the Advisory Committee,

Whereas:

(1)

(2)

A. PREVIOUS PROCEDURE

By Regulation (EC) No 2160/96 (2), the Council
imposed a definitive anti-dumping duty of 20,2 %
on imports of polyester textured filament yarn
(hereinafter referred to as ‘product concerned' or
‘PTY') originating, inter alia, in Indonesia, with
the exception of
imports from four Indonesian
exporters specifically mentioned, which are either
subject to a lesser rate of duty or to no duty at all.
The product is currently classifiable within CN
code 5402 33 00.

B. PRESENT PROCEDURE

The Commission subsequently received an applica-
tion for a review of the measures currently in force,
i.e. a request to initiate a ‘new exporter' review of
Regulation (EC) No 2160/96, pursuant to Article
11(4) of Regulation (EC) No 384/96 (hereinafter
referred to as the ‘Basic Regulation'),
from the
Indonesian producer PT Polyfin Canggih (herein-
after referred to as ‘the company').

The company claimed that it was not related to any
of the exporters or producers in Indonesia subject
to the anti-dumping measures in force with regard
to the product concerned. Furthermore, it claimed
that it had not exported the product concerned
during the original period of investigation (1 July
1993 to 30 June 1994) but had exported the
product concerned to the Community since then.

(3)

The Commission, having examined the evidence
submitted by the Indonesian exporter concerned,
which was considered sufficient to justify the initia-

(1) 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).

(2) OJ L 289, 12. 11. 1996, p. 14.

tion of a review in accordance with Article 11(4) of
the Basic Regulation, after consultation of
the
Advisory Committee and after the Community
industry concerned had been given the opportunity
to comment,
initiated, by Regulation (EC) No
2544/97 (3), a review of Regulation (EC) No 2160/
96 with regard to the company and commenced its
investigation.

the
By the Regulation initiating the review,
Commission also repealed the anti-dumping duty
imposed by Regulation (EC) No 2160/96 with
regard to imports of
the product concerned,
produced and exported to the Community by the
authorities,
company,
pursuant to Article 14(5) of the Basic Regulation, to
take appropriate steps to register such imports.

customs

directed

and

The product covered by the present review is the
same product as the one under consideration in
Regulation (EC) No 2160/96.

it

The Commission officially advised the company
and the representatives of the exporting country.
Furthermore,
directly
concerned the opportunity to make their views
known in writing and to request a hearing.
However, no such request was received by the
Commission.

parties

other

gave

The Commission sent a questionnaire to the
company and received a full reply within the dead-
line. The Commission sought and verified all infor-
mation it deemed necessary for the purpose of the
investigation and carried out a verification visit at
the company’s premises.

The investigation of dumping covered the period
from 1 October 1996 to 30 September 1997 (here-
inafter referred to as the ‘investigation period').

The same methodology as that used in the original
investigation was applied in the present
invest-
igation.

C. SCOPE OF THE REVIEW

As no request for a review of the findings on injury
this review is
was made in this investigation,
limited to dumping.

(4)

(5)

(6)

(7)

(8)

(3) OJ L 347, 18. 12. 1997, p. 31.

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Official Journal of the European Communities

22. 8. 98

D. RESULTS OF THE INVESTIGATION

1. New exporter qualification

(9)

The investigation confirmed that the company had
not exported the product concerned during the
original period of investigation. PTY production
and exports to the Community started only in the
second half of 1994.

the company,

Furthermore, according to documentary evidence
submitted,
satisfactorily demon-
strated that it did not have any links, direct or
the Indonesian exporters
indirect, with any of
subject to the anti-dumping measures in force with
regard to the product concerned.

it

Accordingly,
the company
is confirmed that
should be considered as a new exporter in accord-
ance with Article 11(4) of the Basic Regulation, and
thus its individual dumping margin should be
determined.

2. Dumping

A. Normal value

(10)

In accordance with Article 2(2) of the Basic Regula-
tion, it was examined whether the volume of the
company’s sales of PTY on the domestic market
constituted overall at least 5 % of the volume of
the exports of the like product to the Community.
In this respect, a number of transactions reported
were found not to be of the like product and were
therefore excluded from the calculations. It was
nonetheless
of
domestic sales of the like product was at a level
considerably in excess of
the 5 % threshold
mentioned above.

established that

volume

the

For each type of PTY exported to the Community,
it was then examined whether or not there were
representative domestic sales of identical or directly
comparable types.

For each type of PTY, the volume sold in Indo-
nesia during the investigation period represented
5 % or more of the quantity of the comparable
type of PTY sold for export to the Community.
Domestic sales of each type exported were there-
fore considered to have been made in sufficient
quantities within the meaning of Article 2(2) of the
Basic Regulation.

exchange rate gains and losses, interest expenditue
and interest income were also adjusted.

The Commission subsequently examined whether
the domestic sales of each type of PTY exported to
the Community could be considered to have been
made in the ordinary course of trade, pursuant to
Article 2(4) of
the Basic Regulation. For each
product type, it was determined that the volume of
sales below unit cost was less than 20 % of total
sales being used to determine normal value.

All domestic sales were therefore regarded as
having been made in the ordinary course of trade.
In accordance with Article 2(1) of the Basic Regula-
tion, normal value was based on the weighted
average prices of all domestic sales of the product
types corresponding to those exported to the
Community.

(11)

(12)

B. Export price

Export prices were established on the basis of the
prices actually paid, or payable, for the product
concerned when sold for export to independent
customers in the Community, in accordance with
Article 2(8) of the Basic Regulation.

C. Comparison

In accordance with Article 2(11) of the Basic Regu-
lation,
the weighted average normal value by
product type was compared, on an ex factory basis,
to the weighted average export price at the same
level of trade.

For the purpose of a fair comparison, due allow-
ance in the form of adjustments was made for
differences which were claimed and demonstrated
to affect prices and price comparability. These
adjustments were made, in accordance with Article
2(10) of
in respect of
commissions,
insurance, handling and
ancillary costs, credit costs, discounts and rebates.

the Basic Regulation,

transport,

D. Dumping margin

(13)

The comparison showed that no dumping existed
for exports of PTY to the Community made by the
company during the investigation period.

For the purposes of examining whether sales of the
like product had been made in the ordinary course
of trade, information supplied on cost of produc-
tion was verified.

(14)

A number of material errors in the costs reported
for
by the company were corrected. Amounts

E. AMENDMENT OF THE MEASURES BEING

REVIEWED

Based on the findings of no dumping made during
the investigation, it is considered that imports into
the Community of PTY, produced and exported by
the company should not be subject to an anti-
dumping duty. Regulation (EC) No 2160/96 should
therefore be amended accordingly.

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F. DISCLOSURE AND DURATION OF THE

MEASURE

‘nor to such imports produced and exported by PT
Polyfin Canggih (TARIC additional code 8885)'.

(15)

(16)

informed of

The company was
the facts and
considerations on the basis of which it is intended
to propose the amendment of Regulation (EC) No
2160/96,
to
comment. No comments were received.

and was given the opportunity

Article 2

The review carried out does not affect the date on
which Regulation (EC) No 2160/96 will expire
pursuant to Article 11(2) of the Basic Regulation,

Customs authorities are hereby directed to discontinue
registration pursuant to Article 3 of Regulation (EC) No
2544/97.

HAS ADOPTED THIS REGULATION:

Article 1

Article 3

Article 1(2) of Regulation (EC) No 2160/96 is hereby
amended by adding the following to the end of
the
section on Indonesia:

This Regulation shall enter
into force on the day
following that of 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, 14 August 1998.

For the Council

The President

W. SCH(cid:154)SSEL