Proposal for a Council Regulation (EC) imposing a definitive anti-dumping duty on imports of synthetic fibres of polyesters originating in Taiwan and terminating the proceeding in respect of imports of synthetic fibres of polyesters originating in the Republic of Korea
Date: 1999-07-22
Institutions: European Commission
Subjects: South Korea, Taiwan, anti-dumping duty, import (EU), trade policy

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.07.1999
COM(1999)383 final

Proposal for a

COUNCIL REGULATION (EC)

imposing a definitive anti-dumping duty on imports of synthetic fibres of
polyesters originating in Taiwan and terminating the proceeding in respect of
imports of synthetic fibres of polyesters originating in the Republic of Korea

(presented by the Commission)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

EXPLANATORY MEMORANDUM

Attached is a proposal for a Council Regulation maintaining the anti-dumping
duty on imports of synthetic fibres of polyesters (“PSF”) originating in Taiwan
and terminating the proceeding in respect of imports of PSF originating in the
Republic of Korea.

The review investigation concerning anti-dumping measures on imports of
PSF originating in Korea and Taiwan was initiated on 22 November 1997,
under Article 11(2) of the Basic Anti-dumping Regulation. In accordance with
Article 11 (2) the measures remain in force pending the outcome thereof.

The proposal to maintain the definitive anti-dumping duty is essentially based
on the continuation of dumping, the existence of available capacity in Taiwan,
the price behaviour of the exporting producers towards third markets, the
existence of important price undercutting. Furthermore the market share of
imports
from Taiwan increased by 253% during the period under
investigation, when the financial situation of the Community industry took a
downward turn. Therefore, in view of the likelihood of recurrence of injurious
dumping, the existing anti-dumping measures in respect to Taiwan should be
maintained.

Concerning Korea the weighted average dumping margin established was
1.8%. The Commission did not find any indication that the removal of the
existing measures would lead to a change of this situation in the foreseeable
future. It was therefore concluded that there was no likelihood of recurrence of
dumping.

The co-operating interested parties were informed of the essential facts and
considerations on the basis of which the Commission services intended to
recommend that the definitive anti-dumping duty be maintained at its current
level. Subsequent to this disclosure no comments were received which could
alter these facts and considerations.

No substantiated evidence was submitted by users. Only one user association
made some general comments requesting the termination of the measures. In
reviewing all the interests involved in the light of the comments received, and
since the measures have been in place for a certain period, and would be
maintained at the same level only with regard to imports from Taiwan, it can
be concluded that this would not imply any significant adverse effects on
users.

In the light of the above the Commission therefore proposes that the Council
approve the maintaining of an anti-dumping duty on imports from Taiwan
which range from 5.9% to 13%. As far as measures on imports from Korea are
concerned, the proceeding shall be terminated and the anti-dumping measures
will allow to lapse.

2

Proposal for a

COUNCIL REGULATION (EC)

imposing a definitive anti-dumping duty on imports of synthetic fibres of
polyesters originating in Taiwan and terminating the proceeding in respect of
imports of synthetic fibres of polyesters originating in the Republic of Korea

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
Community1 as last amended by Regulation (EC) No 905/982 and in particular Article
9 and Article 11 thereof,

Having regard to the proposal submitted by the Commission after consulting the
Advisory Committee,

Whereas:

A. PROCEDURE

1. Previous investigations

(a) Taiwan

(1)

In December 1988 the Council, by Regulation (EEC) No 3946/883, imposed
definitive anti-dumping duties on imports of synthetic fibres of polyester
(hereinafter referred to as ‘PSF’) originating, inter alia, in Taiwan.

following a request

Subsequently in September 1990,
lodged by the
‘Association of Importers of Synthetic Polyester Fibres’ as well as a request
from exporters in some of the countries concerned, the Commission initiated a
review of Regulation (EEC) No 3946/88, in accordance with Article 14 of
Regulation (EEC) No 2423/884. As a result of this review, in October 1992 the
Council, by Regulation (EEC) No 3017/925 modified the anti-dumping duties
in force with respect, inter alia, to Taiwan.

1

2

3

4

5

OJ L 56, 6. 3. 1996, p. 1.
OJ L 128, 30. 4. 1998, p. 18.
OJ L 348, 17.12.1988, p. 49.
OJ L 209, 02.08.1988, p. 1.
OJ L 306, 22.10.1992, p. 1.

3

(b) Republic of Korea

(2)

(3)

In January 1993 the Council, by Regulation (EEC) No 54/936 imposed
definitive anti-dumping duties on imports of PSF originating, inter alia, in the
Republic of Korea (hereinafter referred to as ‘Korea’)

(c) Measures in force against other countries

The Council, by Regulation (EEC) No 3017/92, modified the anti-dumping
measures against, inter alia, Romania, Turkey, the Republics of Serbia and
Montenegro and the former Yugoslav Republic of Macedonia and repealed the
measures on imports from Mexico and the United States of America. The anti-
dumping measures for the remaining above-mentioned countries lapsed on 23
October 1997. Finally, the Council, by Regulation (EC) No 1490/967, imposed
definitive antidumping measures on imports of PSF originating in Belarus. In
conclusion, the anti-dumping measures presently in force concern imports
originating in Taiwan, Korea and Belarus.

2. Request for review

(4)

(5)

Following the publication of two notices of impending expiry of the anti-
dumping measures in force on imports of PSF originating,
in
Taiwan8 and, inter alia, in Korea9, the Commission received, in July and
August 1997 respectively, requests to review the measures concerning these
two countries pursuant to Article 11 (2) of Council Regulation (EC) No 384/96
(hereinafter referred to as the ‘Basic Regulation’) in respect of the two above-
mentioned countries.

inter alia,

The requests were lodged by the ‘International Rayon and Synthetic Fibres
Committee’
(IRSFC) acting on behalf of Community producers whose
collective output constitutes a major proportion of the total Community
production of the product concerned.

The requests were based on the grounds that the expiry of the measures would
be likely to result in the continuation or recurrence of dumping and injury to
the Community industry. Having determined, after consulting the Advisory
Committee, that sufficient evidence existed for the initiation of a review, the
Commission initiated an investigation10 pursuant to Article 11 (2) of the Basic
Regulation. Although the requests for expiry reviews were lodged in the
framework of two distinct proceedings they concern imports of the same
product. Therefore both reviews have been joined for reasons of good
administration into one investigation.

6

7

8

9

10

OJ L 9, 15.01.1993, p. 2.
OJ L 189, 30.07.1996, p. 13.
OJ C 125, 22.4.1997, p. 4.
OJ C 213, 15.7.1997, p. 4.
OJ C 321, 22.10.1997, p. 12.

4

3. Investigation

(6)

The Commission officially advised the Community producers supporting the
review request, the exporting producers, importers and users known to be
concerned as well as the representatives of the exporting countries, and gave
the parties directly concerned the opportunity to make their views known in
writing and to request a hearing.

(7) The Commission sent questionnaires to the parties known to be concerned and
received replies from eight Community producers, from four Taiwanese and
five Korean exporting producers. The Commission also sent questionnaires to a
large number of economic operators understood to be or to represent purchasers,
users and importers of PSF in the Community. Only two user associations
replied.

(8) The Commission sought and verified all information it deemed necessary for the
injury and Community interest.

purposes of a determination of dumping,
Verifications were carried out at the premises of the following companies:

(a) Exporting producers:

- Taiwan

• Nan Ya Plastics Corporation, Taipei

• Shingkong Synthetic Fibres Corporation, Taipei

• Tuntex Distinct Corporation, Taipei

• Far Eastern Textile Corporation, Taipei

- Korea

• Saehan Industries Inc. (formerly Cheil Synthetics Textiles Inc.), Seoul

• Daehan Synthetic Fiber Corporation, Ltd., Seoul

• Kohap Ltd., Seoul

• Samyang Corporation, Seoul

• Sunkyong Industries Ltd., Seoul

(b) Community producers:

• Hoechst AG, Frankfurt/Main, Germany,

• Tergal, Gauchy, France,

• Montefibre Spa, Milano, Italy,

• Catalana de Polimers, Barcelona, Spain.

5

(9)

(10)

The investigation of dumping covered the period from 1 October 1996 to 30
September 1997 (hereinafter referred to as the “investigation period” or “IP”).
The examination of the situation of the Community industry covered the
period from 1994 up to the end of the investigation period.

The present review exceeded the period of one year within which it should
normally have been concluded pursuant
to Article 11 (5) of the Basic
Regulation, due to the complexity of the investigation, and in particular due to
the difficulties in obtaining and assessing data concerning the currency
devaluation in the Far East and its impact on the likelihood of continuation or
recurrence of injurious dumping.

(11) All parties concerned were informed of the essential facts and considerations
on the basis of which it was intended to recommend the maintenance of the
existing measures in respect of imports originating in Taiwan and to terminate
the proceeding in respect of imports originating in Korea. They were also
granted a period within which to make representations subsequent to these
disclosures. The comments of
the parties were considered and, where
appropriate, the findings have been modified accordingly.

B. PRODUCT CONCERNED AND LIKE PRODUCT

1. Description of the product concerned

(12)

The product concerned by this investigation is the same as in the previous
investigations, i.e. synthetic staple fibres of polyester, not carded, combed or
is commonly referred to as polyester
otherwise processed for spinning; it
synthetic fibres (PSF) and currently classifiable within CN code 5503 20 00.

This product is a basic material used at various stages of the manufacturing
process of textile goods, depending on the nature of textiles concerned.
Around 60 % of the Community consumption of PSF is used for spinning, that
is to say manufacturing filaments for the production of textiles, after mixing or
not with other fibres such as cotton or wool. Approximately 25 % is used for
filling, that is to say the stuffing or padding of certain textile goods (for
example cushions, car seats, jackets) while the remaining 15 % is used as such
for other non-woven applications, in particular the production of carpets. The
product in question is sold with different quality specifications: the A-grade
corresponds to the regular quality, while the substandard grades are
denominated as B and C-grades. The investigation showed that only the A-
grade quality was exported to the Community. The PSF producers classify the
product in different types according to their own criteria, which are mainly
based on its application, thickness and length of the fibre.

(13)

Taiwanese exporting producers requested that non-woven and special fibres,
i.e. PSF having special features, such as conjugate hollow fibres, low-melt
fibres and black fibres should be considered as a product different from the
above defined product and excluded from the scope of
the present
investigation.

6

However, the investigation showed that, although there are several types of
PSF having various features in order to meet specific needs, they have the
same basic physical characteristics. In addition, the market of this product is in
fact formed by overlapping series of PSF types with no clearly defined
boundaries between them.

Accordingly, it was found that any one specific feature did not render the
allegedly special PSF different and that, therefore, they all should be covered
by the scope of the present proceeding.

All types of PSF were therefore considered as one single product for the
purpose of this investigation.

2. Like product

(14)

(15)

The investigation showed that the various types of PSF manufactured and sold
on the Taiwanese and Korean market, despite minor differences in length,
thickness or quality, were alike to the PSF types exported from these countries
to the Community, in the meaning of Article 1(4) of the Basic Regulation.

Taiwanese exporting producers alleged that their exports consisted mainly of
non-woven or specialty fiber which are not widely produced by the
Community industry and clearly differ in all aspects from the PSF produced by
the Community industry, which allegedly consists mostly of regular spinning
and hollow fibres. The investigation has shown that specialty fibres represent
only a minor part of Taiwanese exports to the Community, while the vast
majority of these exports consist of spinning and hollow fiber. Moreover, there
is also significant Community production of specialty and non-woven fibres.
In any event, as stated in recital 13 it has been established in this investigation
that non-woven and specialty fibres form a single product together with the
rest of the PSF types.

Consequently,
the PSF types exported from Taiwan and Korea to the
Community were alike to the PSF types produced by the Community
producers and sold within the Community market in the meaning of Article
1(4) of the Basic Regulation.

C. DUMPING AND LIKELIHOOD OF RECURRENCE OF DUMPING

1. Preliminary remarks

(16)

In accordance with Article 11(2) of the Basic Regulation, the purpose of the
present review was to determine whether or not the expiry of the measures
would lead to a continuation or recurrence of dumping,
in particular by
examining whether dumping continued to take place after the adoption of anti-
dumping measures.

(a) Taiwan

(17) Out of

the five Taiwanese exporting producers who replied to the
questionnaire, one declared no exports to the Community for the investigation
period and stated its availability to co-operate in the investigation. Moreover

7

two exporting producers, Tuntex Distinct Corporation and Shingkong
Synthetic Fibres Corporation, had exports to the Community for less than 100
tonnes each during the investigation period. Given the low volume of the
exports made by these two Taiwanese companies and hence the lack of
it has not been
representativeness of their corresponding export prices,
considered appropriate to calculate, on this basis, the dumping margin for these
two companies.

(b) Korea

(18) All five Korean exporting producers who replied to the questionnaire had
made significant exports of PSF to the Community in the investigation period.

2. Normal value

(a) Taiwan

(19)

For the reasons given in recital 17, normal values have been established only
for two Taiwanese exporting producers, which accounted for virtually the
totality of the Taiwanese exports of PSF to the Community during the
investigation period. In both cases, normal value has been determined for each
type of PSF produced by the companies in question and exported to the
Community.

In the case of one exporting producer normal value per product type was
entirely based on the prices paid in the ordinary course of trade by independent
customers in the domestic market with regard to sales made in representative
quantities, in accordance with Article 2 (1) and 2 (2) of the Basic Regulation.

for selling, general and administrative cost and for profit,

For the other exporting producer it was found that there were no or insufficient
domestic sales of the like product in respect of some types of PSF exported to
the Community. In these cases, and since prices of the other cooperating
exporting producer could not be used, normal value was constructed on the
basis of the costs of manufacturing of these types of PSF plus a reasonable
amount
in
accordance to Article 2 (3) of the Basic Regulation. In order to determine the
reasonable amount for selling, general and administrative cost and for profit
the actual data pertaining to production and sales, in the ordinary course of
trade, of the like product by this exporting producer have been used,
in
accordance with Article 2 (6) of the Basic Regulation. Normal value for the
remaining exported product types was based on the prices paid in the ordinary
in
course of trade by independent customers in the domestic market,
accordance with Article 2 (1) and 2 (2) of the Basic Regulation, since
domestic sales both overall and for the types in question were made in
representative quantities.

8

(b) Korea

(20) Normal value was based on the prices paid in the ordinary course of trade by
independent customers in the domestic market with regard to sales made in
representative quantities, in accordance with Article 2 (1) and 2 (2) of the
Basic Regulation. For product types which were not sold in representative
quantities or not in the ordinary course of trade on the domestic market, the
normal value has been constructed in accordance with Article 2 (3) of the
Basic Regulation since prices of other cooperating exporting producer could
not be used. In this respect, selling, general and administrative costs and profits
have been established in accordance to Article 2 (6) of the Basic Regulation in
the same way as for Taiwan.

3. Export price

(21)

For exporting producers from both countries export prices were established on
the basis of the prices actually paid by independent buyers in the Community
in accordance with Article 2 (8) of the Basic Regulation.

4. Comparison

(22)

For the purpose of ensuring a fair comparison between normal value and
export price, account was taken of differences in factors which were claimed
and demonstrated to affect comparability in accordance with Article 2 (10) of
the Basic Regulation. In this respect, adjustments were made for inland and
ocean freight, insurance, handling, loading and ancillary costs, credit costs,
commissions and import charges.

Two Taiwanese exporting producers submitted and demonstrated that a
quantity discount was granted to the domestic customers buying more than a
certain volume of PSF per year. These exporting producers alleged that all
Community customers benefited from the same discount, though not indicated
in the invoice, by reason of their purchase quantities in excess to the quantity
above which a discount was granted. Therefore, to ensure a fair comparison,
an adjustment corresponding to the discount granted to the large domestic
customers has been claimed for the small domestic customers.

for

the

purchase

reductions

actually
it was

is noted that an adjustment for quantities pursuant

to
In this respect, it
Article 2(10)(c) of the Basic Regulation can only be granted in respect of any
given
price
different
quantities.Moreover,
found that not all Community customers
purchased a quantity of the product in question in excess to that which would
have entitled to the quantity discount during the investigation period. On the
contrary, the share of export sales to small customers in the Community was
very close to that of domestic sales to small customers, which indicates that
both the domestic and the export market, have a similar pattern in terms of
customers. Consequently, only the allowance for the quantity discount which
was actually granted by the exporting producers to their large domestic
customers is justified in view of a fair comparison.

of

9

5. Dumping margin

(23)

The weighted average normal value per type of PSF was compared to the
weighted average export price of the corresponding type, in accordance with
Article 2 (11) of the Basic Regulation, on an ex-work basis and at the same
level of trade.

The comparison showed the existence of dumping for the two Taiwanese and
for four of the Korean exporting producers investigated, the dumping margin
being equal to the amount by which normal value, so established, exceeded the
price for export to the Community.

(24)

for

is significant

import price,

the CIF
The weighted average dumping margin, as a percentage of
Community-frontier
the two Taiwanese
exporting producers, Far Eastern Textile Corporation and Nan Ya Plastics
Corporation, covering virtually the total of the Taiwanese exports to the
Community. Given the pricing policy followed by the two exporting producers
in question it can be concluded that dumping would continue or even increase
if the measures would be removed. No dumping margin has been calculated
for the other three co-operating Taiwanese exporting producers for the reasons
given in recital 17. However, the Commission examined the likelihood of
dumping to recur in case the measures were removed. On the basis of the
information received from two of the Taiwanese companies representing the
great majority of the total sales volume, it has been found that their exports to
countries other than the Community are made at dumped prices. As these
exports represent the major part of these companies' sales, it can be concluded
that given their pricing policy for exports, dumped exports to the Community
market are likely to resume should the measures lapse.

(25)

Taiwanese exporting producers submitted that any margin of dumping is offset
by the devaluation of the Taiwanese currency (NT$) against the US$ which
occured after the investigation period. It was further alleged that the level of
the NT$ against the US$ in the first quarter 1998 is expected to remain stable
for the coming years and that the decrease of the price in US$ of PTA, the
main raw material for the production of PSF which the companies concerned
buy in US$, has more than compensated for the depreciation of the Taiwanese
currency against the US$.

The issue was examined. Indeed the depreciation of the NT$ against the US$,
i.e. the currency in which the export prices to the Community are generally
denominated, amounted to almost 17 % during the first quarter of 1998 in
respect of the average found during the investigation period. However, a
recovery of the NT$ was observed in the rest of 1998 so that the depreciation
recorded at the beginning of 1999 was limited to 14%. Moreover, in the year
2000 a further reduction of the depreciation to less than 10% (as compared to
the level prevailing in the investigation period) is expected according to
financial forecasts submitted by the exporting producers. According to the
same forecasts this recovery trend of the NT$ is poised to continue in the
following years. Hence, given the fluctuating nature of the depreciation of the
NT$, the argument put forward by the Taiwanese exporting producers cannot
be accepted. In any event, it has to be noted that by the very nature of

10

exchange rate changes these can not be foreseen with any reliability and
changes that have occurred in the past are not necessarily a guide to the future.

(26) With regard to Korea, the following should be noted: the measures under
review are based on dumping margins determined in the previous investigation
and these margins, with the exception of the residual dumping margin, would
be considered as de minimis under the current Basic Regulation. The level of
the original margins was low and that situation has not changed. Indeed, in this
investigation, the weighted average dumping margin established, expressed as
a percentage of the CIF Community frontier import price, was 1.8%. Finally,
no indication was found that the removal of the existing measures would lead
to a change of this situation in the foreseeable future. It was therefore
concluded that there was no likelihood of recurrence of dumping.

D. COMMUNITY INDUSTRY

(27)

Two of the nine Community producers supporting the review request did not
co-operate during the the investigation. The investigation showed that the
share of the total Community production held by the seven co-operating
Community producers supporting the review request, during the investigation
period amounted to more than 65 % of total Community production of the
these producers constitute the Community
product concerned. Therefore,
the Basic Regulation.
industry within the meaning of Article 4(1) of
Hereinafter, these co-operating Community producers are referred to as the
'Community industry`.

E. ANALYSIS OF THE SITUATION IN THE COMMUNITY MARKET

1. Consumption in the Community

(28) Community consumption was based on the combined volume of sales into the
Community market of the Community industry, sales of the remaining non-co-
operating Community producers and Eurostat information on volume of total
imports. The volume of sales of the Community producers not co-operating in
the proceeding was determined, on the basis of available information, at
around 30% of the total sales of all Community producers.

On the above basis, Community consumption of PSF followed overall a slight
decreasing tendency over the period considered: it went from 540 000 tonnes
in 1994 to 490 000 tonnes in 1995 and, after a temporary fall back to 460 000
tonnes in 1996, to 520 000 tonnes during the investigation period, which
represents an overall decrease of 3 % over the period considered.

2. Imports in the Community from Taiwan and Korea

(a) Imports from Korea

(29)

It was concluded that the situation on the Community PSF market with respect
to imports originating in Korea should not be analysed, due to the conclusion
reached on dumping and likelihood of recurrence of dumping with regard to
these imports.

11

(b) Volume, value and market share of imports from Taiwan

(30) The volume of imports from Taiwan increased from around 8 000 tonnes in
1994 to around 27 000 tonnes during the investigation period, representing an
increase of around 240 %. The value of imports from Taiwan increased from
ECU 9.9 million in 1994 to ECU 29.3 million during the investigation period,
representing an increase of 196 %.

In terms of market share, based on total Community consumption, the market
penetration of the dumped imports from Taiwan rose from 1.5 % to 5.3 %
during the investigation period in volume terms – an increase of 253 %.

(c) Prices of imports from Taiwan

(31)

Prices of the imports from Taiwan decreased from 1994 to the investigation
period by 14 %. It should be noted that these prices were found to be lower
than those of the Community industry over the whole period considered.

(d) Price undercutting of imports from Taiwan

(32)

For the determination of price undercutting, data referring to the investigation
period were analysed. Price undercutting was established on the basis of a
comparison of the export price with prices charged by the Community industry
at
the same level of trade. The sales prices of the Community industry
considered were those to independent customers, adjusted where necessary to
an ex-works level, i.e. excluding transport costs. Adjustments were made to the
exporting producers' selling prices (CIF Community frontier) to take account
of customs and anti-dumping duty paid. All prices were compared after
excluding discounts and rebates.

(33) The results of the comparison (on a weighted-average to weighted-average
basis) showed for imports from Taiwan a weighted average price undercutting
margin, expressed as a percentage of the Community industry's average selling
prices, of 16.7 %.

This is to be compared with the undercutting found in the previous
investigation which ranged from 22% to 30% for Taiwan.

The exporting producers’ undercutting level, on an average basis, remained
important, despite a certain upward effect on import prices of the anti-
dumping measures in force.

3. Economic situation of the Community industry

(a) Preliminary remarks

(34) The examination of the situation of the Community industry covers the period
from 1994 to the end of the investigation period. It should be noted that during
this period anti-dumping measures as mentioned in recitals 1 and seq. were in
force with a resulting effect on the Community industry.

12

(b) Production, capacity and capacity utilisation

(35)

Production of the Community industry decreased during the period considered,
going from around 374 000 tonnes in 1994 to around 343 000 tonnes in the
investigation period. This decrease reflected the closure of production facilities
of a number of companies of the Community industry. This represents an
overall decrease of 8%. Production levels decreased at a higher rate than
Community consumption, which decreased by 3 % during the period
considered.

(36) As regards capacity, it should be noted that the production facilities for PSF
are also used in the production of other products not concerned by the present
proceedings, e.g. tow and tops. As a consequence, the capacity normally
attributed to the production of the product concerned by the Community
industry was estimated. It was found that capacity decreased from 432 300
tonnes in 1994 to 401 500 tonnes during the investigation period, which
represents a decrease of 7 %. This is broadly in line with the reduction of
production as outlined in the preceding recital. The rate of capacity utilisation
decreased slightly during the period considered going from 86.6 % in 1994 to
85.7 % in the investigation period.

(c) Sales volume of the Community industry

(37) The volume of sales of the Community industry on the Community market
decreased during the period considered, with the sales levels at 330 000 tonnes
in 1994 and 295 000 tonnes in the investigation period. This represents an
overall decrease of 11 %. This trend shows that the sales of the Community
industry did not follow the trend in consumption, which decreased by 3 %
during the period considered.

(d) Market share

(38) The development of

sales volume compared to that of Community
consumption shows that the market share held by the Community industry
decreased during the period considered. The market share of the Community
industry decreased from 61 % in 1994 to 60 % in 1995, 59 % in 1996 and 56
% in the investigation period. The overall
loss of market share was 5
percentage points between 1994 and the investigation period.

(e) Stocks

(39)

Stocks significantly increased by 33 % between 1994 and the investigation
period.

(f) Average sales price and price evolution

(40) The weighted average prices of the product concerned sold by the Community
industry on the Community market fluctuated over the period considered, and
overall they increased by 3 %.

13

acid

(PTA),

dimethylterephthalate

It should be noted that prices of PSF have been influenced for all operators on
the market by the evolution of prices of the basic raw materials like pure
terephthalic
glycol,
representing about 60 to 70 % of the cost of production of the finished
product. Indeed, essentially, due to a worldwide shortage of these raw
materials, starting at the end of 1993 and continuing into 1994 and 1995 prices
increased, reflected in a corresponding increase in the cost of production.
Nevertheless, the trend experienced for the prices of these raw materials
reversed from 1995 onwards.

(DMT)

and

(g) Profitability

(41)

In 1994, the Community industry incurred a weighted average loss of 3.5 %,
expressed as a percentage of net sales. Subsequently, the financial situation
improved, especially during 1995 (profit of 7.5 %). This resulted partially from
the fact that all operators on the Community market were able to raise their
prices after an increase in the raw material costs (see recital 40), and the
Community industry could improve its financial situation due to a reduction in
overhead costs. It should be noted however, that the Community industry
showed a downward trend of its financial results, from 1995 onwards, going
from a profit of 7.5% to a profit of 5.6% in the investigation period.

(h) Investment

(42) Yearly investments made by the Community industry were important during
the period under investigation, going from ECU 58 million in 1994, to ECU 44
million in 1995, with a peak in 1996 of ECU 81 million. During the
investigation period investment amounted to ECU 14 million. It should be
noted that this significant effort represents, for the most part, investments in
replacement machinery as part of an overall-restructuring program.

(i) Employment

(43) Due to a certain degree of reduction in production capacity and restructuring,
employment went down from around 2 300 in 1994 to around 2 000 during the
investigation period, i.e. by 9.2%.

4. Conclusion on the situation of the Community industry

(44) The above analysis has revealed that

the economic indicators such as
production, capacity utilisation, sales and stocks continued to show negative
trends. Although this has to be seen in the context of slightly contracting
consumption, it has to be borne in mind that the Community industry lost
market share during this period. Furthermore, the investigation has shown that
the Community industry has suffered significant price pressure and substantial
price undercutting has been established for imports originating in Taiwan.

(45) As far as the financial situation of the Community industry is concerned, it
should be noted that profits were made in 1995 after the increase of the prices
of the raw material and the initiation of an anti-dumping investigation against
the Community industry showed a
imports from Belarus. Nevertheless,

14

downward trend of its financial results from 1995 onwards, coinciding with the
increased presence of imports from Taiwan filling the vacuum left by imports
from Belarus.

(46)

In the light of the foregoing analysis, it was concluded that the Community
industry has continued to be in a weak economic situation.

F. LIKELIHOOD OF RECURRENCE OF INJURY

(47)

Further to the analysis of the existence of dumping as well as the likelihood of
recurrence of dumping with respect to imports originating in Taiwan and the
analysis of the situation of the Community industry, it was examined whether
there was a likelihood of recurrence of injury, should the measures applicable
to the imports from Taiwan be removed.

1. Analysis of the situation of the exporting country producers concerned

(48)

(49)

It has been found that from 1995 to the investigation period total production
capacity in Taiwan has increased by 21.3 % i.e. 135 000 tonnes. Taiwanese
exporting producers foresee to further increase their production capacity and
capacity utilization to a level above 90% in 1998, leading to a further increase
of production of 30 000 tonnes.

It was also found that the volume of imports originating in Taiwan increased
substantially between 1994 and the investigation period (+242 %), despite the
anti-dumping measures in force. It should be noted that, between 1995 and
1996, the volume of these imports into the Community almost doubled and
between 1994 and the
investigation period more than tripled. The
corresponding market share increased significantly between 1994 and the
investigation period from 1.5 % to 5.3 %. Furthermore, it has been established
that during the investigation period these imports were made at prices
significantly undercutting (16.7 %) those of the Community industry.

2. Impact of imports from Taiwan in the absence of anti-dumping measures.

(50) Concerning the recurrence of injurious dumping, it was considered that the
prices obtained in the absence of anti-dumping measures would lead to a price
undercutting of 24.5 %. The methodology used in order to calculate this figure
was the same as that described in recital 32 except that no anti-dumping duty
was added to the import price.

(51)

In the light of the above it is expected that imports from Taiwan into the
Community will further increase and their prices fall should the anti-dumping
measures in force be removed. It was established that even with measures in
force the volume of Taiwanese imports increased. Furthermore, it cannot be
excluded that, in the absence of measures, the relatively higher price in the
Community market would constitute an incentive to redirect exports from
Taiwan which at present are shipped to other third countries,
into the
Community market.

15

(52) As far as the profitability level of the Community industry is concerned, two
basic hypotheses can be foreseen in the event that anti-dumping measures
lapse against imports originating in Taiwan. First, the Community industry
would continue to sell at the same prices, resulting in a decrease of its market
share with direct consequences, in the long run, on its profitability. Second, the
Community industry will drop its prices for some of its sales, where the
competition of Taiwan will be most intense, resulting in a decrease of its
profitability. It has been estimated that in the first scenario the Community
industry would further loose 2.5% market share, accompanied by a drop in
profitability of 9.5% in the short term. If the Community industry followed the
downward trend on prices, profitability would drop from 5.6% to 2.7%.
Consequently, in each scenario the profitability of the Community industry
would suffer from dumped imports originating in Taiwan causing injury.

3. Conclusion on recurrence of injurious dumping

(53) During the period under investigation prices of dumped imports from Taiwan
decreased by 14%, in a period of time when Community’s industry prices
increased by 3%. This had the effect that the market share of imports from
Taiwan increased from 1.5 % in 1994 to 5.3 % in the investigation period, i.e.
by 253 %. Furthermore, when imports from Taiwan started to fill the vacuum
left by Belarus, the financial situation of the Community industry took a
downward turn.

(54) The significant production capacities, some of them only recently installed, in
Taiwan, the attractiveness of the prices prevailing on the Community market
and the consequent risk of an export drive clearly suggest that the existing anti-
dumping measures in respect of Taiwan should be maintained to avoid a
recurrence of injurious dumping.

G. COMMUNITY INTEREST

1. Introduction

(55)

in the previous investigations,

It should be recalled that
the adoption of
measures was considered not to be against the interest of the Community.
Furthermore, it should be noted that the present investigation is a review, thus
analysing a situation in which anti-dumping measures have already been in
place. Consequently, the timing and nature of the present investigation allows
an assessment of any negative undue impact on the parties concerned by the
anti-dumping measures imposed.

On this basis it was examined, whether, despite the conclusions on a
likelihood of a continuation and recurrence of injurious dumping, it could be
clearly be concluded that it is not in the Community interest to maintain
measures in this particular case. For this purpose, and pursuant to Article 21
(1) of the Basic Regulation, the impact of measures for all parties involved in
the proceeding and also the consequences of not maintaining measures against
Taiwan was considered.

16

2. Interest of the Community industry

(56) The Community industry has for almost a decade been suffering from low
priced/dumped imports of PSF. The objective of the anti-dumping measures
to re-establish fair competition in the Community market
under review,
between the Community producers and their exporting counterparts in third
countries, has not been fully met as it has been shown above.

The Community industry has been making considerable efforts to improve its
productivity in recent years, in an attempt to lower its cost of production and
to enhance its competitiveness in this price sensitive market. The Community
industry deployed particular efforts of rationalisation during the investigated
period. One Community producer shut down two production facilities in an
effort to reduce costs and to improve its productivity.

In view of the situation of the Community industry, in particular the fact that it
was prevented from fully recovering from the economic difficulties resulting
from dumped imports, it is considered that, in the absence of measures, the
further deterioration of the situation of the Community industry is quite
probable. This could entail a severe reduction in employment and may
ultimately lead to a reduction of the number of producers in the Community.

the ongoing restructuring efforts made by the Community
Furthermore,
industry show that it is not ready to abandon this segment of production. The
maintaining of anti-dumping measures would therefore be in the interest of the
Community industry.

3. Impact on users

(57) No Community user answered to the questionnaire sent by the Commission
during the current investigation. No evidence was provided on the incidence of
the measures in force, in their cost of production. Consequently, no analysis
could be carried out concerning the impact of the measures in force on the cost
of production of users.

(58)

Two Community user associations submitted information and requested the
termination of the measures. In this submissions it was argued that
the
Community industry was not able to meet the demand. Moreover, certain users
of one type of PSF, i.e. fiberfill, informed the Commission that the major
Community producer of this type was not in a position to meet their needs.
Nevertheless, it seems that no particular shortage occurred on the Community
market during the period examined. The aim of anti-dumping measures is not
to foreclose the Community market from imports, but rather to level the unfair
trade practices and to prevent the distorting effects of dumped and injurious
imports. In this specific case, it seems that the measures did not prevent
imports to enter the Community market. As it was already mentioned imports
from Taiwan increased significantly during the period under investigation.

17

that the Community
Furthermore, it was found that, in view of the fact
industry has a significant production capacity, and given the presence of other
suppliers located outside of the Community, the risk of a general supply
shortage is very low, if not non-existant.

(59)

Furthermore, some interested parties argued that the international competitive
position of products incorporating PSF, produced in the Community,
is
jeopardised by the continuation or re-imposition of the anti-dumping measures.
This argument cannot be accepted because PSF used for the production in the
Community of products for export can enter the Community without any duty
under the inward processing arrangements. Moreover, these interested parties
had the opportunity, due to the fact that the anti-dumping measures under
review are in force for at
least five years, to submit evidence about the
incidence of the measures on their cost of production and their international
competitiveness, but no information in this respect was received.

On the basis of the above, and since the measures have been in place for a
certain period, and would be maintained at the same level, it can be concluded
that this would not imply a deterioration, if at all, of the situation of the users.

4. Consequence for competition in the Community market

(60)

It has been claimed that the level of competition on the Community PSF
market would be affected by the continuation of the anti-dumping duty since it
would create a stronger position for the Community industry.

As far as the competitive environment in the Community market is concerned,
the measures in force are not such as to foreclose the Community market to
the exporting producers under review. Therefore, they will allow the continued
presence of these exporting producers in the market. It should be recalled that
the user industries and other economic operators have always enjoyed the
presence of a wide range of competitors in the market.

Thus, the benefit of a market driven by a number of suppliers would still be
available for users of the product concerned.

5. Conclusion

(61) On the basis of the above facts and considerations in particular, and having
examined the arguments submitted by the Community industry and users
associations of the product concerned, it was concluded, that there were no
compelling reasons not to maintain the measures in force concerning imports
from Taiwan.

H. TERMINATION OF THE PROCEEDING IN RESPECT OF KOREA

(62)

(63)

In view of the findings set out above in recital 26, the anti-dumping measures
currently in force against Korea are no longer warranted.

In the light of the above, the Commission has concluded that the continuation
of protective measures currently in force against Korea is unnecessary and that
the proceeding should be terminated

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I. ANTI-DUMPING MEASURES IN RESPECT OF IMPORTS ORIGINATING IN
TAIWAN

(64)

It follows from the above that, as provided for by Article 11(2) of the Basic
Regulation, the anti-dumping duties on imports of PSF originating in Taiwan
imposed by Regulations (EEC) No 3017/92 should be maintained.

HAS ADOPTED THIS REGULATION:

Article 1

1. A definitive anti-dumping duty is hereby imposed on imports of synthetic fibres of
polyesters, not carded, combed or otherwise processed for spinning currently
classifiable within CN code 550320 00 and originating in Taiwan.

2. The duty, calculated on the basis of the net free-at-Community-frontier price of the
product, before duty, shall be:

-

13 % for synthetic fibres of polyesters originating in Taiwan (additional taric code
8195), with the exception for synthetic fibres of polyesters produced by the
companies listed below, to which the following rates shall apply:

- Far Eastern Textile Ltd, Taipei

(additional taric code 8192)

- Nan Ya Plastics Corporation, Taipei

(additional taric code 8193)

6.8%

5,9%

- Shingkong Synthetic Fibres Co., Taipei

13.0%

(additional taric code 8194)

Article 2

The anti-dumping proceeding concerning imports of synthetic fibres of polyesters
originating in the Republic of Korea is hereby terminated.

Article 3

Unless otherwise specified, the provisions in force concerning customs duties shall
apply.

Article 4

This Regulation shall enter into force on the day following its publication in the
Official Journal of the European Communities.

19

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

Done at Brussels,

For the Council
The President

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