Commission Regulation (EC) No 621/2000 of 23 March 2000 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 one exporter in this country and making these imports subject to registration
Date: 2000-03-23
Institutions: European Commission
Subjects: India, anti-dumping duty, anti-dumping legislation, originating product, packaging product, plastics

24.3.2000

EN

Official Journal of the European Communities

L 75/45

COMMISSION REGULATION (EC) No 621/2000

of 23 March 2000

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 origin-
ating, inter alia, in India, repealing the duty with regard to imports from one exporter in this
country and making these imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

D. Grounds for the review

Having regard to the Treaty establishing the European
Community,

(4)

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 (1) (herein-
after referred to as ‘the Basic Regulation’), as last amended by
Regulation (EC) No 905/98 (2), and in particular Article 11(4)
thereof,

After consulting the Advisory Committee,

Whereas:

The applicant alleges that it did not export the product
concerned to the Community during the period of
investigation on which the anti-dumping measures were
based, i.e. the period from 1 April 1994 to 31 March
1995 (hereinafter referred to as ‘the original
invest-
igation period’).

The applicant further alleges that it has begun exporting
the product concerned to the Community after the end
of the investigation period, and that it is not related to
any of
the product
exporting producers of
concerned which are subject
to the abovementioned
anti-dumping measures.

the

A. Request for a review

E. Procedure

(1)

(2)

(3)

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the Basic
Regulation. The application was lodged by Subham
Polymers Ltd (hereinafter referred to as ‘the applicant’),
an exporting producer in India.

(5)

(6)

B. Product

The product concerned is the same as that described
in Article 1 of Council Regulation (EC) No 1950/97 (3)
(hereinafter referred to as ‘the Regulation’), as amended
by Regulation (EC) No 96/1999 (4), woven sacks and
bags of a kind used for packaging of goods, not knitted
from a polyethylene or
or
crocheted, obtained
polypropylene strip or
the like of woven fabrics
weighing 120 g/m2 or less. The product is currently
classifiable 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 only.

C. Existing measures

The measures currently in force are a definitive anti-
dumping duty imposed by the Regulation, under which
imports into the Community of the product concerned
originating in India and produced by this company are
subject to a definitive antidumping duty of 36,0 %, with
the exception of imports from several companies specifi-
cally mentioned, which are subject to a lesser duty. The
Regulation was subsequently amended by Regulation
(EC) No 96/1999.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ L 276, 9.10.1997, p. 1.
(4) OJ L 11, 16.1.1999, p. 1.

Community producers known to be concerned have
been informed of the above application and have been
given an opportunity to comment. No comments have
been received.

Having examined the evidence available, the Commis-
sion 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 appli-
should
individual margin of dumping and,
cant's
dumping be found,
the level of duty to which its
imports of the product concerned into the Community
should be subject.

(a) Questionnaires
In order to obtain the information it deems necessary
for its investigation, the Commission will send a ques-
tionnaire to the applicant.

(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. Furthermore, the Commission may hear inter-
in
ested parties, provided that
writing and show that there are particular reasons why
they should be heard.

they make a request

F. Repeal of the duty in force and registration of

imports

(7)

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 applicant. At the same time, such
to registration in
imports should be made subject
in
accordance with Article 14(5) of that Regulation,

L 75/46

EN

Official Journal of the European Communities

24.3.2000

order to ensure that, should the review result in a deter-
mination of dumping in respect of the applicant, anti-
dumping duties can be levied retroactively from the date
of
the
applicant's possible future liabilities cannot be estimated
at this stage of the proceeding.

this review. The amount of

the initiation of

G. Time limits

(8)

In the interest of sound administration,
should be stated within which:

time limits

— interested parties may make themselves known to
the Commission, present their views in writing, and
submit information to be taken into account during
the investigation,

— interested parties may make a written request to be

heard by the Commission.

H. Non-cooperation

(9)

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

(10) 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,

HAS ADOPTED THIS REGULATION:

Article 1

A review of Regulation (EC) No 1950/97 is hereby initiated
to Article 11(4) of Regulation (EC) No 384/96,
pursuant
in order to determine if, and to what extent,
imports of
sacks and bags made of polyethylene or polypropylene falling
within CN codes 6305 32 81, 6305 33 91, ex 3923 21 00
(3923 21 00 10),
and
ex 3923 29 90 (3923 29 90 10), originating in India, pro-
duced and sold for export to the Community by Subham
Polymers Ltd (TARIC additional code: A108), India, should be
subject to the anti-dumping duty imposed by Regulation (EC)
No 1950/97.

(3923 29 10 10)

ex 3923 29 10

Article 2

The anti-dumping duty imposed by Regulation (EC) No 1950/
97 is hereby repealed with regard to imports of the product
identified in Article 1.

Article 3

The customs authorities are hereby directed, pursuant
to
Article 14(5) of Regulation (EC) No 384/96, to take the appro-
priate steps to register the imports identified in Article 1 of this
Regulation. 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 themselves known
to the Commission, present their views in writing and submit
information within 40 days from the date of entry into force of
this Regulation, unless otherwise specified. Interested parties
may also apply in writing to be heard by the Commission
within the same time limit. This time limit applies to all
interested parties, including parties not named in the applica-
tion, and it is consequently in the interest of these parties to
contact the Commission without delay.

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
specified), and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of the interested party.

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

European Commission
Trade Directorate-General
DM-24 8/38
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

Article 5

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, 23 March 2000.

For the Commission

Pascal LAMY

Member of the Commission