Notice of initiation of an anti-dumping proceeding concerning imports of polyethylene terephthalate (PET) film originating in India and the Republic of Korea
Date: 2000-05-27
Institutions: European Commission
Subjects: India, South Korea, anti-dumping legislation, complaint to the Commission, import, plastics

C 148/22

EN

Official Journal of the European Communities

27.5.2000

Notice of initiation of an anti-dumping proceeding concerning imports of polyethylene tereph-
thalate (PET) film originating in India and the Republic of Korea

(2000/C 148/09)

The Commission has receied complaints pursuant to Article 5
of Council Regulation (EC) No 384/96 (1), as last amended by
Regulation (EC) No 905/98 (2) (hereinafter referred to as (cid:145)the
basic Regulation(cid:146)), alleging that imports of polyethylene tereph-
film originating in India and the Republic of
thalate (PET)
Korea, are being dumped and are thereby causing material
injury to the Community industry.

1. COMPLAINTS

The complaints were lodged on 12 April 2000 by the
following Community producers: DuPont Teijin Films (DTF),
Mitsubishi Polyester Film GmbH, Nuroll SpA and Fapack SpA
(hereinafter referred to as (cid:145)the complainant(cid:146)) representing a
major proportion,
in this case more than 50 % of the total
Community production of polyethylene terepthalate (PET) film.

2. PRODUCT

The product allegedly being dumped is non-self-adhesive film
of polyethylene terephtalate (PET film), excluding film for the
flexible magnetic discs and photopolymer
manufacture of
printing plates
imported in accordance with the end-use
provisions of the Community legislation (hereinafter referred
to as (cid:145)the product concerned(cid:146)). The product is currently clas-
sifiable within CN codes ex 3920 62 19 and 3920 62 90. These
CN codes are given for information only.

4. ALLEGATION OF INJURY

The complainant has provided evidence that imports of the
product concerned from India and the Republic of Korea
in absolute terms and in terms of
have increased overall
market share.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the market share and the level of prices
charged by the Community producers, resulting in substantial
adverse effects on the financial situation and the employment
situation of the Community industry.

5. PROCEDURE

Having determined, after consulting the Advisory Committee,
that the complaints have been lodged by, or on behalf of the
Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the basic
Regulation.

5.1. Procedure for the determination of dumping and

injury

investigation will

The
the product
concerned originating in India and the Republic of Korea is
being dumped and whether this dumping has caused injury.

determine whether

It is also alleged that the product concerned has been declared
on importation as non-self-adhesive film made of other
polyesters falling within CN code 3920 69 00. Imports may
also take place under CN codes 3920 62 11 and 3920 62 13.
Products imported under these CN codes are also subject to
this proceeding in so far as the investigation reveals that the
product concerned has been misclassified within these codes.

(a) Sampling

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling
in accordance with Article 17 of the basic Regulation.

(i) Sampling for exporters/producers in India and the Republic of

Korea

3. ALLEGATION OF DUMPING

The allegation of dumping in respect of the Republic of Korea
is based on a comparison of normal value, established on the
basis of domestic prices, with the export prices of the product
concerned to the Community.

The allegation of dumping for India is based in the absence of
accurate evidence available to the complainant on domestic
sales on a comparison of a constructed normal value with
the export prices of the product concerned to the Community.

On this basis, the dumping margins calculated are significant
for all exporting countries concerned.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.

In order to enable the Commission to decide whether
if so, to select a sample, all
sampling is necessary and,
exporters/producers, or
representatives acting on their
behalf, are hereby requested to make themselves known
by
the
following information on their company or companies
within the time limit set in paragraph 6(b)(i) of this notice:

the Commission and providing

contacting

(cid:151) name, address, e-mail address,

telephone, and fax,

and/or telex numers and contact person,

(cid:151) if the company intends to submit a claim for an indi-
vidual margin (individual margins can only be claimed
by producers),

(cid:151) the turnover in local currency and the volume in
tonnes of the product concerned sold for export to
the Community during the period 1 April 1999 to
31 March 2000,

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EN

Official Journal of the European Communities

C 148/23

(cid:151) the turnover in local currency and the sales volume in
tonnes for the product concerned on the domestic
market during the period 1 April 1999 to 31 March
2000,

association of exporters/producers named in the complaints, to
the importers and to any association of importers named in the
complaints, as well as to the authorities of
the exporting
countries concerned.

(cid:151) the precise activities of the company with regard to

the product concerned,

(i) Non-complainant Community producers and importers

(cid:151) the names and the precise activities of all related
involved in the production and/or selling

parties (1)
(export and/or domestic) of the product concerned,

(cid:151) any other relevant information that would assist the

Commission in the selection of the sample,

(cid:151) an indication of whether the company agrees to their
inclusion in the sample which implies replying to a
questionnaire and accepting an on-the-spot
investi-
gation of their response.

In order to obtain the information it deems necessary for
the
the selection of
the authorities of
Commission will
India
and any known
associations of exporters/producers.

the sample of exporters/producers,
in addition contact
and the Republic of Korea,

(ii) Final selection of the sample

interested parties wishing to submit any relevant
All
the sample must
information regarding the selection of
do so within the time limit set in paragraph 6(b)(i) of
this notice.

The Commission intends to make the final selection of the
sample after having consulted the parties concerned that
have expressed their willingness to be included in the
sample.

Such parties if their views and information are to be taken
into account should contact the Commission forthwith and
if necessary request a questionnaire within the time limit
set out in paragraph 6(a)(i), given that the time limit set in
paragraph 6(a)(ii) of this notice applies to all
interested
parties.

(ii) Exporters/producers claiming an individual margin in India and

the Republic of Korea

Exporters/producers in India and the Republic of Korea
claiming an individual margin, with a view to the
application of Articles 17(3) and 9(6) of the Basic Regu-
lation, have to submit a completed questionnaire within the
this notice. They
time limit set in paragraph 6(a)(ii) of
therefore have to request a questionnaire within the time
limit set in paragraph 6(a)(i) of this notice. However, such
parties should be aware that
if sampling is applied to
exporters/producers, the Commission may decide not to
if it would be unduly
grant them an individual margin,
burdensome and would prevent the timely completion of
the investigation.

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence has to reach the Commission within the
time limit set in paragraph 6(a)(ii) of this notice.

Companies included in the sample must reply to a ques-
tionnaire within the time limit set in paragraph 6(b) of this
notice and must cooperate with the framework of
the
investigation.

the Commission may hear
they make a request showing that

interested parties,
Furthermore,
provided that
there are
particular reasons why they should be heard. This request
must be made within the time limit set in paragraph 6(a)(iii)
of this notice.

sufficient

cooperation

If
not
Commission will base its findings,
Articles 17(4) and 18 of
facts available.

forthcoming,

the
in accordance with
the basic Regulation, on the

is

(b) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to the
Community industry and to any association of producers in the
Community,
in India and the
Republic of Korea included in the sample and to any

to the exporters/producers

(1) For guidance on the meaning of related companies, please refer to
Article 143(1) of Commission Regulation (EEC) No 2454/93 of 2
the implementation of
July 1993 laying down provisions for
Council
the
establishing
(EEC) No
Community Customs Code (OJ L 253, 11.10.1993, p. 1).

Regulation

2913/92

5.2. Procedure for assessment of Community interest

that

industry,

substantiated,

In accordance with Article 21 of the basic Regulation and in
order that a decision may be reached as to whether,
in the
the allegations of dumping and injury caused
event
thereby are
the adoption of anti-dumping
measures would not be against the Community interest, the
representative
importers,
Community
associations, representative users and representative consumer
organisations, provided that
there is an
and the product
objective
in
concerned, may, within the general
paragraph 6(a)(ii) of this notice, make themselves known and
provide the Commission with information. It should be noted
that any information submitted pursuant to Article 21 will only
be taken into account if supported by factual evidence at the
time of submission.

link between their

they prove that

activity

limits

their

time

set

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EN

Official Journal of the European Communities

27.5.2000

6. TIME LIMITS

(a) General time limits

(i) For parties to request a questionnaire

All
interested parties should request a questionnaire as
soon as possible, but not later than 15 days after the
publication of
this notice in the Official
the
European Communities.

Journal of

(ii) For parties to make themselves known, to submit questionnaire

replies and any other information

if

interested parties,

their representatives are to be
All
taken into account during the investigation, must make
themselves known to the Commission, present
their
views and submit questionnaire replies or any other
information within 40 days of the date of publication of
this notice
the European
Communities,
specified. Companies
otherwise
selected in the sample must submit questionnaire replies
within the time limits specified in paragraph 6(b) of this
notice.

in the Official
unless

Journal

of

(iii) Hearings

All interested parties may also apply to be heard by the
Commission within the same time limit of 40 days.

(b) Specific time limit in respect of sampling

(i) All

information relevant for the selection of the sample
should reach the Commission within 15 days of the date
of publication of this notice in the Official Journal of the
European Communities, given that the Commission intends to
consult parties concerned that have expressed their will-
ingness to be included therein on the final selection of
the sample within a period of 21 days of the publication
of
the European
Communities.

this notice in the Official

Journal of

(ii) The questionnaire replies from sampled parties must reach
the Commission within 37 days of the date of the notifi-
cation of their inclusion in the sample.

7. WRITTEN SUBMISSIONS, QUESTIONNAIRE REPLIES AND

CORRESPONDENCE

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.

Commission address for correspondence:

European Commission
Directorate-General for Trade
Directorates C and E
DM 24 (cid:151) 8/37
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877

8. NON-COOPERATION

In cases in which any interested party refuses access to or does
not provide the necessary informaton within the time limits, or
significantly impedes the investigation, provisional or final
findings, affirmative or negative, may be made in accordance
with Article 18 of the basic Regulation, on the basis of the
facts available.

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.

9. SCHEDULE OF THE INVESTIGATION

The investigation will be concluded according to Article 6(9) of
the basic Regulation within 15 months of the publication of
this notice in the Official Journal of the European Communities.
According to Article 7(1) of the basic Regulation provisional
measures may be imposed no later than nine months from the
publication of this notice in the Official Journal of the European
Communities.