Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of polyester textured filament yarn (PTY) originating in Taiwan
Date: 2001-06-14
Institutions: European Commission
Subjects: Taiwan, anti-dumping duty, anti-dumping legislation, import, man-made fibre, originating product

C 170/2

EN

Official Journal of the European Communities

14.6.2001

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
polyester textured filament yarn (PTY) originating in Taiwan

(2001/C 170/02)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of polyester
textured filament yarn (PTY) originating in Taiwan,
((cid:145)the
country concerned(cid:146)), the Commission has received a request
for a review pursuant to Article 11(2) of Council Regulation
(EC) No 384/96 (2), as last amended by Regulation (EC) No
2238/2000 (3) ((cid:145)the Basic Regulation(cid:146)).

Concerning injury aspects,
is alleged that, despite the
it
measures in force, the penetration of imports of the product
concerned in significant quantities have continued, among
other consequences, to have a negative impact on the market
share held by the Community industry, resulting in substantial
adverse effects on the overall performance and the financial
situation of the Community industry.

1. Request for review

The request was lodged on 12 March 2001 by the International
Rayon and Synthetic Fibres Committee (CIRFS) ((cid:145)the applicant(cid:146))
on behalf of producers representing a major proportion, in this
case more than 50 %, of the total Community production of
polyester textured filament yarn (PTY).

The applicant further alleges the likelihood of further injurious
dumping. In this respect the applicant presents evidence that,
should measures lapse, the current import level of the product
concerned is likely to rise due to an increase of production
capacity in the country concerned which the domestic market
is not able to absorb, and the likelihood that exports to tradi-
tional markets
and other South-East Asian
countries) would be redirected to the Community, due to an
increase of their production capacity.

(e.g. China

2. Product

The product under review is polyester textured filament yarn
(PTY) originating in Taiwan ((cid:145)the product concerned(cid:146)), currently
classifiable within CN code 5402 33 00. This CN code is given
only for information.

imports at dumped prices

The applicant alleges that any further increase of the already
substantial
from the country
concerned would be likely to lead to a recurrence of further
injury of the Community industry should measures be allowed
to lapse.

3. Existing measures

5. Procedure

The measures currently in force on the product concerned are
definitive anti-dumping duties imposed by Council Regulation
(EC) No 3905/1988 (4), as amended by Regulations (EC) Nos
1074/1996 (5) and 2010/2000 (6).

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) of the Basic Regulation.

4. Grounds for the review

is based on the grounds that

the expiry of
The request
measures would be likely to result
in a continuation or
recurrence of dumping and injury to the Community industry.

5.1. Procedure

for

the determination of

likelihood of

continuation or recurrence of dumping and injury

The investigation will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury.

The applicant alleges that
Community have
quantities and at dumped prices.

the exports from Taiwan to the
in substantial

continued to be made

The allegation of continuation of dumping is based on a
comparison of a constructed normal value, with export
prices of the product concerned to the Community. On this
basis, the dumping margin calculated is significant.

(1) OJ C 361, 15.12.2000, p. 2.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 257, 11.10.2000, p. 2.
(4) OJ L 347, 16.12.1988, p. 10.
(5) OJ L 141, 14.6.1996, p. 45.
(6) OJ L 241, 26.9.2000, p. 1.

(a) Sampling

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

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Official Journal of the European Communities

C 170/3

(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 2000 to
31 March 2001,

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

the production of the product concerned,

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

companies (1)
selling (export and/or domestic) of
concerned,

producers in the Community, to the sampled exporters/
in Taiwan to any association of exporters/
producers
producers,
to any association of
to the
importers named in the request or which cooperated in
the investigation leading to the measures subject to the
present review, and to the authorities of
the exporting
country concerned.

importers,

In any event, all parties should contact the Commission
forthwith by fax in order to find out whether they are
listed in the request and if necessary request a ques-
tionnaire within the time limits set in point 6(a)(i), given
that the time limits set in points 6(a)(ii) and 6(b) of this
notice apply to all interested parties.

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

Commission in the selection of the sample,

(c) Collection of information and holding of hearings

(cid:151) an indication

the

of whether

company or
companies agree to their inclusion in the sample,
replying to a questionnaire and
which implies
accepting an on-the-spot
their
response.

investigation of

submit
to
and

information other

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

supporting

evidence.

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will, in addition, contact the authorities
of the exporting country, and any known associations
of exporters/producers.

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

5.2. Procedure for the assessment of Community interest

(ii) Final selection of the sample

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

Companies included in the sample must reply to a ques-
tionnaire within the time limit set in point 6(b) and
cooperate within the framework of the verification visit.

sufficient

cooperation is not

the
If
Commission will base its findings, in accordance with
Articles 17(4) and 18 of the Basic Regulation.

forthcoming,

(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

(1) For guidance on the meaning of related companies, please refer to
Article 143(1) of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

that

representative

In accordance with Article 21 of the Basic Regulation and in
the event
the likelihood of a continuation and/or
recurrence of dumping and injury is confirmed, a decision
will be reached as to whether to maintain or repeal the anti-
the Community
dumping measures would not be against
interest. For this reason the Community industry,
importers,
representative users and
their
associations,
representative consumer organisations, provided that
they
prove that there is an objective link between their activity
and the product concerned, may, within the time limits set
in point 6(a)(ii), make
the
Commission with information. The parties which have acted
in conformity with the precedent sentence may request a
hearing, setting the particular reasons why they should be
heard, within the time limit set
this
It should be noted that any information submitted
notice.
pursuant
if
to Article 21 will only be taken into account
supported by factual evidence at the time of submission.

themselves known, provide

in point 6(a)(iii) of

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

interested parties who did not co-operate in the
All
investigation leading to the measures subject to the
present review should request a questionnaire as soon
as possible, but not later than 15 days after the publi-
cation of
the
European Communities.

this notice in the Official

Journal of

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Official Journal of the European Communities

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(ii) For parties to make themselves known, to submit ques-

7. Written submissions, questionnaire replies and corre-

tionnaire replies and any other information

spondence

All interested parties, if their representations are to be
taken into account during the investigation, must make
themselves known by contacting the Commission,
present their views and submit questionnaire replies
or any other information within 40 days of the date
of publication of this notice in the Official Journal of the
European Communities, unless otherwise specified.

Companies selected in a sample must submit ques-
tionnaire replies within the time limit specified in
point 6(b) of this notice.

(iii) Hearings

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

(b) Specific time limit in respect of sampling

information relevant for the selection of the sample
All
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

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 B and C
TERV (cid:151) 0/13
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
otherwise does not provide the necessary information within
the 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.

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

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.