Commission Regulation (EC) No 1240/2001 of 25 June 2001 initiating a "new exporter" review of Council Regulation (EC) No 2604/2000 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating, inter alia, in India, repealing the duty with regard to imports from one exporting producer and making these imports subject to registration
Date: 2001-06-25
Institutions: European Commission
Subjects: India, anti-dumping duty, import, originating product, plastics

26.6.2001

EN

Official Journal of the European Communities

L 171/3

COMMISSION REGULATION (EC) No 1240/2001

of 25 June 2001

initiating a ‘new exporter’ review of Council Regulation (EC) No 2604/2000 imposing a definitive
anti-dumping duty on imports of certain polyethylene terephthalate originating, inter alia, in India,
repealing the duty with regard to imports from one exporting producer and making these imports
subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Community (1) (‘the
basic Regulation’), as last amended by Council Regulation (EC)
No 2338/2000 (2), and in particular Article 11(4) thereof,

After consulting the Advisory Committee,

Whereas:

proceeding leading to the existing measures, since it did
not export the product concerned to the Community
during the period of investigation on which the existing
i.e. 1 October 1998 to 30
measures were based,
investigation period’).
September 1999 (‘the original
Therefore no individual margin could be established at
that time and he was attributed the residual duty. The
Regulation stated explicitly that the applicant was enti-
tled to request a new exporter review, when they had
exported to the Community or when they could demon-
strate that they had entered into irrevocable contractual
obligations
to the
Community.

significant quantities

to export

(1)

(2)

(3)

A. REQUEST FOR A REVIEW

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 Futura Poly-
mers Ltd (‘the applicant’), an exporting producer in India
(‘the country concerned’).

B. PRODUCT

The product under investigation is polyethylene tereph-
thalate (‘PET’) with a coefficient of viscosity of 78 ml/g
or higher, according to DIN (Deutsche Industrienorm)
53728, as described in Article 1 of the Council Regula-
tion imposing the existing measures, originating in India
(‘the product concerned’).
is currently classifiable
within CN codes 3907 60 20 and ex 3907 60 80
(TARIC code 3907 60 80 10.) These CN codes are given
for information only.

It

C. EXISTING MEASURES

The measures currently in force are a definitive anti-
dumping duty imposed by Council Regulation (EC) No
2604/2000 (3)
(‘the Regulation’) under which imports
into the Community of
the product concerned are
subject to a definitive duty in the form of a specific
amount per tonne of EUR 181,7/t, with the exception
of
specifically
mentioned, which are subject to individual duties. The
imports of
the product concerned produced by the
applicant are subject to a definitive individual duty of
EUR 223,0/t.

from several

companies

imports

(5)

(6)

(7)

The applicant alleges that, while it did not export the
product concerned to the Community during the orig-
inal investigation period, it has begun to do so there-
after, and that it is not related to any of the exporting
producers of the product concerned which are subject to
the above-mentioned anti-dumping measures.

E. PROCEDURE

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-
cant's
should
individual margin of dumping and,
the level of duty to which its
dumping be found,
imports of the product concerned into the Community
should be subject.

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.

(a) Questionnaires

In order to obtain the information it deems neces-
sary for its investigation, the Commission will send a
questionnaire to the applicant.

D. GROUNDS FOR THE REVIEW

(b) Collection of information and holding of hearings.

(4)

The applicant had co-operated in an anti-subsidy
proceeding run in parallel with the investigation that led
to the existing measures, but not in the anti-dumping

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 301, 30.11.2000, p. 21.

interested parties are hereby invited to make
All
their views known in writing and to provide
supporting evidence. Furthermore, the Commission
may hear interested parties, provided that they make
a request in writing and show that there are partic-
ular reasons why they should be heard.

L 171/4

EN

Official Journal of the European Communities

26.6.2001

(8)

(9)

F. REPEAL OF

THE DUTY

IN

FORCE AND

REGISTRATION OF IMPORTS

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
imports should be made subject
to registration in
accordance with Article 14(5) of the basic Regulation, in
in a
order to ensure that, should the review result
finding of dumping in respect of the applicant, anti-
dumping duties can be levied retroactively from the date
of
the
applicants' possible future liabilities cannot be estimated
at this stage of the proceeding.

this review. The amount of

the initiation of

G. TIME LIMIT

time limits

In the interest of sound administration,
should be stated within which:
— interested parties may make themselves known to
the Commission, present their views in writing and
submit the reply to the questionnaire mentioned in
recital 7(a) of this Regulation or any other informa-
tion to be taken into account during the invest-
igation,

— interested parties may make a written request to be

heard by the Commission.

H. NON-COOPERATION

(10)

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.

(11) 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 2604/2000 is hereby initiated
pursuant to Article 11(4) of the basic Regulation in order to
determine if and to what extent
imports of polyethylene
terephthalate with a coefficient of viscosity of 78 ml/g or
higher, according to DIN (Deutsche Industrienorm) 53728,
falling within 3907 60 20 and ex 3907 60 80 (TARIC code

3907 60 80 10) originating in India, produced and sold for
export to the Community by Futura Polymers Ltd, should be
subject to the anti-dumping duty imposed by Regulation (EC)
No 2604/2000.

Article 2

The anti-dumping duty imposed by Regulation (EC) No 2604/
2000 is hereby repealed with regard to imports of the product
identified in Article 1 of this Regulation (TARIC additional
code: A184).

Article 3

to
The customs authorities are hereby directed, pursuant
Article 14(5) of the Regulation (EC) No 384/96, to take the
appropriate steps to register the imports identified in Article 1
of this Regulation. Registration shall expire nine months after
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 by contacting the Commission, present their views in
writing and submit information, unless otherwise specified,
within 40 days of the date of entry into force of this Regula-
tion. Interested parties may also apply to be heard by the
Commission within the same 40-day time limit. This time limit
applies to all interested parties, including parties not named in
the application, 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
Directorate General for Trade
TERV-0/13
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, 25 June 2001.

For the Commission

Pascal LAMY

Member of the Commission