Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of polyester staple fibre originating in Belarus
Date: 2001-07-28
Institutions: European Commission
Subjects: Belarus, anti-dumping measure, import, man-made fibre, originating product

28.7.2001

EN

Official Journal of the European Communities

C 211/51

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
polyester staple fibre originating in Belarus

(2001/C 211/08)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of polyester
staple fibre originating in Belarus, ((cid:145)the country concerned(cid:146)), the
Commission has received a request
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)).

for review pursuant

1. Request for review

increase. There is substantial unused capacity in Belarus which
is likely to be directed to the Community due to the measures
in force in traditional markets other than the Community (i.e.
Turkey and Poland), to the saturation of other regional markets
(in particular, the Americas and the Asia-Pacific region), and to
the existence of well-established distribution channels
for
Belarus’s products in the Community. Also, an indication of
quantities that would be exported to the Community is given
by the past circumvention activities (see below).

The request was lodged on 30 April 2001 by the International
Committee of Rayon and Synthetic Fibres
((cid:145)the
representing a major
applicant(cid:146)) on behalf of producers
the total
proportion,
Community production of polyester staple fibre.

in this case more than 50 %, of

(CIRFS)

2. Product

The product under review is polyester staple fibre originating
in Belarus
((cid:145)the product concerned(cid:146)), currently classifiable
within CN code 5503 20 00. This CN code is given only for
information.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1490/96 (4), as
extended by Regulation (EC) No 2513/97 (5), to cover imports
of polyester
tow (PFT), which circumvented the
original measure.

filament

4. Grounds for the review

is based on the grounds that

The request
measures would be likely to result
dumping and injury to the Community industry.

the expiry of
in a recurrence of

With regard to the recurrence of dumping, evidence was
presented that the exports to other third countries (such as
the United States of America, Ukraine, Hungary and Lithuania)
were made at dumped prices. Furthermore,
that
measures were circumvented (see below) shows a structural
propensity to dump. Also, Belarus’s exports of the product
to anti-dumping measures in other
concerned are subject
third countries
same
propensity.

(Turkey, Poland), pointing to this

the fact

The applicant presents evidence that, should measures lapse,
the current import level of the product concerned is likely to

(1) OJ C 29, 30.1.2001, p. 3.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 257, 11.10.2000, p. 2.
(4) OJ L 189, 30.7.1996, p. 13.
(5) OJ L 346, 17.12.1997, p. 1.

the applicant alleges

Concerning injury aspects,
the
situation of the Community industry is still fragile and that
any recurrence of substantial imports at dumped prices from
the country concerned would be likely to lead to a recurrence
of further injury to the Community industry, should measures
lapse.

that

Furthermore, the applicant points out that during the period of
imposition of measures, the exporters/producers of the product
concerned from Belarus undermined the existing measures by
circumvention practices, which were counteracted by Regu-
lation (EC) No 2513/97 by which measures were extended to
imports of polyester filament tow from Belarus.

5. Procedure

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.

5.1. Procedure

for

the determination of

likelihood 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.

(a) 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, to the exporters/producers
in Belarus, to any association of exporters/producers, to
the importers, to any association of 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.

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 questionnaire
within the time limit set in paragraph 6(a), given that the
time limit set in paragraph 6(b) of this notice applies to all
interested parties.

C 211/52

EN

Official Journal of the European Communities

28.7.2001

(b) Collection of information and holding of hearings

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

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 must reach the Commission within the
time limit set in paragraph 6(b) of this notice.

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 paragraph 6(c) of
this notice.

replies and any other information

All interested parties, if their representations are to be taken
into account during the investigation, must make them-
selves 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.

(c) Hearings

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

(c) Selection of the market-economy third country

(d) Specific time limit for the selection of the market-economy country

In accordance with Article 2(7) of the basic Regulation, it is
envisaged to choose Taiwan as an appropriate market-
economy country for the purpose of establishing normal
value in respect of Belarus, since, inter alia, it was used as an
analogue market in previous investigations concerning the
Interested parties are hereby invited to
same product.
comment on the appropriateness of
this choice within
the specific time limit set in paragraph 6(d) of this notice.

5.2. Procedure for the assessment of Community interest

For

this

their

industry,

the Community

In accordance with Article 21 of the basic Regulation and in
the event that the likelihood of a continuation of dumping and
injury is confirmed, a decision will be reached as to whether to
maintain or repeal the anti-dumping measures would not be
reason the
interest.
against
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
objective
and the product
concerned, may, within the time limits set in paragraph 6(b)
of
this notice, make themselves known and provide 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.

in paragraph 6(c) of

link between their

they prove that

activity

Parties to the investigation may wish to comment on the
appropriateness of Taiwan which,
as mentioned in
paragraph 5.1(c) of this notice, is envisaged as a market-
economy country for the purpose of establishing normal
value in respect of Belarus. These comments must reach the
this
Commission within 10 days of
notice in the Official Journal of the European Communities.

the publication of

7. Written submissions, questionnaire replies and corre-

spondence

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 0/13
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

8. Non-cooperation

6. Time limits

(a) For parties to request a questionnaire

All interested parties who did not cooperate in the investi-
gation 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 publication of this notice in the
Official Journal of the European Communities.

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.

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.