Notice of initiation of an anti-dumping proceeding concerning imports of polyester textured filament yarn (PTY) originating in India
Date: 2001-11-09
Institutions: European Commission
Subjects: India, anti-dumping legislation, import, originating product, plastics, textile fibre

C 315/2

EN

Official Journal of the European Communities

9.11.2001

Notice of initiation of an anti-dumping proceeding concerning imports of polyester textured
filament yarn (PTY) originating in India

(2001/C 315/02)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Council Regulation (EC) No 2238/2000 (2)
(the Basic Regu-
lation), alleging that
imports of polyester textured filament
yarn (PTY), originating in India (country concerned), are
being dumped and are thereby causing material injury to the
Community industry.

1. Complaint

The complaint was lodged on 25 September 2001 by the Inter-
national Committee of Rayon and Synthetic Fibres (CIRFS) (the
complainant) on behalf of producers representing a major
the total
in this case more than 50 %, of
proportion,
Community production of polyester textured filament yarn
(PTY).

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 is being dumped and whether
this dumping has caused injury.

determine whether

(a) Sampling

In view of the apparent large number of parties involved in
this proceedings,
the Commission may decide to apply
sampling in accordance with Article 17 of the Basic Regu-
lation.

2. Product

(i) Sampling for exporters/producers in India

The product allegedly being dumped is polyester textured
filament
(the product
concerned), currently classifiable within CN code 5402 33 00.
This CN code is only given for information.

yarn (PTY) originating

in India

3. Allegation of dumping

The allegation of dumping for India is based 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 the country concerned.

4. Allegation of injury

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

It is alleged that the volumes and the price of the imported
product concerned have, among other consequences, has a
negative impact on the market share held, the quantities sold
and the level of prices charged by the Community industry,
effects on the overall
resulting
adverse
performance and the financial situation of
the Community
industry.

in substantial

5. Procedure

Having determined, after consulting the Advisory Committee,
that the complaint has 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

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.

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 by contacting the Commission and providing
the
company or
companies within the time limit set in point 6(b)(i)
of this notice:

following information on their

(cid:151) name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

(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 October 2000
to 30 September 2001,

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

(cid:151) the turnover in local currency and the sales volume
in tonnes
the product concerned on the
domestic market during the period 1 October
2000 to 30 September 2001,

for

(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 (3)
selling (export and/or domestic) of
concerned,

(3) 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).

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

Commission in the selection of the sample,

Commission will,
associations of exporters/producers.

in addition, contact any known

(cid:151) an indication 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

the

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 auth-
orities of
the exporting country, and any known
associations of exporters/producers.

(ii) Sampling for importers

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, 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)(i) of this notice:

(iii) Final selection of the samples

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

samples

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

after having

Companies included in the samples must reply to a
questionnaire within the time limit
in point
6(b)(ii) of this notice and must cooperate within the
framework of the investigation.

set

sufficient

cooperation is not

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

forthcoming,

(cid:151) name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

(b) Questionnaires

(cid:151) the turnover in euro of the company during the
period 1 October 2000 to 30 September 2001,

(cid:151) the total number of employees,

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

the product concerned,

(cid:151) the volume in tonnes and value in euro of imports
into and resales made in the Community market
the period 1 October 2000 to 30
during
product
2001
September
concerned originating in India,

imported

the

of

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

companies (1)
selling 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

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

investigation of

the

In order to obtain the information it deems necessary
the
for

the selection of

the sample of

importers,

(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).

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 sampled exporters/
producers
to any association of exporters/
producers, to the sampled importers, to any association
of importers named in the complaint, and to the authorities
of the exporting country concerned.

in India,

Exporters/producers in India claiming an individual margin,
with a view to the application of Articles 17(3) and 9(6) of
the Basic Regulation, must
submit a completed ques-
tionnaire within the time limit set in point 6(a)(ii) of this
notice. They therefore have to request a questionnaire
within the time limit set in point 6(a)(i) of this notice.
However, such parties should be aware that if sampling is
applied to exporters/producers,
the Commission may
nonetheless decide not to calculate an individual margin
for them, if the number of exporters/producers is so large
that individual examination would be unduly burdensome
and would prevent the timely completion of the investi-
gation.

(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 point 6(a)(ii) 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 point 6(a)(iii) of
this notice.

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5.2. Procedure for assessment of Community interest

(b) Specific time limit in respect of sampling

this

their

industry,

the Community interest. For

In accordance with Article 21 of the Basic Regulation and in
the event that the allegations of dumping and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of anti-dumping measures would not
reason the
be against
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
objective
and the product
concerned, may, within the general time limits set in point
6(a)(ii) 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 in point 6(a)(iii) of this notice. 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

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 Journal of the
European Communities.

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

tionnaire replies and any other information

All interested parties, if their representations are to be
taken into account during the investigaton, 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.
Attention is drawn to the fact that the exercise of
most procedural rights set out in the Basic Regulation
depends on the party’s making itself known within the
aforementioned period.

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

(iii) Hearings

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

the European Communities, given that

(i) All information relevant for the selection of the samples
should reach the Commission within 15 days of the
this notice in the Official
date of publication of
the
Journal of
Commission intends to consult parties concerned that
have expressed their willingness to be included therein
on the final selection of the samples within a perod of
21 days of the publication of this notice in the Official
Journal of the European Communities.

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

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 (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 does
not provide the necessary information 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 date of the
publication of this notice in the Official Journal of the European
Communities. According to Article 71(1) of the Basic Regu-
lation, provisional measures may be imposed no later than 9
months from the publication of
this notice in the Official
Journal of the European Communities.