Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of polyester textured filament yarn originating in Indonesia and Thailand
Date: 2001-11-10
Institutions: European Commission
Subjects: Indonesia, Thailand, anti-dumping duty, anti-dumping legislation, plastics, textile fibre

10.11.2001

EN

Official Journal of the European Communities

C 316/9

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
polyester textured filament yarn originating in Indonesia and Thailand

(2001/C 316/04)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of polyester
textured filament yarn originating in Indonesia and Thailand,
((cid:145)countries concerned(cid:146)), the Commission has received a request
for 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)).

1. Request for review

The request was lodged on 9 August 2001 by the International
Committee of Rayon and Synthetic Fibres
((cid:145)the
applicant(cid:146)) 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).

(CIRFS)

2. Product

concerned in significant quantities

Concerning injury aspects,
is alleged that, despite the
it
measures in force, the penetration of Indonesian imports of
the product
and at
dumped prices 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
its overall performance and financial situation. Furthermore,
should measures
the
product concerned is likely to increase significantly, given the
substantial unused capacity in both Indonesia and Thailand
(which is also forecast to increase in the medium term) and
the existence of well-established distribution channels in the
Community for these imports of the product concerned.

the current

level of

import

lapse,

the situation of

the Community
The applicant alleges that
still
substantial
industry is
increase of
imports at dumped prices from the countries
concerned would be likely to cause even further injury to
the Community industry.

fragile and that any further

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

5. Procedure

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 2160/96 (4), as
last amended by Regulation (EC) No 1078/2001 (5).

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 with
regard to Indonesia and a recurrence with regard to Thailand
of dumping and injury to the Community industry.

continued to be made

In respect of Indonesia, the applicant alleges that exports to the
in substantial
Community have
quantities at dumped prices. The allegation of continuation
of dumping in respect of Indonesia 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.

With regard to Thailand the applicant alleges that there is a
likelihood of recurrence of substantial exports at dumped
prices based on the findings of the recent review investigation
and on the evidence that exports from Thailand to other third
countries,
the United States of America, are made at
dumped prices.

i.e.

(1) OJ C 74, 7.3.2001, p. 2.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 257, 11.10.2000, p. 2.
(4) OJ L 289, 12.11.1996, p. 14.
(5) OJ L 149, 2.6.2001, p. 5.

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) Sampling

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

(i) Sampling for exporters/producers in Indonesia and

Thailand

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 to provide
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,

C 316/10

EN

Official Journal of the European Communities

10.11.2001

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

(cid:151) the precise activities of the company with regard to
the production of the product concerned and the
concerned
volume
produced during the period 1 October 2000 to
30 September 2001,

in tonnes of

the product

(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,

(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
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.

sufficient

cooperation is not

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

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
producers in the Community, to the sampled exporters/
producers in Indonesia and Thailand to any association of
to any
exporters/producers,
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 countries concerned.

importers,

to the

and

Exporters producers in Indonesia and Thailand claiming an
individual margin, with a view to the application of Articles
17(3) and 9(6) of the Basic Regulation, should request a
in point 6(a)(i),
questionnaire within the time limit set
given that they have to submit a duly completed ques-
tionnaire within the time limit set in point 6(a)(ii) of this
notice. However, such parties should be aware that
if
the
to
sampling
Commission may decide not to grant them an individual
margin,
it would be unduly burdensome and would
prevent the timely completion of the investigation.

exporters/producers,

applied

is

if

In any event, all parties who did not cooperate during the
investigation leading to measures subject to the present
review should contact the Commission forthwith by fax
in order
they are listed in the
request and if necessary request a questionnaire within
the time limit set
the time
limit set in points 6(a)(ii) and 6(b) of this notice applies
to all interested parties.

in point 6(a)(i), given that

to find out whether

(ii) Final selection of the sample

(c) Collection of information and holding of hearings

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

sample

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

after having

consulted

Companies included in the sample 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

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 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.

5.2. Procedure for the assessment of Community interest

(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 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

10.11.2001

EN

Official Journal of the European Communities

C 316/11

For

this

their

activity

industry,

they prove that

the Community

link between their

reason the
interest.
against
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
and the product
objective
concerned, may, within the time limits set in point 6(a)(ii) of
this notice, 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 and provide

in point 6(a)(iii) of

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All parties falling under point 5(b) of this notice 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 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
specified.
European Communities, unless otherwise
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.

(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

(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
concerned that have
expressed their willingness to be included therein on
the final selection of the sample within a period of 21
days of the publication of this notice in the Official
Journal of the European Communities.

to consult parties

(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
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.