Notice of initiation of an anti-dumping proceeding concerning imports of certain filament yarns of cellulose acetate originating in Lithuania and the USA
Date: 2001-12-20
Institutions: European Commission
Subjects: Lithuania, United States, anti-dumping legislation, import, infringement procedure (EU), textile fibre

20.12.2001

EN

Official Journal of the European Communities

C 364/3

Notice of initiation of an anti-dumping proceeding concerning imports of certain filament yarns of
cellulose acetate originating in Lithuania and the USA

(2001/C 364/03)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Regulation (EC) No 2238/2000 (2)
((cid:145)the Basic Regulation(cid:146)),
imports of certain filament yarns of cellulose
alleging that
acetate, originating in Lithuania and the USA ((cid:145)countries
concerned(cid:146)), are being dumped and are thereby causing
material injury to the Community industry.

1. Complaint

The complaint was lodged on 12 November 2001 by CIRFS
(ComitØ international de la Rayonne et des Fibres synthŁtiques
(cid:151) International Committee of rayon and synthetic fibres) ((cid:145)the
complainant(cid:146)) on behalf of producers representing a major
proportion,
the total
in this case more than 75 % of
Community production of certain filament yarns of cellulose
acetate.

2. Product

The product allegedly being dumped is non-textured artificial
filament yarn of cellulose acetate, which is used in the textile
industry, originating in Lithuania and the USA ((cid:145)the product
concerned(cid:146)), currently classifiable within CN codes 5403 33 10,
5403 33 90 and 5403 42 00. These CN codes are only given
for information.

3. Allegation of dumping

The allegation of dumping for Lithuania and the USA is based
on a comparison of a constructed normal value for Lithuania
and of a constructed normal value and domestic prices for the
USA with the export prices of the product concerned to the
Community.

On this basis, the dumping margins calculated are significant
for all exporting countries concerned.

adverse effects on the overall performance,
situation and the employment situation of
industry.

the financial
the Community

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
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 Lithuania and the USA is being
dumped and whether this dumping has caused injury.

determine whether

(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 Lithuania and the USA to any association of exporters/
producers, to the importers, to any association of importers
named in the complaint, and to the authorities of
the
exporting countries concerned.

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out
in point 6(a) of this notice, in order to find out whether
they are listed in the complaint and, if necessary, request a
questionnaire, given that the time limit set in point 6(b) of
this notice applies to all such interested parties.

4. Allegation of injury

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

concerned from Lithuania

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the quantities sold and the level of prices
charged by the Community industry, resulting in substantial

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

(b) 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(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 point 6(c) of this
notice.

C 364/4

EN

Official Journal of the European Communities

20.12.2001

5.2. Procedure for assessment of Community interest

(c) Hearings

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 time limits set in point 6(b) 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 in point 6(c) 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.

themselves known and provide

link between their

they prove that

activity

6. Time limits

(a) For parties to request a questionnaire

interested parties should request a questionnaire as
later than 15 days after the
the

All
soon as possible, but not
publication of
European Communities.

this notice in the Official

Journal of

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

replies and any other information

if

interested parties,

their representations are to be
All
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
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.

in the Official

Journal

of

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

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 7(1) of the Basic Regulation,
provisional measures may be imposed no later than nine
months from the publication of
this notice in the Official
Journal of the European Communities.