Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of cotton-type bed linen originating in India
Date: 2002-02-13
Institutions: European Commission
Subjects: India, anti-dumping duty, cotton, import, originating product, textile product

13.2.2002

EN

Official Journal of the European Communities

C 39/17

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of cotton-type bed linen originating in India

(2002/C 39/05)

The Commission has received a request for a partial interim
review pursant to Article 11(3) of Council Regulation (EC) No
384/96 (1), as last amended by Regulation (EC) 2238/2000 (2)
((cid:145)the basic Regulation(cid:146)).

dumping found in previous investigations that
led to the
existing duty rates, as specified in the amending Regulation.

1. Request for review

The request was lodged by the Committee of the Cotton and
Allied Textile Industries of the European Union (Eurocoton)
((cid:145)the applicant(cid:146)) on behalf of producers representing a major
proportion of the total Community production of cotton-type
bed linen.

2. Product

The product concerned is certain bed linen of cotton fibres,
pure or mixed with manmade fibres or flax (flax not being the
dominant fibre), bleached, dyed or printed originating in India,
falling within CN codes
ex 6302 21 00 (TARIC-codes
6302 21 00*81, 6302 21 00*89), ex 6302 22 90 (TARIC-code
6302 22 90*19), ex 6302 31 10 (TARIC-code 6302 31 10*90),
ex 6302 31 90 (TARIC-code 6302 31 90*90) ex 6302 32 90
(TARIC-code 6302 32 90*19). These CN codes are given only
for information.

3. Existing measures

The measures currently in force on imports of cotton-type
bed linen originating, in India, are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 2398/97 (3), as
last amended by Regulation (EC) No 1644/2001 (4)
((cid:145)the
amending Regulation(cid:146)), by which the duty
rates were
amended and the collection of duties was suspended. The
suspension followed a reassessment to the measures based on
a panel report and an Appellate Body report adopted by the
Dispute Settlement Body of
the World Trade Organisation
(WTO) on the case (cid:145)European Communities (cid:151) anti-dumping
duties on imports of cotton-type bed linen from India(cid:146).

4. Grounds for the review

The request for the interim review is based on the evidence
provided by the applicant that the circumstances with regard to
dumping have changed significantly.

The allegation of increased dumping 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 significantly higher than the

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 332, 4.12.1997, p. 1.
(4) OJ L 219, 14.8.2001, p. 1.

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation. During
the review the application of
the anti-dumping duty shall
remain suspended pursant to Article 2 of the amending Regu-
lation.

(a) Sampling for investigation of dumping

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling,
in accordance with Article 17 of the basic Regulation.

(i) Sampling for exporters/producers

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
following information on their company or companies
within the time limit set in point 6(b)(i) of this notice:

(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 January 2001 to
31 December 2001,

(cid:151) a copy of the (cid:145)Form of Registration-cum-membership
issued by (cid:145)The Cotton Textiles Export

Certificate(cid:146)
Promotion Council(cid:146),

(cid:151) the turnover in local currency and the volume in
tonnes of
concerned sold on the
domestic market during the period 1 January 2001
to 31 December 2001,

the product

(cid:151) whether the company intends to claim for an indi-

vidual margin,

C 39/18

EN

Official Journal of the European Communities

13.2.2002

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

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 authorities of
the exporting country, and any known associations of
exporters/producers.

(ii) Final selection of the sample

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.

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

time limit

basic Regulation, should request a questionnaire within the
time limit set in point 6(a)(i) of this notice, given that they
have to submit a duly completed questionnaire within the
general
this notice.
However, such parties should be aware that if sampling is
applied to exporting producers the Commission may decide
it would be
not to grant them an individual margin,
unduly
timely
the
burdensome
completion of the investigation.

if
and would prevent

in point 6(a)(ii) of

set

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 ques-
tionnaire within the time limit set in point 6(a)(i), given
that
this notice
the time limit set
applies to all interested parties.

in point 6(a)(ii) of

(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 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.

Companies included in the sample must reply to a ques-
tionnaire within the time limit set in point 6(b)(ii) of this
notice and must cooperate within the framework of the
investigation.

6. Time limits

(a) General time limits

sufficient

the
If
cooperation is not
in accordance with
Commission will base its findings,
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, to any association of producers
in the Community, to the sampled exporters/producers in
India to any association of exporters/producers,
to the
importers and to any association of importers which coop-
erated in the investigation leading to the measures subject to
the present review, and to the authorities of the exporting
country concerned.

Exporters in India claiming an individual margin, with a
view to the application of Articles 17(3) and 9(6) of the

(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).

(i) For parties to request a questionnaire

All
interested parties who did not cooperate in the
investigation 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.

(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
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 the afore-
mentioned period.

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EN

Official Journal of the European Communities

C 39/19

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

specified), and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of the interested party.

(iii) Hearings

Commission address for correspondence:

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

the European Communities, given that

(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
the
Journal of
Commission intends to consult parties 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 Communites.

(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

European Commission
Directorate-General for Trade
Directorates B and C
TERV 0/13
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 basis Regulation, on the basis of the facts
available.

Where it is found any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available.