Notice of initiation of an interim review of the anti-dumping measures applicable to imports of polyester textured filament yarn originating in Indonesia
Date: 2002-05-31
Institutions: European Commission
Subjects: Indonesia, anti-dumping measure, import, originating product, plastics, textile fibre

C 129/2

EN

Official Journal of the European Communities

31.5.2002

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

(2002/C 129/02)

The Commission has decided on its own initiative to initiate an
interim review pursuant to Article 11(3) of Council Regulation
(EC) No 384/96 (1), as last amended by Regulation (EC) No
2238/2000 (2) (‘the Basic Regulation’).

1. Product

The product under review is polyester textured filament yarn
originating in Indonesia (‘the product concerned’) currently
classifiable within CN code 5402 33 00. This CN code is
given only for information.

2. Existing measures

The measure currently in force is a definitive anti-dumping
duty imposed by Council Regulation (EC) No 2160/96 (3), as
last amended by Regulation (EC) No 1078/2001 (4).

3. Grounds for the review

On the basis of the information collected by the Commission
within the framework of the ongoing expiry review concerning
the same proceeding and information received by Le Comité
international de la Rayonne et des Fibres synthétiques (CIRFS),
the Commission considers that there are sufficient grounds
warranting the initiation of an interim review of the existing
measures.

information shows

This
the dumping margins have
significantly changed vis-à-vis those upon which the existing
measures were based.

that

Concerning injury aspects, the available information appears to
indicate that, notwithstanding the existing measures,
imports
from the country concerned have continued to penetrate the
Community market in substantial quantities at dumped price
and have, thus, continued to contribute to the injury suffered
by the Community industry. Therefore, it appears that the level
of the current measures is no longer appropriate to remove the
injurious effects of dumping.

4. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the Basic Regulation.

4.1. Procedure for the determination of dumping and injury

(a) Sampling

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 Indonesia

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
and
the
following
non-confidential
or
companies within the time limit set in point 5(b)(i)
of this notice:

confidential
company

information
form on

in
their

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— 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,

— the turnover in local currency and the volume in
tonnes of
the product concerned sold on the
domestic market during the period 1 January
2001 to 31 December 2001,

— the precise activities of the company with regard to
the production of the product concerned and the
volume
concerned
produced during the period 1 January 2001 to
31 December 2001,

in tonnes of

the product

— the names and the precise activities of all related
involved in the production and/or
the product

companies (5)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether

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

investigation of

the

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

(5) 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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Official Journal of the European Communities

C 129/3

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
unrelated importers, or representatives acting on their
behalf, are hereby requested to make themselves
known to the Commission and to provide
the
following information in confidential and non-confi-
dential form on their company or companies within
the time limit set in point 5(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 set
in point 5
(b)(ii) of this notice and must cooperate within the
framework of the investigation.

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,

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

(b) Questionnaires

— the total turnover in euro of the company during
the period 1 January 2001 to 31 December 2001,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in tonnes and value in euro of imports
into and resales made in the Community market
during
the period 1 January 2001 to 31
December 2001 of the product concerned,

— the names and the precise activities of all related
production,
the

companies (1)
involved
processing, purchasing
product concerned,

in
and/or

selling of

the

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether

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

investigation of

the

In order to obtain the information it deems necessary
for the selection of
the
in addition, contact any known
Commission will,
associations of importers.

the sample of

importers,

(iii) Final selection of the samples

interested parties wishing to submit any relevant
All
information regarding the selection of
the samples
must do so within the time limit set in point 5(b)(i)
of this notice.

(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 in Indonesia, to any association of exporters/
producers, to the sampled importers, to any association
of importers named in the request or which cooperated
in the investigation leading to the measures subject to the
the exporting
present review, and to the authorities of
country concerned.

Exporters/producers in Indonesia claiming an individual
margin, with a view to the application of Articles 17(3)
and 9(6) of the Basic Regulation, should request a ques-
tionnaire within the time limit set in point 5(a)(i), given
that they have to submit a duly completed questionnaire
within the time limit set in point 5(a)(ii) of this notice.
However, such parties should be aware that if sampling is
applied to exporters/producers, the Commission may decide
if it would be
not to grant them an individual margin,
unduly burdensome
timely
completion of the investigation.

and would prevent

the

In any event, all parties who did not cooperate during the
investigation leading to measures subject to the present
review should request a questionnaire within the time
limit set in point 5(a)(i), given that the time limit set in
point 5(a)(ii) of this notice applies to all interested parties.

(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 5(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 5(a)(iii) of
this notice.

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Official Journal of the European Communities

31.5.2002

4.2. Procedure for the assessment of Community interest

(iii) Hearings

that

their

industry,

In accordance with Article 21 of the Basic Regulation and in
the continuation of dumping and injury is
the event
confirmed, a decision will be reached as to whether
to
maintain, amend or repeal the anti-dumping measures would
not be against the Community interest. For this reason the
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
5(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 5(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

5. Time limits

(a) General time limits

(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 publi-
cation of
the
European Communities.

this notice in the Official

Journal of

(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.

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 samples
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 samples within a period of
21 days of
this notice in the
Official Journal of the European Communities.

to consult parties

the publication of

(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.

6. 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
Office: TERV — 0/13
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

7. 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.

Companies selected in a sample must submit ques-
tionnaire replies within the time limit specified in
point 5(b)(ii) of this notice.

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.