Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of polyester textured filament yarn originating in Malaysia
Date: 2002-06-06
Institutions: European Commission
Subjects: CCT duties, Malaysia, anti-dumping duty, import, textile fibre

C 135/10

EN

Official Journal of the European Communities

6.6.2002

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

(2002/C 135/09)

Following the publication of a notice of impending expiry of
the anti-dumping measures in force on imports of polyester
textured filament yarn originating in Malaysia (1),
(‘country
concerned’),
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) (‘the basic Regulation’).

the Commission has

received a request

1. Request for review

The request was lodged on 5 March 2002 by the International
Rayon and Synthetic Fibres Committee (CIRFS) (‘the applicant’)
on behalf of producers representing a major proportion, in this
case more than 35 %, of the total Community production of
polyester textured filament yarn.

2. Product

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

(‘the product

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1001/97 (4), as
last amended by Regulation (EC) No 1992/2000 (5).

imports of the product
the flow of
It is also alleged that
concerned is likely to rise due to the saturation in the Asian
market. All this can lead to a redirection of exports from other
third countries to the Community.

In addition, the applicant alleges that the removal of injury
caused by Malaysian imports is mainly due to the existence
of measures and that any recurrence of substantial imports at
dumped prices from the country concerned would likely lead
to a recurrence of further injury of the Community industry
should measures be allowed to lapse.

5. Procedure

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.

4. Grounds for the review

(a) Sampling

is based on the grounds that

The request
measures would be likely to result
dumping and injury to the Community industry.

the expiry of
in a recurrence of

With regard to the recurrence of dumping it is also alleged that
the exports to other third countries, i.e. the United States of
America, South Korea, are made at dumped prices. It is also
alleged that, since certain Malaysian companies have been
found to continue to dump during the period of imposition
of measures, dumping would in all likelihood recur if measures
were allowed to lapse.

The applicant further alleges the likelihood of further injurious
dumping. In this respect the applicant presents evidence that,
should measures be allowed to lapse, the current import level
of
the product concerned is likely to increase due to the
existence of unused capacity in the country concerned.

(1) OJ C 248, 6.9.2001, p. 2.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 257, 11.10.2000, p. 2.
(4) OJ L 145, 5.6.1997, p. 1.
(5) OJ L 238, 22.9.2000, p. 1.

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 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,
and non-confidential
form, on their company or companies within the
time limit set in paragraph 6(b)(i) of this notice:

in confidential

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

and/or telex numbers and contact person,

— the total turnover in euro of the company during

the period 1 April 2001 to 31 March 2002,

6.6.2002

EN

Official Journal of the European Communities

C 135/11

— the total number of employees,

review, and to the authorities of the exporting country
concerned.

— 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 April 2001 to 31 March
2002 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

the

of whether

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

company

(ii) Final selection of the sample

interested parties wishing to submit any relevant
All
information regarding the selection of
the sample
must do so within the time limit set in paragraph
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.

Companies included in the sample must reply to a
questionnaire within the time limit set in paragraph
6(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,

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 questionnaire
within the time limit set in paragraph 6(a)(i), given that the
time limit set in paragraph 6(a)(ii) of this notice applies to
all interested parties.

(c) Collection of information and holding of hearings

submit
to
and

information other

All interested parties are hereby invited to make their views
than questionnaire
known,
This
replies
provide
information and supporting evidence must
reach the
Commission within the time limit set in paragraph 6(a)(ii)
of this notice.

supporting

evidence.

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 paragraph
6(a)(iii) of this notice.

5.2. Procedure for the assessment of Community interest

For

this

their

industry,

they prove that

the Community

link between their

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
interest.
against
reason the
Community
representative
importers,
associations, representative users and representative consumer
organisations, provided that
there is an
and the product
objective
concerned, may, within the general
in
paragraph 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 paragraph
6(a)(iii) of this notice. It should be noted that any information
to Article 21 will only be taken into
submitted pursuant
account
the time of
submission.

if supported by factual evidence at

activity

limits

time

set

(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 exporters/producers
in Malaysia to any association of exporters/producers, to
the sampled importers,
importers
named in the request or which cooperated in the investi-
to the present
gation leading to the measures subject

to any association of

(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).

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire or other claim

forms

interested parties who did not cooperate in the
All
investigation leading to the measures subject to the
present
review should request a questionnaire or
other claim forms as soon as possible, but not later
than 15 days after the publication of this notice in the
Official Journal of the European Communities.

C 135/12

EN

Official Journal of the European Communities

6.6.2002

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

tionnaire replies and any other information

(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.

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.

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

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:

(iii) Hearings

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

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

(b) Specific time limit in respect of sampling

8. Non-cooperation

(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

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.