Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of sacks and bags made of polyethylene or polypropylene originating in the People's Republic of China, India, Indonesia and Thailand
Date: 2002-10-09
Institutions: European Commission
Subjects: China, India, Indonesia, Thailand, anti-dumping duty, anti-dumping legislation, import, packaging product, plastics

C 243/10

EN

Official Journal of the European Communities

9.10.2002

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
sacks and bags made of polyethylene or polypropylene originating in the People's Republic of
China, India, Indonesia and Thailand

(2002/C 243/05)

Following the publication of the notices of impending expiry (1)
of the anti-dumping measures in force on imports of sacks and
bags made of polyethylene or polypropylene (also known as
woven polyolefin sacks and bags) originating in the People's
Republic of China, India, Indonesia and Thailand, (‘countries
concerned’),
for a
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 8 July 2002 by the European
Association for Textile Polyolefins (EATP) (‘the applicant’) on
behalf of producers representing a major proportion,
in this
case more than 40 %, of the total Community production of
sacks and bags made of polyethylene or polypropylene.

2. Product

The product under review is woven sacks and bags of a kind
used for packaging of goods, not knitted or crocheted, obtained
from polyethylene or polypropylene strip or the like, of woven
fabrics weighing 120 g/m2 or less and originating in the
Indonesia and Thailand
People's Republic of China,
classifiable within
concerned’),
(‘the
CN
ex 3923 21 00,
6305 32 81,
ex 3923 29 10 and ex 3923 29 90. These CN codes are
given only for information.

India,
currently
6305 33 91,

product
codes

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 2003/97 (4)
and Council Regulation (EC) No 1950/97 (5) as last amended
by Regulation (EC) No 1763/2002 (6).

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 or
recurrence of dumping and injury to the Community industry.

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China, India
and Indonesia have continued to enter the Community in
significant quantities and at dumped prices. The allegation of
continuation of dumping in respect of India and Indonesia is

(1) OJ C 10, 12.1.2002, p. 2 and OJ C 16, 19.1.2002, p. 2.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 257, 11.10.2000, p. 2.
(4) OJ L 284, 16.10.1997, p. 1.
(5) OJ L 276, 9.10.1997, p. 1.
(6) OJ L 267, 4.10.2002, p. 1.

based on a comparison of a constructed normal value with the
export prices of the product concerned to the Community.

In view of the provisions of Article 2(7) of the Basic Regu-
lation,
the applicant has established normal value for the
People's Republic of China on the basis of a constructed
normal value in an appropriate market economy country,
which is mentioned in point 5(1)(d) of this notice. The alle-
gation of continuation of dumping is based on a comparison of
normal value, as set out in the proceeding sentence, with the
export prices of the product concerned when sold for export to
the Community.

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

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

Concerning injury aspects, it is alleged that the volumes and
the prices of the imported product concerned have continued,
among other consequences, to have a negative impact on the
market share held, the quantities sold and the level of prices
charged by the Community industry, resulting in substantial
adverse effects on the overall performance and the financial
situation of the Community industry.

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
the product concerned is likely to increase due to the
of
potential of
the exporting
the manufacturing facilities of
producers in the countries concerned and the existence of well-
established distribution channels in the Community for these
imports.

the applicant alleges that

the
In addition,
Community industry is fragile and that any further substantial
increase of
imports at dumped prices from the countries
concerned would be likely to cause even further injury of the
Community industry should measures be allowed to lapse.

the situation of

Furthermore, Regulation (EC) No 1763/2002 has shown that
imports of the product concerned originating in India are still
made at dumped prices.

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EN

Official Journal of the European Communities

C 243/11

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.

(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 the People's

Republic of China, India, 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 providing
and
the
following
or
non-confidential
companies within the time limit set in point 6(b)(i)
of this notice:

confidential
company

information
form on

in
their

— 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

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-
the exporting countries, and any known
orities of
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 6(b)(i) of this notice:

— 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 October 2001 to 30 September 2002,

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

and/or telex numbers and contact person,

— the total number of employees,

— the turnover in local currency and the volume in
units and tonnes of the product concerned sold for
export
to the Community during the period 1
October 2001 to 30 September 2002,

— the turnover in local currency and the sales volume
in units and tonnes for the product concerned on
the domestic market during the period 1 October
2001 to 30 September 2002 (this information
must not be provided by companies
in the
People's Republic of China),

— the precise activities of the company with regard to

the production of the product concerned,

— 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,

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

— the precise activities of the company with regard to

the product concerned,

— the volume in units and tonnes and value in euro
of imports into and resales made in the Community
market during the period 1 October 2001 to 30
September
product
concerned originating in the People's Republic of
China, India, Indonesia and Thailand,

imported

2002

the

of

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

companies (1)
selling of the product 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

C 243/12

EN

Official Journal of the European Communities

9.10.2002

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

the sample of

importers,

(iii) Final selection of the samples

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)(ii) 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
in point
6(b)(iii) of this notice and must cooperate within the
framework of the investigation.

set

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,

(b) Questionnaires

in the People's Republic of China,

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
India,
Indonesia and Thailand, 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
countries concerned.

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 point 6(a)(i), given that the time
limit set
this notice 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.

(d) Selection of the market economy country

In the previous investigation, Turkey was used as an appro-
priate market economy country for the purpose of estab-
lishing normal value in respect of the People's Republic of
China. The Commission envisages to use Turkey again for
this purpose.
Interested parties are hereby invited to
comment on the appropriateness of this country within
the specific time limit set in point 6(c) of this notice.

5.2. Procedure for the assessment of Community interest

For

this

their

industry,

the Community

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
the
interest.
against
reason,
Community
representative
importers,
associations, representative users and representative consumer
organisations, provided that
there is an
objective
and the product
concerned, may, within the general time limits set in point
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 point 6(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

6. 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.
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.

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Official Journal of the European Communities

C 243/13

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

(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) The information specified in points 5(1)(a)(i) and
5(1)(a)(ii) 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 to consult parties concerned
that have expressed their willingness to be included in
the sample on its final selection within a period of 21
days of the publication of this notice in the Official
Journal of the European Communities.

(ii) All other information relevant for the selection of the
sample as referred to in point 5(1)(a)(iii) must reach the
Commission within a period of 21 days of the publi-
cation of
the
European Communities.

this notice in the Official

Journal of

(iii) 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.

is envisaged as a market-economy
5(1)(d) of this notice,
country for the purpose of establishing normal value in
respect of People's Republic of China. These comments
must reach the Commission within 10 days of the date
of publication of this notice in the Official Journal of the
European Communities.

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
Office: J 79 5/16
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.

(c) Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the
appropriateness of Turkey which, as mentioned in point

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.