Council Regulation (EC) No 2093/2002 of 26 November 2002 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of polyester textured filament yarn (PTY) originating in India
Date: 2002-11-26
Institutions: Council of the European Union
Subjects: India, anti-dumping duty, import, originating product, plastics, textile fibre

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2093/2002

of 26 November 2002

imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed
on imports of polyester textured filament yarn (PTY) originating in India

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped
imports from countries not members of the European Community (1), and in particular Article 9 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

A. PROVISIONAL MEASURES

The Commission, by Regulation (EC) No 1412/2002 (2) (the provisional Regulation)
imposed a
provisional anti-dumping duty on imports into the Community of polyester textured filament yarn
(hereinafter PTY) originating in India.

Simultaneously, the Commission also imposed, by Regulation (EC) No 1411/2002 (3), a provisional
countervailing duty on the imports of PTY originating in India.

It is recalled that the investigation period of dumping and injury covered the period from 1 October
2000 to 30 September 2001 (IP). A clerical error was found in the provisional Regulation, and it is
confirmed that, as showed in the various tables below, the examination of trends relevant for the
injury analysis covered the period from 1 January 1996 (and not 1 October 1997 as stated in the
provisional Regulation) to the end of the IP (period under consideration). The choice of such period
was made in view of analysing the overall evolution of the economic situation of the Community
industry considering the impact of the imposition of anti-dumping measures in 1996 against Indo-
nesia, Malaysia, Taiwan and Thailand.

B. SUBSEQUENT PROCEDURE

Following the imposition of a provisional anti-dumping duty on imports of PTY originating in India,
some interested parties submitted comments in writing. The parties who so requested were also
granted an opportunity to be heard orally.

The Commission continued to seek and verify all information it deemed necessary for its definitive
findings.

All parties were informed of the essential facts and considerations on the basis of which it was
intended to recommend the imposition of a definitive anti-dumping duty and the definitive collec-
tion of amounts secured by way of the provisional duty. They were also granted a period within
which they could make representations subsequent to this disclosure.

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).
(2) OJ L 205, 2.8.2002, p. 50.
(3) OJ L 205, 2.8.2002, p. 26.

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(7)

(8)

(9)

(10)

(11)

(12)

(13)

In addition to the verification visits that were already carried out by the Commission at the provi-
sional stage, the company Unifi Textured yarns Ltd, a Community producer of PTY located in
Ireland, was also visited after the imposition of the provisional measures.

The oral and written comments submitted by the parties were considered, and, where appropriate,
the provisional findings have been modified accordingly.

C. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT

The Indian exporting producers claimed that the Commission, in its analysis, did not take into
consideration the existence of three different market segments for PTY in the Community, which is
allegedly evidenced by the significantly different levels of the average sales prices for PTY originating
in India, in other third countries and PTY produced by the Community industry. This was, according
to these exporting producers, confirmed by the fact that the Community industry's average price
during the IP was more than 50 % higher than the Indian import price, which allegedly gives an
indication that PTY produced in the Community is not alike in all respects to PTY originating in
India.

It should be recalled that it was provisionally established that no significant differences exist in the
basic physical characteristics and uses of the different types and qualities of PTY, and that, under
these circumstances, all types of PTY should be considered as one single product for the purposes of
this proceeding. It was also provisionally concluded that the PTY produced in India and exported to
the Community shares similar basic physical characteristics and uses as compared with that manu-
factured by the Community producers, which should therefore be considered as a like product
within the meaning of Article 1(4) of Regulation (EC) No 384/96 (the basic Regulation). In this
respect, differences in sales prices cannot by themselves be considered a criterion for the determina-
tion of the like product.

In addition, as concerns the argument of market segmentation, no evidence was brought forward or
found for a clear dividing line based on objective criteria which could have supported the conclusion
that imports from India and the product produced by the Community industry are different
products. The sales price as such is not considered a sufficient element for establishing market
segments, particularly in view of the dumping and subsidisation practices. As to the difference in
product types found, which indeed involve different pricing elements, this is taken into account in
the undercutting and injury elimination level calculations as explained below under recital 48 of this
Regulation.

For the above reasons, the argument was rejected and the conclusions that PTY should be considered
one single product and the overall analysis be made at this level were accordingly confirmed.

In the absence of any further comments, the definition of the product under consideration and of
the like product as set out in recitals 11 to 13 of the provisional Regulation are confirmed.

D. SAMPLING

(14) No comments concerning the sampling of Indian exporting producers were received and, therefore,
the conclusions set out in recitals 14 to 23 of the provisional Regulation are hereby confirmed.

E. DUMPING

1. Normal value

(15)

Following the adoption of provisional measures, the three investigated Indian exporting producers
contested, for different reasons, the findings for the determination of cost of production and selling,
general and administrative (SG&A) expenses used in the ordinary course of trade test and for the
calculation of normal value.

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(16) One exporting producer alleged that certain clerical errors had incurred concerning the consumption
ratio and occasional double-counting of individual raw materials which affected the cost of produc-
tion of the product concerned.

(17)

(18)

This claim was partly rejected in view of the failure of the exporting producer to submit the relevant
information for certain raw materials in good time in order to be verified. Some information was
only received following the verification visit. Furthermore and in any event, the Commission based
its determination on information submitted prior to the on-spot verification.

The same exporting producer argued that it had duly provided the SG&A details for the product
the Commission overstated these expenses because certain ‘establishment
concerned but still
expenses’ (i.e. administrative expenses), as mentioned in the company's Annual Report, and included
in the SG&A, in fact concerned the manufacturing expenses. Also the exporting producer claimed
that the foreign exchange profits have been disregarded in the computation of the SG&A expenses.

(19) Article 2(5) of the basic Regulation provides that ‘(…) Consideration shall be given to evidence
submitted on the proper allocation of costs, provided that it is shown that such allocations have
been historically utilised.’ For the computation of SG&A expenses, the Commission based itself on
the audited information included in the Annual Report of the company since the latter had only
partially completed the relevant parts of the questionnaire. Therefore, no information was available
which could allow the consideration of a different allocation. The establishment expenses in the
Annual Report formed part of an account grouping which was distinct and separate from the manu-
facturing expenses. Therefore, it was concluded that all these establishment expenses have not been
incorporated in the cost of manufacturing reported by the company and that they should be incor-
porated in the SG&A expenses. As far as the foreign exchange profits are concerned, this amount
was included in the manufacturing expenses of the Annual Report of the company. It was, therefore,
concluded that this amount was already incorporated in the cost of manufacturing reported by the
company. Consequently, this claim was rejected and the original calculation with regard to this
point is hereby confirmed.

(20) Another exporting producer requested a different method of allocation for the financing costs
included in the SG&A expenses. The exporting producer argued that while for working capital turn-
over was the appropriate method of allocation, in the case of term loans which were taken as an
investment for production facilities, the most appropriate method for allocation would be the
production of the respective products. Furthermore, it argued that in view of the chain of successive
products produced in the same facilities, due account should be taken to avoid double-counting.

(21)

The first claim, as to the method of calculation, was accepted because it was shown that it was
indeed more appropriate for these costs. The SG&A expenses were therefore revised before being
used in the ordinary course of trade test and in the construction of normal value. As to the second
claim, it had to be rejected since the information verified during the on-spot verification did not
point to any double-counting and therefore such a claim could not be substantiated.

(22) All exporting producers argued that it was not proper to include in domestic selling expenses an

amount for ocean freight because no such freight expenses were incurred.

(23)

This claim was accepted and the SG&A expenses were revised before being used in the ordinary
course of trade test and in the construction of normal value.

(24) Another exporting producer claimed: (1) that the Commission had double-counted and thereby pro
rata increased financial costs within the SG&A expenses; (2) that the Commission departed from the
product or domestic market-wide SG&A expenses allocation and resorted to division-wide SG&A
expenses, thus including products other than the product concerned in the allocation; (3) that the

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Commission departed from the IP and resorted to the last financial year ending within the IP both
for the cost of manufacturing and the SG&A expenses calculation; and (4) that the Commission
grouped certain product types and thus departed from its own product control numbers used to
ensure a fair comparison.

(25) As far as the first point is concerned, the claim was accepted and therefore the SG&A expenses
regarding these costs were modified. As far as the second point is concerned, the provision of Article
2(5) of the basic Regulation as mentioned in recital 19 is again recalled. During the on-spot verifica-
tion no records were brought to the attention of the Commission demonstrating that the company
had historically utilised a product or market-wide allocation of costs. Therefore, this claim was
rejected and the division-wide allocation of SG&A expenses was confirmed. As for the third point
and with regard to the SG&A expenses, the claim was partly accepted and the Commission having
received audited information concerning the most recent financial year which comprised the second
half of the IP proceeded to a new calculation of these expenses incorporating the latest relevant
information available. As far as the cost of manufacturing is concerned, this claim was rejected
because the Commission's calculation was based on the total production of the intermediate product
while the exporting producer had provided data regarding only a part of the total production. There-
fore, it was considered that the Commission's calculation derived from a more representative basis
encompassing all production. As to the fourth point, the claim was rejected because no grouping of
different product types outside the scope of the product control numbers used to ensure a fair
comparison had been carried out by the Commission. Only groupings of certain types of an inter-
mediate product used for the production of the product under investigation were made in accor-
dance with a table provided by the exporting producer itself in order to calculate the cost of produc-
tion used in the ordinary course of trade test and the construction of normal value.

2. Export price

(26) No claims were made concerning the determination of the export price. On this basis, the findings

set in recital 32 of the provisional Regulation are confirmed.

3. Comparison

(i) Duty drawback under Duty Entitlement Passbook (DEPB)

(27) All Indian exporting producers reiterated their claim that the adjustment requested pursuant to
Article 2(10)(b) or alternatively under Article 2(10)(k) of the basic Regulation on the normal value
for the benefits received under the DEPB scheme on a post-export basis should have been granted
(recital 34 of the provisional Regulation).

(28)

It should be borne in mind that Article 2(10) chapeau refers to ‘… due allowance, [t]o be made in
each case, on its merits, for differences in factors which are claimed, and demonstrated, to affect
price comparability …’. Pursuant to Article 2(10)(b) of the basic Regulation an adjustment is granted
provided two conditions are met cumulatively: first, import charges are borne by the like product
and by materials physically incorporated therein when intended for consumption in the exporting
country and second, these import charges are refunded or not collected when the product is
exported to the Community. These conditions provide the basis on which any difference affecting
price comparability shall be established for the factors in question. As at the provisional stage, no
conclusive evidence was found with regard to the first requirement. Consequently, an adjustment for
duty drawback could not be granted. Pursuant to Article 2(10)(k) ‘an adjustment may also be made
for differences in other factors … if it is demonstrated that they affect price comparability as
required under this paragraph, in particular that customers consistently pay different prices on the
domestic market because of the difference in such factors.’ In the current case, none of the above-
mentioned requirements were demonstrated since the exporting producers did not produce any
conclusive evidence that would substantiate their claim. Therefore, an adjustment for differences in
other factors could not be granted either and the findings set out in recital 34 of the provisional
Regulation are hereby confirmed.

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(ii) Duty drawback under Advance License Scheme (ALS)

(29)

(30)

Two Indian exporting producers reiterated their claim that the adjustment requested pursuant to
Article 2(10)(b) or alternatively under Article 2(10)(k) of the basic Regulation on the normal value
for the benefits received under the ALS scheme should have been granted (recital 34 of the provi-
sional Regulation). Furthermore, both exporting producers argued that in the context of the parallel
anti-subsidy proceeding, the Commission had investigated in greater detail and accepted the said
scheme as non-countervailable. Therefore, and in order to remedy this alleged contradiction between
the two proceedings, the said allowance should have been granted. The exporting producers addi-
tionally argued that the requirement to demonstrate that the input raw materials for production in
the exporting country contain a duty component imposed an undue burden of proof.

It is recalled that each anti-dumping proceeding is assessed on its own merits and is examined on
the basis of its own factual and legal circumstances which may differ from all other proceedings.
Therefore, the argument regarding the parallelism between two different proceedings was considered
irrelevant. In any event, in recital 66 of Commission's Regulation (EC) No 1411/2002, it was stated
that ‘… both schemes (Advance Licence and Advance Licence for intermediate supply) can be
considered countervailable. However, the investigated companies were able to demonstrate that the
quantities of imported materials, which were exempted from import duties, did not exceed the quan-
tities used for the exported goods.’ This quotation, however, only set out a general principle. In this
respect, the requirements of Article 2(10) chapeau, 2(10)(b) and 2(10)(k) of the basic Regulation as
stated in recital 28 are recalled. Again as in the case of the provisional Regulation, the requirements
of the basic Regulation were not demonstrated since the exporting producers did not produce any
conclusive evidence that would substantiate the full amounts of their respective claims. It is also
noted that to require the exporting producers to demonstrate that the input raw materials for
production in the exporting country contain a duty component did not impose an undue burden of
proof. At the time of adoption of the provisional measures due allowance was granted for such
charges when substantiated by the accounting records of the exporting producers; otherwise the
claims were rejected. This indicated that the companies were in a position to demonstrate as
requested in the questionnaire the existence of any import charges borne by the like product and by
materials physically incorporated therein, when indented for consumption in India. Consequently
and for the reasons stated in recital 28, an adjustment for duty drawback could not be granted and
the findings set out in recital 34 of the provisional Regulation are confirmed.

(iii) Excise duty

(31) One exporting producer reiterated its claim for an adjustment pursuant to Article 2(10)(b) for an
amount corresponding to an indirect tax borne by the like product when intended for consumption
in India and refunded in respect of the product exported to the Community.

(32) At the time of the adoption of the provisional measures, it was found that the company was indeed
refunded excise duty upon export of the product concerned. However, since the company had failed
to demonstrate that the full amount of this indirect tax was refunded, the claim had been adjusted
downwards. Following the adoption of the provisional measures, the exporting producer in question
submitted, as requested by the Commission, further supplementary information and documentation
to substantiate the claim which was verified. In the context of the present case, this information was
considered conclusive and therefore the full amount of the claim was granted. Consequently, the
findings set out in recital 35 of the provisional Regulation were modified.

(iv) Sales tax

(33) Another exporting producer reiterated its claim that as a result of the Indian Government's policy to
encourage the setting up of plants in less developed areas, companies were exempted from the
payment of sales tax and requested an adjustment to be granted to that effect. The information
submitted and the on-spot verification showed that all domestic sales invoices stated that the
exporting producer in question was exempt from the payment of this tax, which was not recovered

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it was not demonstrated that the company collected on
separately in the invoices. Therefore,
domestic sales and deposited with the Government treasury the said tax and no such sales tax was
‘borne by the like product’ sold in the domestic market. Consequently, the findings set out in recital
36 of the provisional Regulation are confirmed.

(v) Level of trade

(34) One Indian exporting producer reiterated its claim for an adjustment for differences in the level of
trade between sales of the product concerned on the domestic and export markets (recital 37 of the
provisional Regulation).

(35) However, the information submitted in the questionnaire reply and during the on-spot verification
visit indicated that there were no consistent and distinct differences in functions and prices for the
different levels of trade in the domestic market of India. No new information was submitted. Conse-
quently the findings set out in recital 37 of the provisional Regulation are confirmed.

4. Dumping margin

(36)

(37)

In the absence of any comments or new information, the methodology set out in recitals 39 to 44
of the provisional Regulation is confirmed.

The comparison of the revised weighted average normal value with the weighted average export
price by product type on an ex-factory basis showed the existence of dumping for all investigated
exporting producers. The weighted average dumping margin calculated for the cooperating compa-
nies not included in the sample was also revised pursuant to Article 9(6) of the basic Regulation.
The revised calculations have also affected the residual dumping margin. In view of the high level of
cooperation the residual dumping margin is set at the level of the highest dumping margin estab-
lished for a cooperating exporting producer.

(38)

The definitive dumping margins as a percentage of the cif import price duty unpaid are as follows:

Indo Rama Synthetics Limited

Reliance Industries Limited

Welspum Syntex Limited

Cooperating exporting producers not in the sample

Residual dumping margin

10,7 %,

6,1 %,

17,0 %,

8,9 %,

17,0 %.

F. COMMUNITY INDUSTRY

(39)

(40)

Shortly after the imposition of the provisional measures, Dupont SA, one of the cooperating
Community producers included in the definition of the Community industry at the provisional stage,
definitively ceased the production of PTY in the Community, allegedly because of the low price
imports on the Community market. In view of the definitive nature of this event, it was no longer
considered appropriate to treat Dupont SA as being part of the Community industry. Consequently,
for the determination of the definitive findings, it was considered if the Community industry should
be defined as consisting of
two remaining cooperating Community producers, namely UNIFI
Textured yarns Ltd and Sinterama Spa.

Therefore it was verified whether these two companies still accounted for a major proportion of the
Community production as set out by Article 5(4) of the basic Regulation. It was found that the
cumulated production of the two remaining cooperating Community producers represented 30 % of
the total Community production of the like product in the Community during the IP. This is more
than the threshold of 25 % set out in the above mentioned article. Consequently these two compa-
nies constitute the Community industry in full accordance with Article 4(1) of the basic Regulation.

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(41)

(42)

The Indian exporting producers argued that the provisional injury analysis was based on the situa-
tion of a minor proportion of Community producers only. They based their allegation on the fact
that the complainant Community producers that actually cooperated in the investigation did not
represent a major proportion of Community production.

That argument is incorrect and was rejected since the two remaining companies represent more
than 25 % of the overall Community production. It is therefore confirmed that these two coop-
erating Community producers constitute the Community industry within the meaning of Article
4(1) and Article 5(4) of the basic Regulation.

G. INJURY

1. Community consumption

(43)

In the absence of any new information, the provisional findings concerning Community consump-
tion as described in recitals 54 to 55 of the provisional Regulation are confirmed. Throughout the
period under consideration Community consumption developed as follows:

1996

1997

1998

1999

2000

IP

EU consumption

285 640

341 660

369 031

353 376

360 176

339 352

1996 = 100

100

120

129

124

126

119

2. Imports from India

1996

1997

1998

1999

2000

IP

7 583

16 992

18 064

11 824

18 752

22 683

100

224

238

156

247

299

2,7 %

5,0 %

4,9 %

3,3 %

5,2 %

6,7 %

1,9

100

2,0

107

1,7

91

1,4

75

1,8

95

1,7

93

Indian imports

1996 = 100

Market shares

Prices

1996 = 1997

(44)

(45)

In absolute terms, the Indian import volume almost tripled during the period under consideration
from 7 583 tonnes in 1996 to 22 683 tonnes during the IP. It should be noted that in the period
1999 to IP, at a time when the overall Community consumption decreased, the Indian import
volume almost doubled.

The Indian imports increased their share of the Community market from 2,7 % in 1996 to 6,7 %
during the IP. In parallel to the rapid increase of the import volumes between 1999 and the IP, their
market share rose from 3,3 % to 6,7 %, while overall Community consumption decreased.

(46) As far as the average import price is concerned, it first increased in the period 1996 to 1997 and

then subsequently decreased. The lowest price level was reached in the year 1999.

(47)

(48)

In the absence of any comments concerning the volume and price of imports from India, the provi-
sional findings as described in recitals 56 to 58 of the provisional Regulation are confirmed.

Concerning price undercutting, in view of the above mentioned changes regarding the constitution
of the Community industry, the calculations have been revised. The methodology for the calculation
of the undercutting margins, as explained under recitals 59 and 61 of the provisional Regulation,
remained however unchanged. It is recalled that, for the purposes of analysing price undercutting,
prices for the different types of PTY originating in India were compared to prices for similar types
produced and sold by the Community Industry. A comparison of overall average prices, as suggested
by the Indian exporting producers, would not take into consideration the existence of the various
product types and lead to misleading results.

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(49) On this basis, the revised price undercutting margins, expressed as a percentage of the Community
industry's prices, ranged between 23 % and 28 % for the exporting producers who cooperated in the
investigation.

3. Situation of the Community industry

(50)

Following the abovementioned exclusion of one cooperating Community producer from the defini-
tion of the Community industry, the provisionally established injury indicators have been revised
accordingly. The data below show the evolution of the injury indicators during the period under
consideration pertaining to the two remaining cooperating Community producers. For confidenti-
ality reasons, since the Community industry only consists of two Community producers, the figures
have been indexed.

Production, production capacity and capacity utilisation (1996 = 100)

Production volume

Production capacity

Capacity utilisation

1996

1997

1998

1999

2000

100

100

100

112

110

101

117

116

101

112

118

95

122

130

94

IP

118

135

88

(51)

(52)

(53)

The Community industry's production volume increased by 18 % during the period under considera-
tion. It should be noted that the major increase took place between the years 1996 and 1998.
Thereafter the production volume followed an unsteady curve and reached, in the IP, a level compar-
able to the level it reached in 1998.

The production capacity was established on the basis of the theoretical maximum hourly output of
the machines installed, multiplied by the annual theoretical working hours, considering maintenance
and other similar production interruptions.

The increase of the production capacity developed in two steps. The first increase took place
between 1996 and 1998, i.e. an increase of 16 %. It is noted that the Community industry produc-
tion volume also increased to a comparable extent during that period, resulting in a stable and high
level of capacity utilisation. The second increase occurred between 1999 and the end of the IP, when
production capacity rose by around 14 %. During this period, the production level remained rela-
tively stable, which explains the decrease of the capacity utilisation rate.

Stocks (1996 = 100)

Stocks

100

62

10

5

25

1996

1997

1998

1999

2000

IP

72

(54)

The decrease of the level of stocks in the period 1996 to 1999 is explained by a significant increase
of sales volume, namely as compared to the production volume during the same period. Thereafter,
the level of stocks increased due to the significant decrease of sales volume while production slightly
increased.

Sales volume, market share and growth (1996 =100)

Sales volume

Market shares

1996

1997

1998

1999

2000

100

100

116

98

121

94

116

94

116

92

IP

106

89

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(55)

The Community industry's sales volume increased by 6 % during the period under consideration. It
reached a peak during the year 1998 (an increase of 21 % as compared to 1996) and then it
decreased by 13 % in the subsequent period.

(56) During the period 1996 to 1998, the Community industry's sales volume increased less significantly
as compared to the evolution of the overall consumption in the Community. Subsequently,
its
decrease was more marked than the decrease of the overall demand for PTY observed in the
Community between 1998 and the IP. This explains the fact
that market shares constantly
decreased.

(57)

(58)

The Indian exporting producers claimed that the Commission should have taken into account the
market share evolution of all Community producers during the period under consideration, and not
only the market share evolution of the Community industry. This would have shown an overall
increase in market share.

It should be noted that according to Article 3(1) of the basic Regulation, the determination of the
injury shall be taken to mean material injury to the Community industry. Therefore, the determina-
tion of injury is limited to the overall economic situation of the cooperating Community producers
constituting the Community industry as defined in recital 42. Besides this, the table in recital 86
shows that the market share of the other Community producers also decreased, to a significant
extent, during the period under consideration. In fact, the role of the other Community producers
has been evaluated in the context of the question of causation. The argument was therefore rejected.

Sales price (1996 = 100)

Average sales price

100

100

100

93

90

1996

1997

1998

1999

2000

IP

95

(59)

The average Community industry sales price remained stable between 1996 and 1998 and decreased
by 5 % during the subsequent period. It is recalled that such a comparison of prices for comparable
product types sold in the Community market during the IP established margins of undercutting of
23 % to 28 %.

Profitability (1996 = 100)

Profitability

100

125

106

40

- 223

- 254

1996

1997

1998

1999

2000

IP

(60)

The Community industry's profitability expressed in terms of return on net sales in the Community
market fell sharply over the period under consideration from a positive level in 1996 to a significant
negative level during the IP.

Investments and ability to raise capital (1996 = 100)

Investments

100

59

183

90

69

1996

1997

1998

1999

2000

IP

18

(61)

The level of the investments was especially high in the years 1996 and 1998, and is to be related to
the increase of production capacity. During the IP, the investments were extremely limited in
comparison to these years.

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(62)

The Community industry's ability to raise capital, either from external providers of finance or parent
companies, was not seriously affected at the beginning of the period under consideration. However,
having regard to the level of losses in the IP, the ability to raise capital was seriously jeopardised in
the IP.

Return on investments (1996 = 100)

Return on assets

100

170

130

25

- 5

1996

1997

1998

1999

2000

IP

- 45

(63)

(64)

(65)

(66)

The return on net assets (expressing the profitability as a percentage of the total assets of the
Community industry) was considered in this case an adequate indicator.

The evolution of the return on net assets was consistent with the profitability figures and showed a
clear deterioration of the financial situation of the Community industry, especially subsequently to
the year 1998.

The Indian exporting producers questioned the level of the return on assets on the basis of the
respective price development of PTY and of the main raw material used to produce PTY (namely
POY). It was argued that the average PTY sales price increased more than the purchase price of POY
and should therefore result in a positive development of the return on assets.

It should firstly be noted that in the period 1999 to IP the average price of PTY and POY developed
similarly. Secondly, consideration should be taken of the other elements of cost, i.e. other materials
used as well as the cost of manufacturing. All these elements have been verified and taken into
account for the establishment of the profitability and the return on investments in the period under
consideration. The evolution of the value of the assets should also be considered in this respect. The
argument was therefore rejected.

Cash flow (1996 = 100)

Cash flow

100

163

67

195

72

1996

1997

1998

1999

2000

IP

43

(67)

The figures concerning the cash-flow confirmed the deterioration of the financial situation of the
Community industry. It however remained positive throughout the period under consideration and
reached a peak in 1999. This peak mainly relates to the cash inflows in 1999 of the significant
number of sales transactions recorded in the year 1998 which were actually cashed in 1999.

Employment, wages and productivity (1996 = 100)

Employees

Wages

Productivity

1996

1997

1998

1999

2000

100

100

100

106

117

105

120

125

98

129

142

87

131

141

93

IP

123

145

95

(68)

The number of employees increased by 23 % over the period under consideration. Employment
costs increased by 45 % over the same period.

(69)

Productivity decreased by 5 % during the period under consideration.

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Recovery from past dumping

(70)

In the period 1996 to 1998, the financial results of the Community industry were satisfactory
showing that it had, at least partially, recovered from the impact of the dumped imports originating
in third countries and for which anti-dumping measures have been imposed in 1996. Thereafter,
between 1999 and the IP, in view of the increase of Indian dumped imports, the situation of the
Community industry became precarious again.

Actual margins of dumping

(71)

The definitive margins of dumping are clearly significant. Given the volume and the price of the
dumped imports, the impact of these margins of dumping cannot be considered negligible.

4. Conclusion on injury

(72)

The provisional conclusion that the Community industry suffered material
injury during the IP
within the meaning of Article 3 of the basic Regulation is hereby confirmed. The precarious situa-
tion of the Community industry became apparent in the period subsequent to the year 1998.
Indeed, between 1996 and 1998 the Community industry production volume increased (+ 17 %)
and capacity utilisation rate was high, sales volume also increased (+ 21 %) while sales prices
remained stable and the industry was still profitable (in terms of return on net turnover, return on
total assets and cash flow position). Consequently the Community industry was in a position to
increase its investments, number of employees and the cash flow remained favourable during this
period. This positive development is explained by the combined positive effect of the introduction
of anti-dumping measures against Indonesia, Thailand, Taiwan and Malaysia, restoring fair trade on
the Community market, and by the expansion of the Community consumption of PTY.

(73) After the year 1998, the situation of the Community industry started to significantly deteriorate.
Even if the production volume remained stable, the production capacity utilisation decreased by
seven percentage points, the sales volume decreased by 13 %, while sales prices also decreased by
5 %. Consequently the Community industry started to incur significant losses and the level of invest-
ments was also affected.

(74)

The Indian exporting producers argued that some of the above detailed injury indicators developed
positively during the period under consideration and accordingly did not point towards injury.

(75)

It should firstly be noted that, as per Article 3(5) of the basic Regulation, none of the economic
factors listed in this article necessarily give decisive guidance as to whether the Community industry
suffers material injury. More importantly, while it is true that the economic situation of the Commu-
nity industry improved in the period 1996 to 1998, the figures and above conclusions clearly show,
in the subsequent period, a strong deterioration of the situation of the Community industry and
material injury being suffered by the Community industry in the IP. The argument was therefore
injury,
rejected and the above conclusions,
confirmed.

i.e. that the Community industry suffered material

H. CAUSATION

1. Introduction

(76)

In accordance with Article 3(6) of the basic Regulation, it was reexamined whether the material
injury suffered by the Community industry, as defined in recital 42, had been caused by the dumped
imports from India. In accordance with Article 3(7) of the basic Regulation, the Commission also
reexamined other known factors which might have injured the Community industry in order to
ensure that any injury caused by those factors was not wrongly attributed to the dumped imports.

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2. Effect of the dumped imports

(77)

(78)

(79)

(80)

Between 1996 and the IP, the volume of imports originating in India tripled from 7 583 tonnes to
22 683 tonnes. They increased in two steps: a first time between 1996 and 1998, raising by 138 %,
and then in the period from 1999 to IP, raising by 92 %, from 11 824 tonnes to 22 683 tonnes, i.e.
an increase of around 10 800 tonnes. It should be noted that, while the first increase took place
while the Community market was still expanding, the second one occurred at a time when the
Community consumption faced a significant downturn (– 14 000 tonnes). During the same period,
i.e. from 1999 to the IP, the Community industry's sales volume decreased by around 13 %.

The same can be observed in relative terms. The Indian market share increased from 2,7 % in 1996
to 6,7 % in the IP. This raise occurred in two phases: between 1996 and 1998, from 2,7 % to 4,9 %,
and between 1999 and the IP, from 3,3 % to 6,7 %.

In the year 1999, the Indian import price reached the low level of EUR 1,4 per tonne on average, a
decrease of around 17 % as compared to the previous year and of 26 % as compared to 1996. By
means of this low price policy they were in a position to increase their sales volume and regain their
lost market shares in 2000 and the IP. The prices then reached their 1998 level, but were still on
average lower than their level in the years 1996 and 1997.

It should be recalled that, during the IP, significant undercutting margins have been established,
ranging between 23 % and 28 %. This clearly shows the strong price pressure exerted by the Indian
imports during the IP. Indeed, with a market share of 6,7 % during the IP, such a level of price
undercutting certainly had a significant negative impact on this transparent and depressed Commu-
nity market, and for a product which is extremely price sensitive.

(81) At the same time, the Community industry experienced a market share decrease of around one
percentage point between 1996 and 1998, and of another percentage point between 1999 and the
IP. This decrease should be seen in the light of the Community industry price developments. It
indeed had to lower its prices by 7 % in the year 1999 as compared to 1998, in order to maintain
its position on the market. It should be recalled that during the same year, the Indian import prices
decreased by 17 %. Thereafter, the Community industry price remained relatively stable at a level,
however, which was not sufficient to maintain a positive financial situation. Unlike the Indians, the
Community industry was not in a position to improve its average sales price in the Community in
the period 2000 to IP.

(82)

In the period 1996 to 1998, in spite of increasing Indian imports, the Community industry devel-
oped favourably since fair trade, on an expanding Community market, was restored following the
imposition of anti-dumping duties on imports of PTY originating in various countries (see
following). From 1999 onwards, however, the financial situation of the Community industry signifi-
cantly deteriorated. As explained above, the sales volume and prices started to decrease and the prof-
itability, return on investments as well as cash flow were seriously affected. This coincides with the
period when Indian prices significantly decreased and import volume started to significantly
increase, i.e. they doubled their import volume in the period 1999 to IP.

3. Effect of all other known factors

Imports originating in other third countries

(83)

Since no additional information or comments have been brought forward by any interested party,
the conclusion drawn in recital 91 of the provisional Regulation that the imports originating in
Indonesia and Taiwan, are also likely to have contributed to the injury suffered by the Community
industry during the IP is therefore confirmed.

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(84)

In this very transparent market, significant imports of low priced PTY from any country of origin
are likely to cause injury to the Community industry to a degree that can be considered material.
Should the impact of Indian imports be however quantified as compared to the impact of the
imports from Indonesia and Taiwan, one should consider the significant increase of Indian imports
in the period 1999 to IP, both in absolute and relative terms, as well as the Indian average import
price during the IP which was, on average, lower that the Indonesian and Taiwanese imports prices,
namely considering that these imports are partly subject to anti-dumping duties. Under these
circumstances, it can be concluded that the impact of the Indian imports was certainly not less
important than the impact of the Indonesian and Taiwanese imports, and that therefore there was a
genuine and substantial link between the imports from India and the precarious situation of the
Community industry.

(85) As to imports from remaining third countries, in absence of any comments, the provisional conclu-
sion that these imports cannot be considered as having had injurious effects on the Community
industry is also confirmed.

Other Community producers

(86)

The table below, based on information received by certain companies and contained in the
complaint, shows the evolution of sales volume and market share of the other Community produ-
cers.

Tonnes

134 366

144 831

150 544

136 097

142 797

131 924

1996

1997

1998

1999

2000

IP

Market share

47,0 %

42,4 %

40,8 %

38,5 %

39,6 %

38,9 %

(87)

From the above data, it can be seen that the other Community producers' sales volume of PTY in
the period 1996 to IP significantly decreased both in absolute and relative terms. In addition to this,
it should be recalled that a significant proportion of these other Community producers were actually
part of the original complainants. These companies were not in a position to fully cooperate to the
present investigation due to a lack of resources, but fully supported the proceeding and totally or
partially cooperated to other similar recent proceedings.

(88) Given the above, it is concluded that the other Community producers have not contributed to the

injury suffered by the Community industry during the IP.

Investments of the Community industry

(89)

Certain interested parties argued that the heavy investments made by the Community industry
during the period under consideration actually also caused a deterioration of its financial situation.

(90) As explained above, the investments made by the Community industry were related to an increase
of its production capacity. The first capacity increase was made at a time in which Community
consumption was expanding, between 1996 and 1998. Therefore,
the Community industry
increased its production volume and was in a position to increase the sales volume as well, in line
with the expansion of the Community market. In view of this positive development, the Community
industry expanded its production capacity a second time between 1999 and the IP. The increase
amounted to around 10 000 tonnes. This time, however, the Community industry could not
increase its production and sales volume in order to fill its newly installed capacity, and therefore
the capacity utilisation rate significantly decreased. As the PTY industry is capital intensive and that
fixed costs are accordingly significant, the decrease of the production and sales volume in the period
1999 to IP had a direct negative impact on the financial situation of the Community industry. It is
noted that the price for the main raw material remained stable in the same period.

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(91)

(92)

(93)

The capacity increase in the period 1999 to IP, therefore, indeed hat a negative impact on the finan-
cial situation of the Community industry. This occurred because it coincided wit a decrease of the
production and sales volume of the Community industry. The latter decrease, however, was caused
by the pressure on the Community market of the Indian imports of PTY. Even though the Commu-
nity consumption decreased by around 14 000 tonnes during the period 1999 to IP, the Indian
import volume of PTY increased by around 10 000 tonnes during the same period, through an
aggressive price behaviour. Indeed, Indian import prices of PTY were significantly undercutting the
Community industry prices during the IP and the relevant import volume increased to such an
extent that the Community industry was not able to increase, or even to limit its decreasing sales
and production volume and consequently limit the negative impact of the installed over-capacity.

It is considered that if the costs related to the investments, and therefore the increase of the installed
capacity, indeed had a negative impact on the financial situation of the Community industry in the
period 1999 to IP, this impact was however exacerbated by the fact that the Community industry
had to decrease its sales, production volume and sales prices. This was in turn due to the pressure of
the low prices of the Indian imports, the volume of which more than doubled in the same period,
when the overall Community consumption decreased.

It is therefore clear that in the absence of dumped imports from India, the Community industry
would have been able to maintain its sales prices at the level of 1998 and to increase its volume of
production and sales. This would also have led to economies of scale and, under fair trade circum-
stances, the Community industry would have been able to absorb most, if not all, additional fixed
costs related to its investments.

Contraction in demand

(94) Whilst Community consumption increased overall during the period under consideration,

it
decreased in the period 1999 to IP. Even thought this decreasing trend coincided with the decrease
of the Community industry sales volume, it should firstly be noted that the Community industry's
sales volume proportionally decreased more than the Community consumption. Secondly, during
the same period, imports originating in India more than doubled. Therefore, while it cannot be
excluded that this contraction in demand had an injurious effect on the situation of the Community
industry, this must be considered minor by comparison to the effects of the dumped imports.

Global economic downturn

(95)

(96)

The Indian exporting producers claimed that the Community industry has suffered injury due to the
world global economic downturn since the end of 2000, and that this should be taken into consid-
eration and quantified for the purpose of the causation analysis.

It should firstly be noted that the above analysis shows that the economic situation of the Commu-
nity industry already started to deteriorate before the end of the year 2000. Secondly, under a global
economic downturn, one could expect that all operators in the Community be similarly affected.
However, at a time when the market was down, the Indian exporting producers managed to signifi-
cantly increase their sales volume in the Community. As explained above, the Community industry
sales volume decreased proportionally more than the Community consumption. In addition, the
impact of the global downturn is already reflected in the above mentioned contraction in demand.

(97)

In view of the above, even if it can not be excluded that the economic downturn also had an impact
on the situation of the Community industry, it is concluded that, in comparison with the price
depressive impact of the dumped imports, it is of minor importance.

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Export performances of the Community industry

(98)

The Indian exporting producers argued that the loss of the Community industry's market share is
due to the fact that it has opted for export sales rather than domestic sales. The Community indus-
try's increase in export volume shows that it is competitive on markets where fair trade prevails. It
should also be recalled that while indeed the export volume quadrupled during the period under
consideration, it remained marginal when compared to the total sales of the Community industry.
Finally, it is noted that the profitability of the Community industry is established by reference to its
sales on the Community market only. In the absence of any further comments under these headings,
the provisional conclusions, under recitals 96 to 98 of the provisional Regulation are confirmed.

Price of raw material

(99) No comments have been received in this respect, and therefore the conclusions under recitals 93 to
95 of the provisional Regulation, that the price of the raw material of the Community industry can
not be responsible for the injury being suffered by the Community industry, are confirmed.

Other arguments raised by the interested parties

(100) The Indian exporting producers argued that the decrease of the production volume during the IP is
to be attributed to a deliberate shutdown of a plant of one of the two Community producers consti-
tuting the Community industry. The investigation, however, showed that there was no closure of a
plant during the IP. The producer in question confirmed that no plant shutdown took place and
argued that any reduction in their production volume during the IP was due to the effect of the
increase in low priced PTY on the Community market. The argument was therefore rejected.

4. Conclusion on causation

(101)

In conclusion, it is confirmed that the dumped imports have had injurious effects on the Commu-
nity industry, in particular in the period 1999 to IP, the situation of which is characterised by a
decreasing sales volume, depressed sales prices, loss of market share and significant deterioration of
the financial situation, notably in terms of profitability and return on investments. Indeed, during
the same period the Indian import volume significantly increased both in absolute and relative terms
at prices which were found to be significantly undercutting the Community industry price.

(102) The following other known factors were examined: imports originating in other third countries,
other Community producers sales, investments of the Community industry, contraction in demand,
global economic downturn, price of raw material and export performances of the Community
industry. It was found that some of these factors also have had an injurious effect on the situation
of the Community industry. The effect of these factors was worsened the significant negative effect
on the situation of the Community industry caused by the surge of imports originating in India,
which, taken in isolation, have also caused a material injury to the Community industry.

(103) Given the above analysis, which has properly distinguished and separated the effects of all the
known factors from each other and their effect on the situation of the Community industry from
the injurious effects of the dumped imports, and after having ensured that the injury caused by other
factors is not attributed to the dumped imports, it is hereby confirmed that these other factors as
such do not reverse the fact that there exists a genuine and substantial causal link between the
dumped imports and the material injury found.

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I. COMMUNITY INTEREST

(104)

In view of the events that took place after the determination of the provisional findings, i.e. the plant
shutdown of Dupont SA, it was reexamined whether, despite the conclusions on injurious dumping,
compelling reasons existed that could lead to the conclusion that it is not in the Community interest
to impose definitive anti-dumping measures.

1. Community industry and other Community producers

(105) As explained in the provisional Regulation, there is no reason to doubt the viability and the compe-
titiveness of the Community industry in a situation where normal market conditions apply. The facts
have showed, however, that in the absence of fair trade conditions, the existence of the Community
industry is seriously jeopardised. Indeed, unfair trade on the Community market already resulted in
the shutdown of Dupont SA, that could not survive the current depressed situation of the market.
Should measures not be imposed, it could not be excluded that other Community producers would
experience the same development.

(106)

It should be recalled that, despite the fact that only two Community producers were in a position to
cooperate to the investigation, the proceeding was fully supported by Community producers repre-
senting around 75 % of the Community production. As explained above, the other Community
producers also saw their market share and sales volume on the Community market eroding.

(107) The provisional conclusions that it would be in the interest of the Community industry and of the

other Community producers to impose measures, are therefore confirmed.

2. Importers

(108) No replies were received from any importer or trader at the provisional stage. In the provisional
Regulation it was concluded that the imposition of measures would not significantly affect their
situation.

(109)

In the absence of any further comments provided by interested parties after the imposition of the
provisional measures, the above conclusions are confirmed.

3. Suppliers of raw material

(110)

In the absence of any comments, the provisional conclusion that it is in the interest of the upstream
industry to impose measures is hereby confirmed.

4. Users

(111) At the provisional stage, only one user cooperated. In the absence of any comments or reactions
subsequent to the imposition of the provisional measures, the conclusion that the imposition of the
measures would not be prejudicial to the viability and competitiveness of the users is hereby
confirmed.

5. Conclusion

(112) Not imposing anti-dumping measures would seriously endanger the existence of the Community
industry and of the other Community producers. This is reinforced by the fact that, because of the
unfair trade conditions prevailing on the Community market, one Community producer recently
had to shutdown its plant in the Community.

(113) To the contrary, should definitive measures not be imposed, the continued decline in the profit-
ability of the Community industry observed during the period under consideration will be further
jeopardised with the risk of further PTY plant closures in the Community.

(114)

In view of the above, the Commission concluded that no compelling reasons exist not to impose
definitive anti-dumping measures.

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J. DEFINITIVE ANTI-DUMPING MEASURES

1. Injury elimination level

(115) Based on the methodology explained in recitals 122 to 125 of the provisional Regulation, an injury
elimination level was calculated for the purposes of establishing the level of measures to be defini-
tively imposed.

(116) The Indian exporting producers claimed that the level of profit used in order to calculate the non-
injurious price was arbitrarily chosen, because it was based on the highest profit margin observed
during the period under consideration.

(117)

It should be recalled that the level of profit considered for the calculation of the non-injurious price
should correspond to a level that the Community industry could reasonably expect to achieve in the
absence of injurious dumping. The year 1998 was considered a reasonable choice of reference since
it was deemed that, during that year, the imports from India had not yet had a depressing effect on
the Community industry's prices and that the imports from the other countries subject to measures
were already at a level similar to that prevailing in the IP. The fact that one Community producer
had to be excluded from the definition of the Community industry, and therefore new profitability
figures were established for the period under consideration, does not alter the provisional findings
that such an industry, in fair market conditions, could reasonably expect to reach a level of profit of
8 % in absence of dumped imports.

(118) Considering the above,

the methodology used for establishing the injury elimination level as

described in recitals 122 to 125 of the provisional Regulation was confirmed.

(119) As above in relation to price undercutting margins, the injury margins were likewise reviewed and

amended.

2. Definitive measures

(120)

In the light of the foregoing and in accordance with Article 9(4) of the basic Regulation, a definitive
anti-dumping duty should be imposed at the level of the dumping margins found, since they were
in all cases lower than the injury margins.

(121) However, with regard to the parallel anti-subsidy proceeding in respect of India, in accordance with
Article 24(1) of Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against
subsidised imports from countries not members of the European Community (1) (hereinafter ‘the
basic anti-subsidy Regulation’) and Article 14(1) of the basic Regulation, no product shall be subject
to both anti-dumping and countervailing duties for the purpose of dealing with one and the same
situation arising from dumping or export subsidisation. It is therefore necessary to determine
whether, and to what extent, the subsidy amounts and the dumping margins arise from the same
situation.

(122) A definitive countervailing duty corresponding to the amount of subsidy, which was found to be
lower than the injury margin in the case of all exporters, has been imposed by Council Regulation
(EC) No 2094/2002 (2). All subsidy schemes investigated which were found to be countervailable
constituted export subsidies within the meaning of Article 3(4)(a) of the basic anti-subsidy Regula-
tion. Therefore, the definitive dumping margins established for the cooperating exporting producers
in India are thus partly due to the existence of these export subsidies. In these circumstances, it is
not considered appropriate to impose both countervailing and anti-dumping duties to the full extent
of the relevant export subsidy amounts and dumping margins definitively established. Therefore, the
definitive anti-dumping duty should be adjusted to reflect the actual dumping margin remaining
after the imposition of the definitive countervailing duty offsetting the effect of the export subsidies.

(1) OJ L 288, 21.10.1997, p. 1.
(2) See page 21 of this Official Journal.

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(123) On the basis of the above, the definitive duties are as follows:

Company name

Dumping margin

Rate of definitive
countervailing duty of
export subsidies

Rate of definitive anti-
dumping duty

Indo Rama Synthetics Limited

Reliance Industries Limited

Welspun Syntex Limited

Cooperating companies not included in
the sample

All other companies

10,7 %

6,1 %

17,0 %

8,9 %

17,0 %

4,1 %

0 %

9,1 %

5,2 %

9,1 %

6,6 %

6,1 %

7,9 %

3,7 %

7,9 %

(124) The individual company anti-dumping duty rates specified in this Regulation were established on
the basis of the findings of the present investigation. Therefore, they reflect the situation found
during that investigation with respect to these companies. These duty rates (as opposed to the coun-
trywide duty applicable to ‘all other companies’) are thus exclusively applicable to imports of
products originating in the country concerned and produced by the companies and thus by the
specific legal entities mentioned. Imported products produced by any other company not specifically
mentioned in the operative part of this Regulation with its name and address, including entities
related to those specifically mentioned, cannot benefit from these rates and shall be subject to the
duty rate applicable to ‘all other companies’.

(125) Any claim requesting the application of these individual company anti-dumping duty rates (e.g.
following a change in the name of the entity or following the setting up of new production or sales
entities) should be addressed to the Commission (1) forthwith with all relevant information, in parti-
cular any modification in the company's activities linked to production, domestic and export sales
associated with e.g. that name change or that change in the production and sales entities. The
Commission, if appropriate, will, after consultation of the Advisory Committee, amend the Regula-
tion accordingly by updating the list of companies benefiting from individual duty rates.

(126) Since sampling has been used in the investigation of dumping, a new exporters' review pursuant to
Article 11(4) of the basic Regulation with the objective of determining individual dumping margins
cannot be initiated in this proceeding. However, in order to ensure equal treatment for any genuine
new Indian exporting producer and the cooperating companies not included in the sample, it is
considered that provision should be made for the weighted average duty imposed on the latter
companies to be applied to any new Indian exporting producer who would otherwise be entitled to
an individual duty pursuant to Article 11(4) of the basic Regulation.

3. Collection of provisional duties

(127)

In view of the magnitude of the dumping margins found and in the light of the level of the injury
caused to the Community industry, it is considered necessary that the amounts secured by way of
the provisional anti-dumping duty, imposed by the provisional Regulation, i.e. Regulation (EC) No
1412/2002, should be definitively collected at the rate of the duty definitively imposed,

HAS ADOPTED THIS REGULATION:

Article 1

A definitive anti-dumping duty is hereby imposed on imports of polyester textured filament yarn

1.
falling within CN code 5402 33 00 originating in India.

(1) European Commission, Directorate General for Trade, Directorate B, J-79 5/17, B-1049 Brussels.

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The rate of the definitive anti-dumping duty applicable to the net-free-at-Community-frontier-price,

2.
before duty, for products manufactured by the companies listed below shall be as follows:

Company

Rate of duty (%)

Taric additional code

Chhabria Polyester Corporation
Mehta House, 1st Floor, 91, Bombay Samachar Marg,
Mumbai 400 023, India

Indo Rama Synthetics Limited
51-A, Industrial Area, Sector III, Pithampur, 453 001,
Distt. Dhar, Madhya Pradesh, India

Microsynth Fabrics Limited
6,
Cinema, Mumbai 400 020, India

Jai Tirath Mansion, Barrack Road, Behind Metro

Modern Petrofils
NH No 8, Baman Gam, Taluka: Karjan, Distt: Baroda
391 210, India

Nova Petrochemicals Limited
402, Trividh Chambers, Ring Road, Surat, India

Parasrampuria Industries Limited
208, Nariman Point, Mumbai 400 021, India

Reliance Industries Limited
Maker Chambers IV, Nariman Point, Mumbai, 400
021, India

Sarla Polyester Limited
304, Arcadia, 195 Nariman Point, Mumbai 400 021,
India

Supertex Industries Limited
Balkrishna Krupa, 2nd Floor, 45/49, Babu Genu Road,
Princess Stree, Mumbai 400 002, India

Welspun Syntex Limited
Kamani Wadi, 1st Floor, 542, Jaganath Shankar Sheth
Road, Chira Bazar, Mumbai 400 002, India

All other companies

3,7 %

6,6 %

3,7 %

3,7 %

3,7 %

3,7 %

6,1 %

3,7 %

3,7 %

7,9 %

7,9 %

A 388

A 389

A 390

A 391

A 392

A 393

A 394

A 395

A 396

A 397

A 999

3.

Unless otherwise specified, the provisions in force concerning custom duties shall apply.

Article 2

Where any new exporting producer in India provides sufficient evidence to the Commission that:

— it did not export to the Community the product described in Article 1(1) during the investigation

period (1 October 2000 to 30 September 2001),

— it is not related to any of the exporters or producers in India which are subject to the anti-dumping

measures imposed by this Regulation,

— it has actually exported to the Community the product concerned after the investigation period on
which the measures are based, or it has entered into an irrevocable contractual obligation to export a
significant quantity to the Community,

the Council, acting by simple majority on a proposal submitted by the Commission after consulting the
Advisory Committee, may amend Article 1(2) by adding the new exporting producer to the companies
subject to the weighted average duty rate of 3,7 % listed in that Article.

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Article 3

Amounts secured by way of provisional anti-dumping duty pursuant to Regulation (EC) No 1412/2002 on
imports of polyester textured filament yarn falling within CN code 5402 33 00 originating in India shall be
definitively collected at the rate of the duty definitively imposed by the present Regulation.

Amounts secured in excess of the rates of the definitive anti-dumping duty shall be released.

This Regulation shall enter into force on the day following that of its publication in the Official Journal of
the European Communities.

Article 4

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 November 2002.

For the Council

The President

B. BENDTSEN