Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of cotton-type bedlinen originating in India
Date: 2002-12-04
Institutions: European Commission
Subjects: India, anti-dumping duty, cotton, import, originating product, textile product

C 300/10

EN

Official Journal of the European Communities

4.12.2002

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
cotton-type bedlinen originating in India

(2002/C 300/03)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of cotton-type
bedlinen originating in India,
the
Commission has received a request
for review pursuant to
Article 11(2) of Council Regulation (EC) No 384/96 (2), as
last amended by Regulation (EC) No 1972/2002 (3) (‘the basic
Regulation’).

(‘country concerned’),

1. Request for review

The request was
lodged on 3 September 2002 by the
Committee of the Cotton and Allied Textile Industries of the
European Community (Eurocoton) (‘the applicant’) on behalf of
producers representing a major proportion, in this case more
than 25 %, of the total Community production of cotton-type
bedlinen.

2. Product

The product under review is bedlinen of cotton fibres, pure or
flax (flax not being the
mixed with man-made fibres or
dominant
fibre), bleached, dyed or printed originating in
India (‘the product concerned’), currently classifiable within
CN codes ex 6302 21 00, ex 6302 22 90, ex 6302 31 10,
ex 6302 31 90 and ex 6302 32 90. These CN codes are
given only for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 2398/97 (4), as
last amended by Regulation (EC) No 696/2002 (5). An interim
review limited to the situation of dumping initiated on 13
February 2002 is still on going. Pending the outcome of this
interim review the existing measures remain suspended.

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

On this basis, the dumping margin calculated is significant.

(1) OJ C 65, 14.3.2002, p. 11.
(2) OJ L 56, 6.3.1996, p. 1.
(3) OJ L 305, 7.11.2002, p. 1.
(4) OJ L 332, 4.12.1997, p. 1.
(5) OJ L 109, 25.4.2002, p. 3.

The complainant has provided evidence that imports of the
product concerned from India have continued to enter the
Community in significant quantities.

is also alleged that

the volumes and the prices of

the
It
imported product concerned have
continued to have a
negative impact on the market share held, the quantities sold
and the level of prices charged by the Community industry,
effects on the overall
adverse
resulting
performance and the financial situation of
the Community
industry.

in substantial

the applicant alleges

imports at dumped prices

that any recurrence of
In addition,
substantial
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.

(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 order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters producers, or representatives acting on their
behalf, are hereby requested to make themselves
known by contacting the Commission and providing
the
company or
companies within the time limit set in point 6(b)(i)
of this notice:

following information on their

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

and/or telex numbers and contact person,

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Official Journal of the European Communities

C 300/11

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

— a copy of the ‘Form of registration-cum-membership
issued by ‘The Cotton Textiles Export

certificate’
Promotion Council’,

— the turnover in local currency and the volume in
tonnes of
the product concerned sold on the
domestic market during the period 1 October
2001 to 30 September 2002,

— the number of people employed to produce the

product concerned,

— the volume of exports of the product concerned to

third countries,

— whether the company intends to claim for an indi-

vidual margin,

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

companies (6)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether

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

investigation of

the

— the total turnover in euro of the company during
the period 1 October 2001 to 30 September 2002,

— the total number of employees,

— the precise activities of the company with regard to
the production of the product concerned and the
volume in tonnes of the product concerned during
the period 1 October 2001 to 30 September 2002,

— the volume in tonnes and value in euro of imports
into and resales made in the Community market
the period 1 October 2001 to 30
during
September
product
2002
concerned originating in India,

imported

the

of

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

companies (6)
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

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

the sample of

importers,

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will,
in addition, contact the auth-
orities of
the exporting country, and any known
associations of exporters/producers.

(ii) Sampling for importers

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
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,

(6) 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).

(iii) Sampling for Community producers

In view of the large number of Community producers
supporting the request,
the Commission intends to
investigate injury to the Community industry by
applying sampling.

In order to enable the Commission to select a sample,
all Community producers are hereby requested to
provide the following information 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,

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Official Journal of the European Communities

4.12.2002

— the precise activities of the company with regard to
the production of the product concerned and the
volume in tonnes of the product concerned during
the period 1 October 2001 to 30 September 2002,

— the value in euro of sales of the product concerned
made in the Community market during the period
1 October 2001 to 30 September 2002,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 October 2001 to 30 September 2002,

— the volume in tonnes of the production of the
product concerned during the period 1 October
2001 to 30 September 2002,

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

companies (6)
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
their
accepting an on-the-spot
response.

investigation of

the

in India

to any association of

the sampled Community industry and to any association of
producers in the Community, to the sampled exporters/
producers
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
present review, and to the authorities of
the exporting
country concerned.

Exporters/producers in India claiming an individual margin,
with a view to the application of Articles 17(3) and 9(6) of
the basic Regulation, must submit a completed ques-
tionnaire within the time limit set in point 6(a)(ii) of this
notice. They therefore have to request a questionnaire
within the time limit set in point 6(a)(i) of this notice.
However, such parties should be aware that if sampling is
the Commission may
applied to exporters/producers,
nonetheless decide not to calculate an individual margin
for them, if the number of exporters/producers is so large
that individual examination would be unduly burdensome
and would prevent the timely completion of the investi-
gation.

(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.

(iv) Final selection of the samples

interested parties wishing to submit any other
All
relevant
the
information regarding the selection of
sample must do so within the time limit set in point
6(b)(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.

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

set

sufficient

cooperation is not

the
If
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 order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to

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
reason the
interest.
against
Community
representative
importers,
associations, representative users and representative consumer
organisations, provided that
there is an
and the product
objective
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 preceding 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

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Official Journal of the European Communities

C 300/13

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.

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) and 5(1)(a)(iii) 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
to consult parties
concerned that have expressed their willingness to be

the Commission intends

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 5(1)(a)(iv) 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.

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
Directorate-General for Trade
Directorate B
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.

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.