Notice of initiation of an anti-dumping proceeding concerning imports of cotton-type bedlinen originating in Pakistan
Date: 2002-12-18
Institutions: European Commission
Subjects: Pakistan, anti-dumping legislation, cotton, import, originating product, textile product

C 316/6

EN

Official Journal of the European Communities

18.12.2002

Notice of initiation of an anti-dumping proceeding concerning imports of cotton-type bedlinen
originating in Pakistan

(2002/C 316/03)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Regulation (EC) No 1972/2002 (2)
(‘the Basic Regulation’),
alleging that imports of cotton-type bedlinen, originating in
Pakistan (‘country concerned’), are being dumped and are
thereby causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 4 November 2002 by the
Committee of the Cotton and Allied Textile Industries of the
European Community (Eurocoton) ('the complainant') on behalf
in this case
of producers representing a major proportion,
more than 25 %, of
the total Community production of
cotton-type bedlinen.

2. Product

The product allegedly being dumped is bedlinen of cotton
fibres, pure or mixed with man-made fibres or flax (flax not
being the dominant fibre), bleached, dyed or printed orig-
inating in Pakistan (‘the product concerned’), currently clas-
sifiable 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 only given for information.

3. Allegation of dumping

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

Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the Basic
Regulation.

5.1. Procedure for the determination of dumping and injury

investigation will

the product
The
concerned originating in Pakistan is being dumped and
whether this dumping has caused injury.

determine whether

(a) Sampling

In view of the apparent large number of parties involved in
the Commission may decide to apply
this proceeding,
sampling in accordance with Article 17 of the Basic Regu-
lation.

(i) Sampling for exporters/producers in Pakistan

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

On this basis, the dumping margin calculated is significant.

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

and/or telex numbers and contact person,

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from Pakistan have increased overall
in
absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported
product concerned have had, among other consequences, a
negative impact on the market share held by the Community
industry, resulting in substantial adverse effects on the overall
performance,
situation and the employment
situation of the Community industry.

the financial

5. Procedure

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.

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

— 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,

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

for

— whether the company intends to claim an indi-
vidual margin (individual margins can only be
claimed by producers),

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Official Journal of the European Communities

C 316/7

— 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

companies (3)
selling of the product concerned,

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

companies (3)
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

— 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
the
for the selection of
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:

(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, fax and/or

telex numbers and contact person,

telex numbers and contact person,

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

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

— 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,

— the precise activities of the company with regard to

the product concerned,

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

imported

2002

the

of

— 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,

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

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

companies (3)
selling of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

completed questionnaire 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 applied to exporters/producers, the Commission
may 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 investigation.

— 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

(iv) 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
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

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 order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the sampled Community industry and to any association of
producers in the Community, to the sampled exporters/
producers in Pakistan to any association of exporters/
producers, to the sampled importers, to any association
of importers named in the complaint, and to the authorities
of the exporting countries concerned.

Exporters/producers
in Pakistan claiming an individual
margin, with a view to the application of Articles 17(3)
a
and 9(6) of

the Basic Regulation, must

submit

(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 has to 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.

5.2. Procedure for assessment of Community interest

this

their

industry,

the Community interest. For

In accordance with Article 21 of the Basic Regulation and in
the event that the allegations of dumping and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of anti-dumping measures would not
reason the
be 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 precedent sentence may request
a hearing setting the particular reasons why they should be
heard within the time limit set
this
notice.
It should be noted that any information submitted
pursuant to Article 21 would only be taken into account if
supported by factual evidence at the time of submission.

in point 6(a)(iii) of

link between their

they prove that

activity

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All interested parties should request a questionnaire as
soon as possible, but not later than 15 days after the
publication of this notice in the Official Journal of the
European Communities.

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Official Journal of the European Communities

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

7. Written submissions, questionnaire replies and corre-

tionnaire replies and any other information

spondence

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
specified.
European Communities, unless otherwise
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 limits specified in
point 6(b)(iii) of this notice.

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.

(iii) Hearings

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

8. Non-cooperation

(b) Specific time limit in respect of sampling

the European Communities, given that

(i) The information specified in points 5(1)(a)(i), (ii), and
(iii) should reach the Commission within 15 days of
the date of publication of this notice in the Official
the
Journal of
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 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.

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
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.

9. Schedule of the investigation

The investigation will be concluded, according to Article 6(9)
of the Basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Communities. According to Article 7(1) of the Basic Regulation,
provisional measures may be imposed no later than nine
months from the publication of
this notice in the Official
Journal of the European Communities.