2003/167/EC: Commission Decision of 11 March 2003 terminating the anti-dumping proceeding concerning imports of certain filament yarns of cellulose acetate originating in Lithuania and the United States of America and releasing the amounts secured by way of the provisional duties imposed
Date: 2003-03-11
Institutions: European Commission
Subjects: Lithuania, United States, anti-dumping legislation, import, originating product, textile fibre

L 67/20

EN

Official Journal of the European Union

12.3.2003

COMMISSION DECISION

of 11 March 2003

terminating the anti-dumping proceeding concerning imports of certain filament yarns of cellulose
acetate originating in Lithuania and the United States of America and releasing the amounts
secured by way of the provisional duties imposed

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

(2003/167/EC)

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), as last
amended by Regulation (EC) No 1972/2002 (2), and in parti-
cular Article 9 thereof,

raw material

The Commission officially advised the exporting produ-
cers and importers known to be concerned, the repre-
sentatives of the exporting country, the representative
suppliers and the complainant
users,
Community producers. Interested parties were given the
opportunity to make their views known in writing and
to request a hearing within the time limit set out in the
notice of initiation.

After consulting the Advisory Committee,

B. WITHDRAWAL OF THE COMPLAINT AND TERMINA-

TION OF THE PROCEEDING

Whereas:

(1)

(2)

(3)

(4)

A. PROCEDURE

On 12 November 2001, the Commission received a
complaint concerning the alleged injurious dumping by
imports of certain filament yarns of cellulose acetate
(product concerned) originating in Lithuania and the
United States of America (USA).

The complaint was lodged by the Comité International
de la Rayonne et des Fibres Synthétiques (CIRFS) acting
on behalf of the Community producers responsible for
over 90 % of the total Community production of the
product concerned pursuant to Articles 4(1) and 5(4) of
Council Regulation (EC) No 384/96 (the basic Regula-
tion).

The complaint contained prima facie evidence of the exis-
tence of dumping and of material injury resulting there-
from, which was considered sufficient
to justify the
initiation of an anti-dumping proceeding.

after

accordingly

consultation, by a notice
The Commission,
published in the Official Journal of the European Commu-
nities (3),
anti-dumping
proceeding concerning imports into the Community of
the product concerned, currently classifiable within CN
codes 5403 33 10, 5403 33 90 and 5403 42 00 and
originating in Lithuania and the USA.

initiated

an

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ C 364, 20.12.2001, p. 3.

(6)

(7)

(8)

(9)

By a letter of 6 February 2003 to the Commission,
CIRFS formally withdrew its complaint.

In accordance with Article 9(1) of the basic Regulation,
the proceeding may be terminated where the complaint
is withdrawn, unless such termination would not be in
the Community interest.

The Commission considered that the present proceeding
should be terminated since the investigation had not
brought to light any considerations showing that such
termination would not be in the Community interest.
Interested parties were informed accordingly and were
given the opportunity to comment. No comments were
received indicating that such termination would not be
in the Community interest.

the anti-
The Commission therefore concludes that
into the
dumping proceeding concerning imports
Community of
the product concerned originating in
Lithuania and the USA should be terminated without the
imposition of anti-dumping measures.

(10) Any duties provisionally secured on the basis of
Commission Regulation (EC) No 1662/2002 (4), as
amended by Regulation (EC) No 158/2003 (5), for the
product concerned should be released,

(4) OJ L 251, 19.9.2002, p. 9; corrigendum OJ L 258, 26.9.2002, p.

35.

(5) OJ L 25, 30.1.2003, p. 35.

12.3.2003

EN

Official Journal of the European Union

L 67/21

HAS DECIDED AS FOLLOWS:

Article 3

Article 1

The anti-dumping proceeding concerning imports of certain
non-textured artificial filament yarn of cellulose acetate, falling
within CN codes 5403 33 10, 5403 33 90 and 5403 42 00
and originating in Lithuania and the United States of America,
is hereby terminated.

Article 2

The amounts secured by way of the provisional anti-dumping
duty imposed pursuant to Regulation (EC) No 1662/2002 shall
be released.

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

Done at Brussels, 11 March 2003.

For the Commission

Pascal LAMY

Member of the Commission