Notice of initiation of an interim review of the antidumping measures applicable to imports of polyethylene terephthalate (PET) originating in the Republic of Korea and Taiwan
Date: 2003-05-22
Institutions: European Commission
Subjects: South Korea, Taiwan, anti-dumping duty, import (EU), originating product, plastics

22.5.2003

EN

Official Journal of the European Union

C 120/13

Notice of initiation of an interim review of the antidumping measures applicable to imports of
polyethylene terephthalate (PET) originating in the Republic of Korea and Taiwan

(2003/C 120/05)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 (1),
(EC) No
last
1972/2002 (2) (‘the Basic Regulation’).

by Regulation

amended

as

1. Request for review

The request was lodged by the Association of Plastic Manu-
facturers in Europe (‘the applicant’) on behalf of producers
representing a major proportion,
in this case more than
80 %, of
the total Community production of polyethylene
terephthalate (PET).

2. Product

The product under review is polyethylene terephthalate (PET)
with a coefficient of viscosity of 78 ml/g or higher, according
to DIN (Deutsche Industrienorm) 53728 originating in the
Republic of Korea and Taiwan (‘the product concerned’),
currently classifiable within CN code 3907 60 20. This CN
code is given only for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 2604/2000 (3).

4. Grounds for the review

The applicant claims that dumping and injury have recurred
and that
to
counteract the injurious dumping.

the existing measures are no longer sufficient

The allegation of dumping in respect of the Republic of Korea
in the absence of reliable data on
and Taiwan is based,
domestic prices, on a comparison of a constructed normal
value with the export prices of the product concerned to the
Community.

On this basis, the dumping margins calculated are significantly
higher than the dumping found in the previous investigation
that led to the existing measures for all exporting countries
concerned.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 301, 30.11.2000, p. 21.

The applicant has provided evidence that
the
product concerned from the Republic of Korea and Taiwan
are significant in absolute terms and in terms of market share.

imports of

is also alleged that

the volumes and the prices of

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

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the Basic Regulation.

5.1. Procedure for the determination of dumping and injury

The investigation will determine whether or not
there is
dumping and injury and if there is a need for the continuation,
removal or amendment of the existing measures.

(a) Sampling

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

(i) Sampling for exporters/producers in the Republic of

Korea

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
following information on their
companies within the time limit set
in paragraph
6(b)(i) of this notice and in the formats indicated in
paragraph 7 of this notice.

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

and/or telex numbers and contact person,

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Official Journal of the European Union

22.5.2003

— the turnover in local currency and the volume in
tonnes of the product concerned sold for export to
the Community during the period 1 April 2002 to
31 March 2003,

— the turnover in local currency and the sales volume
in tonnes
the product concerned on the
domestic market during the period 1 April 2002
to 31 March 2003,

for

— whether the company intends to claim an indi-
vidual margin (1) (individual margins can only be
claimed by producers),

— the precise activities of the company with regard to
the production of the product concerned and the
the product
production volume in tonnes of
the production capacity
concerned,
and the
investments
in production capacity during the
period 1 April 2002 to 31 March 2003,

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 paragraph 6(b)(i) and in the formats indicated in
paragraph 7 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 April 2002 to 31 March 2003,

— the total number of employees,

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

companies (2)
selling (export and/or domestic) of
concerned,

— the precise activities of the company with regard to
the product concerned and the production volume
the product concerned during the
in tonnes of
period 1 April 2002 to 31 March 2003,

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether

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

investigation of

the

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will,
in addition, contact the auth-
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

(1) Individual margins may be claimed pursuant to Article 17(3) of the
Basic Regulation for companies not included in the sample, article
9(5) of the Basic Regulation concerning individual treatment in
cases concerning non market economy countries, and article
2(7)(b) of
the Basic Regulation for companies claiming market
economy status. Note that claims for individual trearment necess-
itates an application pursuant to Article 9(5) of the Basic Regulation
and that claims regarding market economy status necessitate an
application pursuant to Article 2(7)(b) of the Basic Regulation.
(2) 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 and value in Euro of imports
into and resales made in the Community market
during the period 1 April 2002 to 31 March
2003 of
the imported product concerned orig-
inating in the Republic of Korea and Taiwan,

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

companies (2)
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,

22.5.2003

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Official Journal of the European Union

C 120/15

(iii) Final selection of the samples

All
interested parties wishing to submit any relevant
information regarding the selection of the sample must
do so within the time limit set in paragraph 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 paragraph
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
questionnaire within the time limit set in paragraph
6(b)(iii) of this notice and must cooperate within the
framework of the investigation.

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 Community industry and to any association of
producers in the Community, to the sampled exporters/
producers in the Republic of Korea,
to the exporters/
producers in Taiwan,
to any association of exporters/
producers, to the sampled importers, to any association
of importers named in the request or which cooperated
in the investigation leading to the measures subject to the
present review, and to the authorities of
the exporting
countries concerned.

In any event, all parties should contact the Commission
forthwith by fax in order to find out whether they are
listed in the request and if necessary request a questionnaire
within the time limit set in paragraph 6(a)(i), given that the
time limit set in paragraph 6(a)(ii) of this notice applies to
all interested parties.

(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 paragraph 6(a)(ii) of this notice.

5.2. Procedure for the assessment of Community interest

representative

In accordance with Article 21 of the Basic Regulation and in
the event that dumping and injury is confirmed, a decision will
be reached as to whether to maintain, repeal or amend the
anti-dumping measures would not be against the Community
importers,
interest. For this reason the Community industry,
and
their
representative users
associations,
representative consumer organisations, provided that
they
prove that there is an objective link between their activity
and the product concerned, may, within the general
time
limits set in paragraph 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
in
why they should be heard, within the time limit set
paragraph 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.

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 Union.

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 Union, 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
paragraph 6(b)(iii) of this notice.

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Official Journal of the European Union

22.5.2003

(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

Journal of

(i) The information specified in paragraph 5.1(a)(i) and
should reach the Commission within 15
5.1(a)(ii)
days of the date of publication of this notice in the
the European Union, given that the
Official
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 Union.

(ii) All other information relevant for the selection of the
sample as referred to in 5.1(a)(iii) must reach the
Commission within a period of 21 days of the publi-
cation of
the
European Union.

this notice in the Official

Journal of

specified), and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of the interested party.
All written submissions, including the information requested in
this notice, questionnaire replies and correspondence provided
by interested parties on a confidential basis shall be labelled as
‘Limited’ (1) and, in accordance with Article 19(2) of the Basic
Regulation,
accompanied by a non-confidential
version, which will be labelled ‘FOR INSPECTION BY INTERESTED
PARTIES’.

shall be

Commission address for correspondence:

European Commission
Directorate General for Trade
Directorate B
J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

8. Non-cooperation

(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

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.

(1) This means that

the document

is for internal use only.

the European Parliament and of
It

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
(OJ L 145,
of
31.5.2001, p. 43).
to
Article 19 of Council Regulation (EC) No 384/96 (OJ L 56,
6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implemen-
tation of Article VI of the GATT 1994 (Anti-dumping Agreement).

is a confidential document pursuant

the Council

It