Notice of initiation of an anti-dumping proceeding concerning imports of polyethylene terephthalate (PET) originating in Australia, the People's Republic of China and Pakistan
Date: 2003-05-22
Institutions: European Commission
Subjects: China, Pakistan, anti-dumping duty, import (EU), originating product, plastics

22.5.2003

EN

Official Journal of the European Union

C 120/9

Notice of initiation of an anti-dumping proceeding concerning imports of polyethylene tereph-
thalate (PET) originating in Australia, the People's Republic of China and Pakistan

(2003/C 120/04)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Council Regulation (EC) No 1972/2002 (2)
(‘the Basic Regu-
lation’), alleging that
imports of polyethylene terephthalate
(PET), originating in Australia, the People's Republic of China
and Pakistan (‘countries concerned’), are being dumped and are
thereby causing material injury to the Community industry.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had 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.

1. Complaint

5. Procedure

The complaint was lodged on 7 April 2003 by the Association
of Plastic Manufacturers in Europe (APME) (‘the complainant’)
on behalf of producers representing a major proportion, in this
case more than 80 %, of the total Community production of
polyethylene terephthalate (PET).

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

2. Product

The product allegedly being dumped is polyethylene tereph-
thalate (PET) with a coefficient of viscosity of 78 ml/g or
higher, according to DIN (Deutsche Industrienorm) 53728
originating in Australia, the People's Republic of China and
Pakistan (‘the product concerned’), currently classifiable within
CN code 3907 60 20. This CN code is only given for
information.

3. Allegation of dumping

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

In view of provisions of Article 2(7) of the Basic Regulation,
the complainant established normal value for the People's
Republic of China on the basis of a constructed normal
value in a market economy country, which is mentioned in
paragraph 5.1(d) of this notice. The allegation of dumping is
based on a comparison of normal value, as set out in the
preceding sentence, with the export prices of
the product
concerned when sold for export to the Community.

On this basis, the dumping margins calculated are significant
for all exporting countries concerned.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from Australia, the People's Republic of
in absolute terms
China and Pakistan have increased overall
and in terms of market share.

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

5.1. Procedure for the determination of dumping and injury

investigation will

The
the product
concerned originating in Australia, the People's Republic of
China and 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 the People's

Republic of China

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
company or
following information on their
the
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 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,

C 120/10

EN

Official Journal of the European Union

22.5.2003

— 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,

— 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,

— 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
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following 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,

(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 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
during the period 1 April 2002 to 31 March
the imported product concerned orig-
2003 of
inating in Australia,
the People's Republic of
China and Pakistan,

— 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,

(iii) Final selection of the samples

interested parties wishing to submit any relevant
All
information regarding the selection of the sample must
do so within the time limit set in paragraph 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
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/
to the
producers
to any
exporters/producers
association
sampled
importers, to any association of importers named in the
complaint,
exporting
countries concerned.

in the People's Republic of China,
in Australia and Pakistan,

exporters/producers,

authorities of

and to the

the

the

to

of

22.5.2003

EN

Official Journal of the European Union

C 120/11

(i) Exporters producers in Australia and Pakistan

such

should

contact

interested

All
the
parties
Commission forthwith by fax, but not later than the
time limit set out in paragraph 6(a)(i) of this notice,
in order to find out whether they are listed in the
complaint and,
if necessary, request a questionnaire,
given that the time limit set in paragraph 6(a)(ii) of
this notice applies to all such interested parties.

paragraph 6(d) of this notice. The Commission will send
claim forms to all exporters/producers in the People's
Republic of China who have either been included in the
sample or named in the complaint and to any association
of exporters/producers named in the complaint, as well as
to the authorities of the People's Republic of China

5.2. Procedure for assessment of Community interest

(ii) Exporters/producers claiming an individual margin in

the People's Republic of China

Exporters/producers in the People's Republic of China
claiming an individual margin, with a view to the
application of Articles 17(3) and 9(6) of the Basic Regu-
lation, must submit a completed questionnaire within
the time limit set in paragraph 6(a)(ii) of this notice.
They therefore have to request a questionnaire within
the time limit set in paragraph 6(a)(i) of this notice.
if
However,
sampling
the
Commission may nonetheless decide not to calculate
an individual margin for
the number of
exporters/producers is so large that individual exam-
ination would be unduly burdensome and would
prevent the timely completion of the investigation.

such parties
applied
is

exporters/producers,

should be

aware

them,

that

to

if

this

their

industry,

they prove that

link between their

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
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 preceding sentence may
request a hearing setting the particular reasons why they
should be heard within the time limit set
in paragraph
6(a)(iii) of this notice. It should be noted that any information
to Article 21 will only be taken into
submitted pursuant
account
the time of
submission.

if supported by factual evidence at

activity

limits

time

set

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

6. Time limits

(a) General time limits

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.

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the Basic Regulation, it
is envisaged to choose the United States of America as an
appropriate market economy country for the purpose of
establishing normal value
the People's
Republic of China. Interested parties are hereby invited to
comment on the appropriateness of this choice within the
specific time limit set in paragraph 6(c) of this notice.

in respect of

(e) Market economy status

For those exporters/producers in the People's Republic of
China who claim and provide sufficient evidence that they
i.e. that they
operate under market economy conditions,
meet the criteria laid down in Article 2(7)(c) of the Basic
Regulation, normal value will be determined in accordance
with Article 2(7)(b) of
the Basic Regulation. Exporters/
producers intending to submit duly substantiated claims
in
must do so within the

specific

limit

time

set

(i) For parties to request a questionnaire or other claim

forms

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

(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 (including the substantiated
claims for individual treatment pursuant to Article 9(5)
of the basic Regulation) 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 limits specified in
paragraph 6(b)(iii) of this notice.

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Official Journal of the European Union

22.5.2003

(iii) Hearings

7. Written submissions, questionnaire replies and corre-

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.

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). All written submissions,
including the information
requested in this notice, questionnaire replies and corre-
spondence 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, shall be accompanied by
a non-confidential version, which will be
labelled ‘FOR
INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

(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

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.

(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.

8. Non-cooperation

(c) Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the
appropriateness of the United States of America which, as
mentioned in paragraph 5.1(d) of this notice, is envisaged
as a market-economy country for the purpose of estab-
lishing normal value in respect of the People's Republic
of China. These comments must reach the Commission
within 10 days of the date of publication of this notice
in the Official Journal of the European Union.

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

(d) Specific time limit for submission of claims for market economy

status

Duly substantiated claims for market economy status, as
mentioned in paragraph 5.1(e) of this notice, must reach
the Commission within 21 days of the date of the selection
of any sample or as determined by the Commission.

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
the Basic Regulation,
Union. According to Article 7(1) of
provisional measures may be imposed no later
than 9
months from the publication of
this notice in the Official
Journal of the European Union.

(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