Notice of initiation of an expiry review of the antidumping measures applicable to imports of synthetic fibre ropes originating in India
Date: 2003-06-26
Institutions: European Commission
Subjects: India, anti-dumping measure, import, man-made fibre, originating product

C 149/12

EN

Official Journal of the European Union

26.6.2003

Notice of initiation of an expiry review of the antidumping measures applicable to imports of
synthetic fibre ropes originating in India

(2003/C 149/07)

Following the publication of a notice of impending expiry (1) of
the antidumping measures in force on imports of synthetic
fibre ropes 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 Council Regulation (EC) No 1972/2002 (3)
(‘the Basic Regulation’).

(‘country concerned’),

1. Request for review

The request was lodged on 26 March 2003 by Eurocord (‘the
representing a major
applicant’) on behalf of producers
proportion,
the total
Community production of synthetic fibre ropes.

in this case more than 53 %, of

2. Product

twine, measuring more

The product under review is twine, cordage, ropes and cables,
whether or not plaited or braided and whether or not
impregnated, coated, covered or sheathed with rubber or
plastics of polyethylene or polypropylene, other than binder
and baler
than 50 000 decitex
(5 g/m), plaited and other, as well as other synthetic fibres of
nylon or other polyamides or of polyesters measuring more
than 50 000 decitex (5 g/m), plaited or other, originating in
India (‘the product concerned’), currently classifiable within CN
codes 5607 49 11, 5607 49 19, 5607 50 11 and 5607 50 19.
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 1312/98 (4).

the product concerned is likely to increase due to the

of
existence of unused capacity in the country concerned.

the situation of

the Community
The applicant alleges that
substantial
industry is
increase of
from the country
concerned would be likely to cause even further injury to the
Community industry.

still
imports at dumped prices

fragile and that any further

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) 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 exporters/producers
in India to any association of exporters/producers, to the
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.

4. Grounds for the review

is based on the grounds that

the expiry of
The request
measures would be likely to result
in a recurrence of
dumping and injury to the Community. With regard to the
recurrence of dumping, it is alleged that the exports to other
third countries,
i.e., USA and Norway, are made at dumped
prices.

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), given that the
time limit set in paragraph 6(b) of this notice applies to all
interested parties.

The applicant further alleges the likelihood of further injurious
dumping. In this respect the applicant presents evidence that,
should measures be allowed to lapse, the current import level

(1) OJ C 240, 5.10.2002, p. 2.
(2) OJ L 56, 6.3.96, p. 1.
(3) OJ L 305, 7.11.2002, p. 1.
(4) OJ L 183, 26.6.98, p. 1.

(b) Collection of information and holding of hearings

submit
to
and

information other

All interested parties are hereby invited to make their views
than questionnaire
known,
This
replies
provide
information and supporting evidence must
reach the
Commission within the time limit set in paragraph 6(b)
of this notice.

supporting

evidence.

26.6.2003

EN

Official Journal of the European Union

C 149/13

the Commission may hear

interested parties,
Furthermore,
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(c) of
this notice.

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

5.2. Procedure for the assesment of Community interest

(c) Hearings

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
representative
importers,
Community
associations, representative users and representative consumer
there is an
organisations, provided that
objective
and the product
concerned, may, within the time limits set in paragraph 6(b)
this notice, make themselves known and provide the
of
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
It should be noted that any information submitted
notice.
pursuant
if
to Article 21 will only be taken into account
supported by factual evidence at the time of submission.

in paragraph 6(c) of

link between their

they prove that

activity

6. Time limits

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

All interested parties who did not cooperate in the inves-
tigation leading to the measures subject to the present
review 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.

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

tionnaire replies and any other information

if

interested parties,

All
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
the European Union,
this notice in the Official

Journal of

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

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.
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
Regualtion,
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
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.

(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 the
Implementation of Article VI of the GATT 1994 (Anti-dumping
Agreement).

is a confidential document pursuant

the Council

It