Commission Regulation (EC) No 1292/2003 of 18 July 2003 initiating a "new exporter" review of Council Regulation (EC) No 2604/2000 imposing a definitive anti-dumping duty on imports of certain polyethylene terephtalate (PET) originating, inter alia, in Thailand, repealing the duty with regard to imports from one exporting exporter in this country and making these imports subject to registration
Date: 2003-07-18
Institutions: European Commission
Subjects: Thailand, anti-dumping duty, import, originating product, plastics

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1292/2003

of 18 July 2003

initiating a ‘new exporter’ review of Council Regulation (EC) No 2604/2000 imposing a definitive
anti-dumping duty on imports of certain polyethylene terephtalate (PET) originating, inter alia, in
Thailand, repealing the duty with regard to imports from one exporting exporter in this country
and making these imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 384/96 (1) of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (the Basic
Regulation), as last amended by Council Regulation (EC) No
1972/2002 (2) and in particular Article 11(4),

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. REQUEST FOR A REVIEW

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the Basic
Regulation. The application was lodged by Indo Pet
(Thailand) Ltd. (the applicant), an exporting producer in
Thailand (the country concerned).

B. PRODUCT

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

C. EXISTING MEASURES

The measures currently in force are a definitive anti-
dumping duty imposed by Council Regulation (EC) No
2604/2000 (3) under which imports into the Community
of the product concerned, are subject to a definitive anti-
dumping duty of EUR 83,2 per tonne.

D. GROUNDS FOR THE REVIEW

i.e.

The applicant alleges that it did not export the product
concerned to the Community during the period of inves-
tigation on which the anti-dumping measures were
based,
the period from 1 October 1998 to 30
September 1999 (the original investigation period) and
that it is not related to any of the exporting producers of
the product which are subject to the abovementioned
anti-dumping measures.

(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.

(5)

(6)

(7)

further alleges that

they have begun
The applicant
exporting the product concerned to the Community
after the end of the original investigation period.

E. PROCEDURE

Community producers known to be concerned have
been informed of the above application and have been
given an opportunity to comment. No comments have
been received.

Having examined the evidence available, the Commis-
sion concludes that there is sufficient evidence to justify
the initiation of a ‘new exporter’ review, pursuant to
Article 11(4) of the Basic Regulation, with a view to
determine the applicant's individual margin of dumping
and, should dumping be found, the level of the duty to
which their imports of the product concerned into the
Community should be subject.

(a) Questionnaires

(8)

In order to obtain the information it deems necessary
for its investigation, the Commission will send a ques-
tionnaire to the applicant.

(9)

(10)

(11)

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence.

the Commission may hear

Furthermore,
interested
parties, provided that they make a request in writing
showing that
there are particular reasons why they
should be heard.

F. REPEAL OF THE DUTY IN FORCE AND REGISTRA-

TION OF IMPORTS

Pursuant to Article 11(4) of the Basic Regulation, the
anti-dumping duty in force should be repealed with
regard to imports of the product concerned which are
produced and sold for export to the Community by the
applicant. At the same time, such imports should be
made subject to registration in accordance with Article
14(5) of the Basic Regulation, in order to ensure that,
should the review result in a finding of dumping in
respect of the applicants, anti-dumping duties can be
levied retroactively from the date of the initiation of this
review. The amount of the applicant's possible future
the
liabilities cannot be estimated at
proceeding.

this stage of

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G. TIME LIMITS

Article 3

(12)

In the interest of sound administration,
should be stated within which:

time limits

— interested parties may make themselves known to
the Commission, present their views in writing and
submit the replies to the questionnaire mention in
paragraph E(a) of this Regulation or any other infor-
mation to be taken into account during the investiga-
tion,

— interested parties may make a written request to be

heard by the Commission.

H. NON-COOPERATION

(13)

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 inves-
tigation, findings, affirmative or negative, may be made
in accordance with Article 18 of the Basic Regulation,
on the basis of the facts available.

(14) 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,

HAS ADOPTED THIS REGULATION:

Article 1

A review of Council Regulation (EC) No 2604/2000 is hereby
initiated pursuant to Article 11(4) of Council Regulation (EC)
No 384/96 in order to determine if and to what extent the
imports of polyethylene terephtalate (PET) with a coefficient of
viscosity of 78 ml/g or higher, according to DIN (Deutsche
Industrienorm) 53728 falling within CN code 3907 60 20,
produced and sold for export to the Community by Indo Pet
(Thailand) Ltd. should be subject to the anti-dumping duty
imposed by Council Regulation (EC) No 2604/2000.

The customs authorities are hereby directed, pursuant to Article
14(5) of Council Regulation (EC) No 384/96, to take the appro-
priate steps to register the imports identified in Article 1 of this
Regulation. Registration shall expire nine months following the
date of entry into force of this Regulation.

Article 4

Interested parties, if their representations are to be taken
1.
into account during the investigation, must make themselves
known to the Commission, present their views in writing and
submit the replies to the questionnaire mentioned in paragraph
E(a) of this Regulation or any other information, unless other-
wise specified, within 40 days of the entry into force of this
Regulation. 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.

Interested parties may also apply in writing to be heard by the
Commission within the same 40-day time limit.

2.
All submissions and requests made by interested parties
must be made in writing (not in electronic format, unless other-
wise specified), and must indicate the name, address, e-mail
address, telephone and fax, and/or telex number of the inter-
ested party. All written submissions, 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, shall be accompanied by
a non-confidential version, which will be labelled ‘For inspec-
tion by interested parties’.

Any information relating to the matter, any request
hearing should be sent to the following address:

for a

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.

Article 5

Article 2

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

The anti-dumping duty imposed by Council Regulation (EC) No
2604/2000 is hereby repealed with regard to the imports iden-
tified in Article 1 of the present Regulation (TARIC additional
code: A468).

(1) This means that

the document

is for internal use only.

the European Parliament and of

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of
(OJ L 145,
31.5.2001, p. 43). It is a confidential document pursuant 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 Implementation of Article
VI of the GATT 1994 (Anti-dumping Agreement).

the Council

It

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 July 2003.

For the Commission

Pascal LAMY

Member of the Commission