Notice of initiation of an accelerated review of Council Regulation (EC) No 2603/2000 imposing a definitive countervailing duty on imports of certain polyethylene terephtalate originating in Thailand
Date: 2003-07-19
Institutions: European Commission
Subjects: Thailand, countervailing charge, import, originating product, plastics

C 170/2

EN

Official Journal of the European Union

19.7.2003

Notice of initiation of an accelerated review of Council Regulation (EC) No 2603/2000 imposing a
definitive countervailing duty on imports of certain polyethylene terephtalate originating in
Thailand

(2003/C 170/02)

The Commission has received an application for an accelerated
review pursuant to Article 20 of Council Regulation (EC) No
2026/97 (1) (‘the basic Regulation’), as last amended by Regu-
lation (EC) No 1973/2002 (2), with regard to imports of poly-
ethylene terephtalate (PET) in Thailand, subject to a definitive
countervailing duty imposed by Council Regulation (EC) No
2603/2000 (3).

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
accelerated review, the Commission hereby initiates a review
in accordance with Article 20 of the basic Regulation.

1. Request for review

The application was lodged by Indo Pet (Thailand) Limited (‘the
applicant’), an exporting producer in Thailand.

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

(a) Questionnaires

2. Product

(b) Collection of information and holding of hearings

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 for
information only.

3. Existing measures

The measure currently in force is a definitive countervailing
duty imposed by Council Regulation (EC) No 2603/2000,
under which imports into the Community of certain poly-
including those produced
ethylene terephtalate in Thailand,
by the applicant, are subject
to a definitive countervailing
duty of EUR 49,1 per tonne.

4. Grounds for the review

The applicant alleges that it was not individually investigated
during the period of investigation on which the countervailing
measure was based, i.e. the period from 1 October 1998 to 30
September 1999 (‘the original investigation period’) for reasons
other than the refusal to cooperate.

On the basis of the above, it has requested that an individual
duty rate be established for it.

5. Procedure

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

Interested parties, provided they can show that they are
likely to be affected by the results of
the review, are
their views in writing, and
hereby invited to present
submit
to the questionnaire mentioned in
the replies
paragraph 5(a) of this notice or any other information to
be taken into account during the review. This information
and supporting evidence must
reach the Commission
within the time limit set in paragraph 6(a) 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(b) of
this notice.

6. Time limits

(a) For parties to make themselves known, to submit questionnaire

replies and any other information

All interested parties, if their representations are to be taken
into account during the investigation, must make them-
selves 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
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.

Journal of

(1) OJ L 288, 21.10.1997, p. 1.
(2) OJ L 305, 7.11.2002, p. 4.
(3) OJ L 301, 30.11.2000, p. 1.

(b) Hearings

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

19.7.2003

EN

Official Journal of the European Union

C 170/3

7. Written submissions, questionnaire replies and corre-

Commission address for correspondence:

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, 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’.

(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

European Commission
Directorate-General for Trade
Directorate B
Office: J-79 — 05/16
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 28 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.

Adoption of three reference documents for the purpose of Council Directive 96/61/EC concerning
integrated pollution prevention and control (1)

(2003/C 170/03)

On 7 July 2003 the Commission adopted the complete texts of the reference documents on

— best available techniques in textiles industry,

— best available techniques in intensive rearing of poultry and pigs,

— general principles of monitoring.

These documents are available on the Internet site http://eippcb.jrc.es

(1) OJ L 257, 10.10.1996, p. 26.