Proposal for a Council Regulation terminating the anti-dumping proceedings concerning imports of polyester textured filament yarn (PTY) originating in Taiwan, Indonesia, Thailand and Malaysia
Date: 2003-08-08
Institutions: European Commission
Subjects: Indonesia, Malaysia, Taiwan, Thailand, anti-dumping legislation, common tariff policy, import (EU), textile fibre

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 8.8.2003
COM(2003) 488 final

Proposal for a

COUNCIL REGULATION

terminating the anti-dumping proceedings concerning imports of polyester textured
filament yarn (PTY) originating in Taiwan, Indonesia, Thailand and Malaysia

.

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 14 June 2001, the Commission initiated an expiry review on imports into the Community
of  polyester  textured  filament  yarn  originating  in  Taiwan.  On  10  November  2001,  the
Commission initiated an expiry review on imports into the Community of polyester textured
filament yarn originating in Indonesia and Thailand.

Based on the  preliminary  findings from these two expiry  reviews, the Commission initiated
on 31 May 2002 two interim reviews on imports of polyester textured filament yarn, one on
imports from Taiwan and one on imports from Indonesia.

On 6 June 2002, the Commission initiated an expiry review on imports into the Community of
polyester textured filament yarn originating in Malaysia.

By letter of  2  May 2003  to  the  Commission,  the  organisation  CIRFS  formally  withdrew  its
request  for  expiry  reviews  of  the  anti-dumping  measures  applicable  to  imports  of  PTY
originating in Taiwan, Indonesia, Thailand and Malaysia.

It is proposed that the Council adopt the attached proposal for a Regulation which should be
published in the Official Journal of the European Union no later than 29 August 2003.

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Proposal for a

COUNCIL REGULATION

terminating the anti-dumping proceedings concerning imports of polyester textured
filament yarn (PTY) originating in Taiwan, Indonesia, Thailand and Malaysia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having  regard  to  Council  Regulation  (EC)  No  384/96  of  22  December  1995  on  protection
against  dumped  imports  from  countries  not  members  of  the  European  Community1,
hereinafter referred to as ’the Basic regulation’, and in particular Article 9 thereof,

Having  regard  to  the  proposal  from  the  Commission,  after  consulting  the  Advisory
Committee,

Whereas:

A.

PROCEDURE

(1) 

(2) 

(3) 

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2

3

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5

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7

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1.

Previous investigations and existing measures

By Regulation (EC) No 3905/882, as amended by Regulations (EC) No 1074/963 and
2010/20004  the  Council  imposed  a  definitive  anti-dumping  duty  on  imports  into  the
Community  of  polyester  textured  filament  yarn  (hereinafter  ‘PTY’)  originating  in
Taiwan.

By Regulation (EC) No 2160/965, as last amended by Regulation (EC) No 1078/20016
the Council imposed a definitive anti-dumping duty on imports into the Community of
PTY originating in Indonesia and Thailand.

By Regulation (EC) No 1001/977, the Council imposed a definitive anti-dumping duty
on imports of PTY originating in Malaysia. In September 2000, further to an interim
review  requested  by  the  main  exporting  producer,  the  duty  applicable  to  its  imports
has been reduced to 3.2% by Regulation (EC) No 1992/20008.

OJ L 56, 6.3.1996, p. 1. as last amended by Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).
OJ L 347, 16.12.1988, p. 10.
OJ L 141, 14.6.1996, p. 45.
OJ L 241, 26.9.2000, p. 1.
OJ L 289, 12.11.1996, p. 14.
OJ L 149, 2.6.2001, p. 5.
OJ L 145, 5.6.1997, p. 1.
OJ L 238, 22.9.2000, p.1.

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2.

Expiry and interim reviews investigations

Taiwan

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Following  the  publication  of  a  notice  of  impending  expiry9  of  the  anti-dumping
measures in force on imports of PTY originating in Taiwan, the Commission received
a request for a review pursuant to Article 11(2) of the Basic Regulation.

Having determined, after consulting the Advisory Committee, that sufficient evidence
existed  for  the  initiation  of  an  expiry  review,  the  Commission  initiated  an
investigation10 pursuant to Article 11(2) of the Basic Regulation.

The  Commission  simultaneously  initiated  on  its  own  initiative  an  investigation11
pursuant  to  Article  11(3)  of  the  Basic  Regulation,  after  having  determined  that
sufficient evidence existed to justify the initiation of an interim review with regard to
imports of PTY originating in Taiwan, and after consulting the Advisory Committee.

Indonesia

Following  the  publication  of  a  notice  of  impending  expiry12  of  the  anti-dumping
measures  in  force  on  imports  of  PTY  originating  in  Indonesia,  the  Commission
received a request for a review pursuant to Article 11(2) of the Basic Regulation.

Having determined, after consulting the Advisory Committee, that sufficient evidence
existed  for  the  initiation  of  an  expiry  review,  the  Commission  initiated  an
investigation13 pursuant to Article 11(2) of the Basic Regulation.

The  Commission  simultaneously  initiated  on  its  own  initiative  an  investigation14
pursuant  to  Article  11(3)  of  the  Basic  Regulation,  after  having  determined  that
sufficient evidence existed to justify the initiation of an interim review with regard to
imports  of  PTY  originating  in  Indonesia,  and  after  consulting  the  Advisory
Committee.

Thailand

(10)  Following  the  publication  of  a  notice  of  impending  expiry15  of  the  anti-dumping
measures  in  force  on  imports  of  PTY  originating  in  Thailand,  the  Commission
received a request for a review pursuant to Article 11(2) of the Basic Regulation.

(11)  Having determined, after consulting the Advisory Committee, that sufficient evidence
existed  for  the  initiation  of  an  expiry  review,  the  Commission  initiated  an
investigation16 pursuant to Article 11(2) of the Basic Regulation.

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15

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OJ C 361, 15.12.2000, p. 2.
OJ C 170, 14.6.2001, p. 2.
OJ C 129, 31.5.2002, p. 5.
OJ C 74, 7.3.2001, p. 2.
OJ  C  316,  10.11.2001,  p.  9  (The  notice  of  initiation  of  this  expiry  review  also  included  imports
of PTY from Thailand).
OJ C 129, 31.5.2002, p. 2.
OJ C 74, 7.3.2001, p. 2.
OJ C 316, 10.11.2001, p. 9 (The notice of initiation of this expiry review also included imports of PTY
from Indonesia)

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Malaysia

(12)  Following the publication  of  a  notice  of  the  impending  expiry17  of  the  anti-dumping
measures  in  force  on  imports  of  PTY  originating  in  Malaysia,  the  Commission
received  a  request  for  an  expiry  review  pursuant  to  Article  11(2)  of  the  Basic
Regulation.

(13)  Having  determined,  after  consultation  of  the  Advisory  Committee,  that  sufficient
evidence  existed  for  the  initiation  of  an  expiry  review,  the  Commission  initiated  an
investigation18, pursuant to Article 11(2) of the Basic Regulation.

B.

WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF
THE PROCEEDINGS

(14)  By a letter of 2 May 2003 to the Commission, the International Rayon and Synthetic
Fibres  Committee  (‘CIRFS’)  formally  withdrew  its  requests  for  expiry  reviews
pursuant  to  Article  11(2)  of  the  Basic  Regulation  on  imports  of  PTY  originating  in
Indonesia, Malaysia,Taiwan and Thailand.

(15) 

In  accordance  with  Article  9(1)  of  the  Basic  Regulation,  the  proceedings  may  be
terminated where the complaint is withdrawn unless such termination would not be in
the Community interest.

(16)  On the basis of the above, it is considered that the expiry reviews should be terminated
since the investigations have not brought to light any considerations showing that such
terminations  would  not  be  in  the  Community  interest.  Moreover,  it  is  no  longer
considered to be in the Community interest to continue the interim reviews concerning
the  anti-dumping  measures  in  force  against  imports  of  PTY  originating  in  Indonesia
and Taiwan.

(17) 

(18) 

Interested  parties  were  informed  accordingly  and  were  given  the  opportunity  to
comment. No comments were received indicating that such termination would not be
in the Community interest.

It  is  therefore  concluded  that  the  anti-dumping  proceedings  concerning  imports  of
PTY  originating  in  Indonesia,  Malaysia,  Taiwan  and  Thailand  should  be  terminated
without imposition of measures.

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18

OJ C 248, 6.9.2001, p. 2.
OJ C 135, 6.6.2002, p. 10.

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HAS ADOPTED THIS REGULATION:

Sole Article

The  anti-dumping  proceedings  concerning  imports  of  polyester  textured  yarns  currently
classifiable within CN Code 5402 33 00 and originating in Taiwan, Indonesia, Thailand and
Malaysia are hereby terminated.

Done at Brussels, […]

For the Council
The President

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