Council Regulation (EC) No 1671/2003 of 22 September 2003 terminating the anti-dumping proceedings concerning imports of polyester textured filament yarn (PTY) originating in Taiwan, Indonesia, Thailand and Malaysia
Date: 2003-09-22
Institutions: Council of the European Union
Subjects: Indonesia, Malaysia, Taiwan, Thailand, anti-dumping legislation, import, originating product, textile fibre

24.9.2003

EN

Official Journal of the European Union

L 237/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1671/2003

of 22 September 2003

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,

2. Expiry and interim reviews investigations

Having regard to the Treaty establishing the European
Community,

T a i w a n

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 Community (1), herein-
after 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. Previous investigations and existing measures

(1)

(2)

(3)

to Regulation (EEC) No 3905/88 (2),

the
Pursuant
imposed a definitive anti-dumping duty on
Council
imports into the Community of polyester textured fila-
ment yarn (hereinafter ‘PTY’) originating in Taiwan.

Pursuant to Regulation (EC) No 2160/96 (3), the Council
imposed a definitive anti-dumping duty on imports into
the Community of PTY originating in Indonesia and
Thailand.

Pursuant to Regulation (EC) No 1001/97 (4), 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 was reduced
to 3,2 % in accordance with Regulation (EC) No 1992/
2000 (5).

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).

(2) OJ L 347, 16.12.1988, p. 10. Regulation as amended by Regulation
(EC) No 1074/96 (OJ L 141, 14.6.1996, p. 45) and Regulation (EC)
No 2010/2000 (OJ L 241, 26.9.2000, p. 1).

(3) OJ L 289, 12.11.1996, p. 14. Regulation as last amended by Regu-

lation (EC) No 1078/2001 (OJ L 149, 2.6.2001, p. 5).

(4) OJ L 145, 5.6.1997, p. 1.
(5) OJ L 238, 22.9.2000, p. 1.

(4)

(5)

(6)

(7)

(8)

impending
Following the publication of a notice of
expiry (6) 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.

after

Having determined,
consulting the Advisory
Committee, that sufficient evidence existed for the initia-
tion of an expiry review, the Commission initiated an
investigation (7) pursuant to Article 11(2) of the basic
Regulation.

The Commission simultaneously initiated on its own
initiative an investigation (8) pursuant to Article 11(3) of
the basic Regulation, after having determined that suffi-
cient 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.

Indonesi a

impending
Following the publication of a notice of
expiry (9) 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.

after

consulting the Advisory
Having determined,
Committee, that sufficient evidence existed for the initia-
tion of an expiry review, the Commission initiated an
investigation (10) pursuant to Article 11(2) of the basic
Regulation.

(6) OJ C 361, 15.12.2000, p. 2.
(7) OJ C 170, 14.6.2001, p. 2.
(8) OJ C 129, 31.5.2002, p. 5.
(9) OJ C 74, 7.3.2001, p. 2.
(10) OJ C 316, 10.11.2001, p. 9. (The notice of initiation of this expiry

review also included imports of PTY from Thailand.)

L 237/2

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Official Journal of the European Union

24.9.2003

(9)

The Commission simultaneously initiated on its own
initiative an investigation (1) pursuant to Article 11(3) of
the basic Regulation, after having determined that suffi-
cient evidence existed to justify the initiation of an
interim review with regard to imports of PTY originating
the Advisory
in Indonesia,
Committee.

and after

consulting

Th ai la nd

(10)

impending
Following the publication of a notice of
expiry (2) 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 initia-
tion of an expiry review, the Commission initiated an
investigation (3) pursuant to Article 11(2) of the basic
Regulation.

Malaysi a

(12)

Following the publication of a notice of the impending
expiry (4) of
the anti-dumping measures in force on
imports of PTY originating in Malaysia, the Commission
received a request
to
Article 11(2) of the basic Regulation.

for an expiry review pursuant

(13) Having determined,

after

consulting the Advisory
Committee, that sufficient evidence existed for the initia-
tion of an expiry review, the Commission initiated an
investigation (5) pursuant to Article 11(2) of the basic
Regulation.

B. WITHDRAWAL OF THE COMPLAINT AND TERMINA-

TION OF THE PROCEEDINGS

(14)

By a letter dated 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 investiga-
tions have not brought
to light any considerations
showing that such terminations would not be in the
Community interest. Moreover, it is no longer consid-
ered 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 indi-
cating that such termination would not be in the
Community interest were received.

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

HAS ADOPTED THIS REGULATION:

Article 1

The anti-dumping proceedings concerning imports of polyester
textured filament yarn (PTY) currently classifiable within CN
code 5402 33 00 and originating in Taiwan, Indonesia, Thai-
land and Malaysia are hereby terminated.

Article 2

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

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

Done at Brussels, 22 September 2003.

For the Council

The President

R. BUTTIGLIONE

(1) OJ C 129, 31.5.2002, p. 2.
(2) OJ C 74, 7.3.2001, p. 2.
(3) OJ C 316, 10.11.2001, p. 9. (The notice of initiation of this expiry

review also included imports of PTY from Indonesia.)

(4) OJ C 248, 6.9.2001, p. 2.
(5) OJ C 135, 6.6.2002, p. 10.