Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of polyethylene terephthalate (PET) film originating, inter alia, in India
Date: 2003-11-22
Institutions: European Commission
Subjects: India, anti-dumping measure, import, originating product, plastics

C 281/4

EN

Official Journal of the European Union

22.11.2003

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of polyethylene terephthalate (PET) film originating, inter alia, in India

(2003/C 281/03)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 (1), as last amended by Council Regulation (EC) No
1972/2002 (2) (the basic Regulation).

1. Request for review

request was

The
following Community
producers: Du Pont Teijin Films, Mitsubishi Polyester Film
GmbH, Toray Plastics Europe SA, Nuroll SpA (the applicants).

lodged by the

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation, limited
in scope to the form of the measures.

The investigation will assess the need for the amendment of the
form of the existing measures.

2. Product

The product under review is polyethylene terephthalate (PET)
film originating in India (the product concerned), normally
declared within CN codes ex 3920 62 19 and ex 3920 62 90.
These CN codes are given only for information.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
exporting producers in India and to the Indian authorities.
This information and supporting evidence should reach the
Commission within the time limit set in point 6(a) of this
notice.

3. Existing measures

The anti-dumping measures currently in force are a definitive
duty imposed by Council Regulation (EC) No 1676/2001 (3) on
imports of polyethylene terephthalate (PET) film originating,
inter alia, in India and undertakings accepted by Commission
Decision 2001/645/EC (4).

(b) Collection of information and holding of hearings

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

4. Grounds for the review

The applicants have provided information that the form of the
measures,
is no longer effective in removing the injurious
dumping.

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(b) of
this notice.

The applicants allege that, since the acceptance of the under-
takings, based on minimum import prices,
the range of
products sold by the exporters concerned has developed,
notably to include more technically sophisticated film, so that
the minimum prices under which some products may be
categorized no longer reflect their true value, and thus the
mechanism of the measures is no longer adequate in view of
the new technological developments. Consequently, the under-
takings are said to be no longer adequate to eliminate the
injurious effects of dumping. The applicants therefore request
a review of the form of the measures.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 227, 23.8.2001, p. 1.
(4) OJ L 227, 23.8.2001, p. 56.

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 making itself known
within the aforementioned period.

Journal of

22.11.2003

EN

Official Journal of the European Union

C 281/5

(b) Hearings

Commission address for correspondence:

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 corre-
spondence provided by interested parties on a confidential
basis shall be labeled 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
labeled ‘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 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. If an interested
party does not cooperate or cooperates only partially, and
findings are therefore based on facts available in accordance
with Article 18, the result may be less favorable to the party
than if it had cooperated.

Prior notification of a concentration

(Case COMP/M.3306 — E.ON/Midlands Electricity)

(2003/C 281/04)

(Text with EEA relevance)

On 17 November 2003 the Commission received notification of a proposed concentration pursuant
1.
to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No
1310/97 (2), by which the German undertaking E.ON AG (‘E.ON’) acquires within the meaning of
Article 3(1)(b) of the Regulation joint control of the whole of the British undertaking Midlands Electricity
plc (‘Midlands’) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— E.ON: generation, distribution and supply of electricity, gas, water, chemical products and oil; provision

of telecommunications services and real estate management,

— Midlands Electricity: generation, distribution and supply of electricity and gas.

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.