Notice of initiation of an anti-dumping proceeding concerning imports of polyester staple fibres originating in the People's Republic of China and Saudi Arabia
Date: 2003-12-19
Institutions: European Commission
Subjects: China, Saudi Arabia, anti-dumping legislation, import, originating product

C 309/6

EN

Official Journal of the European Union

19.12.2003

Notice of initiation of an anti-dumping proceeding concerning imports of polyester staple fibres
originating in the People's Republic of China and Saudi Arabia

(2003/C 309/03)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1), as last amended by
Council Regulation (EC) No 1972/2002 (2)
(‘the basic Regu-
lation’), alleging that imports of polyester staple fibres, orig-
inating in the People's Republic of China and Saudi Arabia (‘the
countries concerned’), are being dumped and are thereby
causing material injury to the Community industry.

1. COMPLAINT

The complaint was lodged on 10 November 2003 by the
Comité International de la Rayonne et des Fibres Synthétiques
(CIRFS) (‘the complainant’) on behalf of producers representing
a major proportion, in this case more than 40 %, of the total
Community production of polyester staple fibres.

2. PRODUCT

The product allegedly being dumped is synthetic staple fibres
of polyesters, not carded, combed or otherwise processed for
spinning originating in the People's Republic of China and
Saudi Arabia (‘the product concerned’), normally declared
within CN code 5503 20 00. This CN code is only given for
information.

3. ALLEGATION OF DUMPING

The allegation of dumping for Saudi Arabia is based, in the
absence of reliable data on domestic prices, on a comparison of
a constructed normal value with the export prices of
the
product concerned to the Community.

In view of provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for the People's
Republic of China on the basis of a constructed normal
value in a market economy country, which is mentioned in
paragraph 5.1(d) of this notice. The allegation of dumping is
based on a comparison of normal value, thus calculated, with
the export prices of the product concerned when sold for
export to the Community.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.

On this basis, the dumping margins calculated are significant
for all exporting countries concerned.

4. ALLEGATION OF INJURY

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China and
Saudi Arabia have increased overall in absolute terms and in
terms of market share.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the market share held and the level of
prices charged by the Community industry,
resulting in
substantial adverse effects on the overall performance and the
financial situation of the Community industry.

5. PROCEDURE

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the
Community industry and that there is sufficient evidence to
justify the initiation of a proceeding, the Commission hereby
initiates an investigation pursuant to Article 5 of the basic
Regulation.

5.1. Procedure for the determination of dumping and
injury

investigation will

the product
The
concerned originating in the People's Republic of China and
Saudi Arabia is being dumped and whether this dumping has
caused injury.

determine whether

(a) Sampling

In view of the apparent large number of parties involved in
this proceeding,
the Commission may decide to apply
sampling in accordance with Article 17 of the basic Regu-
lation.

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Official Journal of the European Union

C 309/7

(i) S a m p l i n g

f o r

e x p o r t e r s / p r o d u c e r s

i n

t h e P e o p l e ' s R e p u b l i c o f C h i n a

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters/producers, or representatives acting on their
behalf, are hereby requested to make themselves
known by contacting the Commission and providing
company or
the
following information on their
in paragraph
companies within the time limit set
6(b)(i) and in the format indicated in paragraph 7 of
this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the turnover in local currency and the volume in
tonnes of the product concerned sold for export to
the Community during the period 1 January 2003
to 30 November 2003,

— the turnover in local currency and the sales volume
in tonnes
the product concerned on the
domestic market during the period 1 January
2003 to 30 November 2003,

for

— an indication of whether

company or
companies agree to their inclusion in the sample,
which implies replying to a questionnaire and
accepting an on-the-spot
their
response.

investigation of

the

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will,
in addition, contact the auth-
orities of
the exporting country, and any known
associations of exporters/producers.

(ii) S a m p l i n g f o r i m p o r t e r s

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
on their company or companies within the time limit
set in paragraph 6(b)(i) and in the formats indicated in
paragraph 7 of this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— whether the company intends to claim an indi-
vidual margin (1) (individual margins can only be
claimed by producers),

— the total turnover in euro of the company during
the period 1 January 2003 to 30 November 2003,

— the precise activities of the company with regard to

the production of the product concerned,

— the total number of employees,

— the names and the precise activities of all related
involved in the production and/or
the product

companies (2)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

(1) Individual margins may be claimed pursuant to Article 17(3) of the
basic Regulation for companies not included in the sample, Article
9(5) of the basic Regulation concerning individual treatment in
involving non market economy countries, and Article
cases
the basic Regulation for companies claiming market
2(7)(b) of
economy status. Note
treatment
necessitate an application pursuant to Article 9(5) of the basic
Regulation and that claims
regarding market economy status
necessitate an application pursuant to Article 2(7)(b) of the basic
Regulation.

individual

claims

that

for

— the precise activities of the company with regard to

the product concerned,

— the volume in tonnes and value in euro of imports
into and resales made in the Community market
the period 1 January 2003 to 30
during
November
product
concerned originating in the People's Republic of
China and Saudi Arabia,

imported

2003

the

of

— the names and the precise activities of all related
involved in the production and/or

companies (2)
selling of the product concerned,

(2) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

— any other relevant information that would assist the

Commission in the selection of the sample,

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Official Journal of the European Union

19.12.2003

— an indication of whether

company or
companies agree to their inclusion in the sample,
which implies replying to a questionnaire and
accepting an on-the-spot
their
response.

investigation of

the

In order to obtain the information it deems necessary
the
for the selection of
Commission will,
in addition, contact any known
associations of importers.

the sample of

importers,

(iii) F i n a l s e l e c t i o n o f

t h e s a m p l e s

All
interested parties wishing to submit any relevant
information regarding the selection of the sample must
do so within the time limit set in paragraph 6(b)(ii) of
this notice.

samples

The Commission intends to make the final selection of
the
consulted the parties
concerned that have expressed their willingness to be
included in the sample.

after having

(ii) E x p o r t e r s / p r o d u c e r s c l a i m i n g a n i n d i -
v i d u a l m a r g i n i n t h e P e o p l e ' s R e p u b l i c
o f C h i n a

Exporters/producers in the People's Republic of China
claiming an individual margin, with a view to the
application of Articles 17(3) and 9(6) of the basic Regu-
lation, must submit a completed questionnaire within
the time limit set in paragraph 6(a)(ii) of this notice.
They therefore have to request a questionnaire within
the time limit set in paragraph 6(a)(i) of this notice.
However,
if
sampling
the
Commission may nonetheless decide not to calculate
the number of
an individual margin for
exporters/producers is so large that individual exam-
ination would be unduly burdensome and would
prevent the timely completion of the investigation.

such parties
applied
is

exporters/producers,

should be

aware

them,

that

to

if

(c) 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 has to reach the Commission within
the time limit set in paragraph 6(a)(ii) of this notice.

Companies included in the samples must reply to a
questionnaire within the time limit set in paragraph
6(b)(iii) of this notice and must cooperate within the
framework of the investigation.

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(a)(iii) of this notice.

sufficient

cooperation is not

the
If
Commission may base its
in accordance
with Articles 17(4) and 18 of the basic Regulation,
on the facts available.

forthcoming,

findings,

(b) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the Community industry and to any association of
producers in the Community, to the sampled exporters/
producers
to the
exporters/producers in Saudi Arabia, to any association of
exporters/producers,
to any
association of importers named in the complaint, and to
the authorities of the exporting countries concerned.

in the People's Republic of China,

to the sampled importers,

(i) E x p o r t e r s / p r o d u c e r s i n S a u d i A r a b i a

such

should

contact

interested

All
the
parties
Commission forthwith by fax, but not later than the
time limit set out in paragraph 6(a)(i) of this notice,
in order to find out whether they are listed in the
complaint and,
if necessary, request a questionnaire,
given that the time limit set in paragraph 6(a)(ii) of
this notice applies to all such interested parties.

(d) Selection of the market economy country

In accordance with Article 2(7)(a) of the basic Regulation, it
is envisaged to choose the United States of America as an
appropriate market economy country for the purpose of
establishing normal value
the People's
Republic of China. Interested parties are hereby invited to
comment on the appropriateness of this choice within the
specific time limit set in paragraph 6(c) of this notice.

in respect of

(e) Market economy status

For those exporters/producers in the People's Republic of
China who claim and provide sufficient evidence that they
operate under market economy conditions,
i.e. that they
meet the criteria laid down in Article 2(7)(c) of the basic
Regulation, normal value will be determined in accordance
with Article 2(7)(b) of
the basic Regulation. Exporters/
producers intending to submit duly substantiated claims
must do so within the specific time limit set
in point
this notice. The Commission will send claim
6(d) of
forms to all exporters/producers in the People's Republic
of China who have either been included in the sample or
named in the complaint and to any association of
exporters/producers named in the complaint, as well as to
the authorities of the People's Republic of China.

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Official Journal of the European Union

C 309/9

5.2. Procedure for assessment of Community interest

this

their

industry,

they prove that

link between their

the Community interest. For

In accordance with Article 21 of the basic Regulation and in
the event that the allegations of dumping and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of anti-dumping measures would not
reason the
be against
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
and the product
objective
concerned, may, within the general
in
paragraph 6(a)(ii) of this notice, make themselves known and
provide the Commission with information. The parties which
have acted in conformity with the precedent sentence may
request a hearing setting the particular reasons why they
should be heard within the time limit set
in paragraph
6(a)(iii) of this notice. It should be noted that any information
to Article 21 will only be taken into
submitted pursuant
the time of
account
submission.

if supported by factual evidence at

activity

limits

time

set

within 15 days of the date of publication of this notice
in the Official Journal of the European Union, given that
the Commission intends to consult parties concerned
that have expressed their willingness to be included in
the sample on its final selection within a period of 21
days of the publication of this notice in the Official
Journal of the European Union.

(ii) All other information relevant for the selection of the
sample as referred to in 5.1(a)(ii) must reach the
Commission within a period of 21 days of the publi-
cation of
the
European Union.

this notice in the Official

Journal of

(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date
of the notification of their inclusion in the sample.

6. TIME LIMITS

(a) General time limits

(i) F o r p a r t i e s t o r e q u e s t a q u e s t i o n n a i r e

o r o t h e r c l a i m f o r m s

All interested parties should request a questionnaire as
soon as possible, but not later than 15 days after the
publication of this notice in the Official Journal of the
European Union.

(c) Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the
appropriateness of the United States of America which, as
mentioned in paragraph 5.1(d) of this notice, is envisaged
as a market-economy country for the purpose of estab-
lishing normal value in respect of the People's Republic
of China. These comments must reach the Commission
within 10 days of the date of publication of this notice
in the Official Journal of the European Union.

(ii) F o r p a r t i e s t o m a k e t h e m s e l v e s k n o w n ,
a n d
q u e s t i o n n a i r e

r e p l i e s

s u b m i t

t o
a n y o t h e r i n f o r m a t i o n

All interested parties, if their representations are to be
taken into account during the investigation, must make
themselves known by contacting the Commission,
present their views and submit questionnaire replies
or any other information (including the substantiated
claims for individual treatment pursuant to Article 9(5)
of the basic Regulation) within 40 days of the date of
publication of this notice in the Official Journal of 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.

Companies selected in a sample must submit ques-
tionnaire replies within the time limits specified in
paragraph 6(b)(iii) of this notice.

(iii) H e a r i n g s

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

(b) Specific time limit in respect of sampling

(i) The information specified in paragraph 5.1(a)(i) and
should reach the Commission

5.1(a)(ii)

samples

(d) Specific time limit for submission of claims for market economy

status

Duly substantiated claims for market economy status, as
mentioned in point 5.1(e) of this notice, must reach the
Commission within 21 days of the date of the selection of
any sample or as determined by the Commission.

7. WRITTEN SUBMISSIONS, QUESTIONNAIRE REPLIES AND
CORRESPONDENCE

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,
the interested
telephone and fax, and/or telex numbers of
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 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

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Official Journal of the European Union

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Commission address for correspondence:

9. SCHEDULE OF THE INVESTIGATION

European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
Fax (32-2) 295 65 05
Telex COMEU B 21877

8. NON-COOPERATION

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
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, in accordance with Article 18 of the
basic Regulation, of the facts available. If an interested party
does not cooperate, or cooperates only partially, and use of the
best facts available is made, the result may be less favourable
than if it had cooperated.

The investigation will be concluded, according to Article 6(9)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
the basic Regulation,
Union. According to Article 7(1) of
provisional measures may be imposed no later than nine
months from the publication of
this notice in the Official
Journal of the European Union.

10. INVESTIGATION PERIOD

that

to the initiation of

The investigation period for dumping covers the period from 1
January 2003 to 31 December 2003. Article 6(1) of the Basic
the investigation period should
Regulation stipulates
normally end immediately prior
the
proceeding. However, given the particular circumstances of
this case, the Commission considered that it was more appro-
priate to select an investigation period coinciding with the
calendar year 2003. According to the information available
to the Commission,
the calendar year corresponds to the
fiscal year of most exporters and Community producers,
which facilitates the collection of data and subsequent verifi-
cations. For this reason, and furthermore taking into account
that the present investigation is initiated almost at the end of
the year 2003, it was considered appropriate to use data of the
calendar year, rather than the 12 months immediately prior to
the initiation.

Non-opposition to a notified concentration

(Case COMP/M.3228 — Nestlé/Colgate-Palmolive JV)

(2003/C 309/04)

(Text with EEA relevance)

On 10 December 2003, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in English and will be
made public after it is cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 303M3228. CELEX

is the computerised documentation system of European Community law.

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