Notice of initiation of an interim review of the antidumping measures applicable to imports of polyester staple fibres originating in the Republic of Korea and Taiwan
Date: 2003-12-19
Institutions: European Commission
Subjects: South Korea, Taiwan, anti-dumping measure, import, originating product, plastics

C 309/2

EN

Official Journal of the European Union

19.12.2003

Notice of initiation of an interim review of the antidumping measures applicable to imports of
polyester staple fibres originating in the Republic of Korea and Taiwan

(2003/C 309/02)

The Commission has received a request for an 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’).

The applicant has provided evidence that
the
product concerned from the Republic of Korea and Taiwan
are significant in absolute terms and in terms of market share.

imports of

1. REQUEST FOR REVIEW

The request was lodged by the Comité International de la
(‘the applicant’)
Rayonne et des Fibres Synthétiques (CIRFS)
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

review is

The product under
staple fibres of
polyesters, not carded, combed or otherwise processed for
spinning originating in the Republic of Korea and Taiwan
(‘the product concerned’), currently classifiable within CN
code 5503 20 00. This CN code is given only for information.

synthetic

3. EXISTING MEASURES

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 2852/2000 (3)
and Council Regulation (EC) No 1728/1999 (4).

4. GROUNDS FOR THE REVIEW

The applicant claims that dumping and injury have recurred
and that
to
counteract the injurious dumping.

the existing measures are no longer sufficient

The allegation of dumping in respect of the Republic of Korea
and Taiwan 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.

On this basis, the dumping margins calculated are significantly
higher than the dumping found in the previous investigation
that led to the existing measures for all exporting countries
concerned.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 332, 28.12.2000, p. 17.
(4) OJ L 204, 4.8.1999, p. 3.

is also alleged that

the volumes and the prices of

It
the
imported product concerned have continued, among other
consequences, to have 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 sufficient evidence exists to justify the initiation of an
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation.

In the event that the present investigation is still in progress at
the five year period of application (as defined
the end of
pursuant
the
measures specified under point 3 of this notice, the provisions
of Article 11(7) of the basic Regulation shall apply accordingly.

the basic Regulation) of

to Article 11(2) of

5.1. Procedure for the determination of dumping and
injury

The investigation will determine whether or not
there is
dumping and injury and if there is a need for the continuation,
removal or amendment of the existing measures.

(a) Sampling

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

(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 R e p u b l i c o f K o r e a a n d T a i w a n

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
companies within the time limit set
in paragraph
6(b)(i) and in the formats indicated in paragraph 7 of
this notice:

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Official Journal of the European Union

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— 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

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

— the precise activities of the company with regard to
the production of the product concerned and the
volume in tonnes of the product concerned, the
production capacity
in
and
production capacity during the period 1 January
2003 to 30 November 2003,

investments

the

— 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,

— 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 countries, 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

(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
cases involving non market economy countries, and article 2(7)(b)
of the basic Regulation for companies claiming market economy
status. Note that claims for individual
treatment necessitate an
application pursuant to Article 9(5) of the basic Regulation and
regarding market economy status necessitate an
that claims
application pursuant to Article 2(7)(b) of the basic Regulation.
(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).

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,

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

— the total number of employees,

— the precise activities of the company with regard to
the product concerned and the volume in tonnes of
the product concerned during the period 1 January
2003 to 30 November 2003,

— 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 Republic of Korea
and Taiwan,

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,

— any other relevant information that would assist the

Commission in the selection of the sample,

— 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
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.

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Official Journal of the European Union

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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

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.

sufficient

forthcoming,

cooperation is not

the
If
in accordance
Commission may base its
with Articles 17(4) and 18 of the basic Regulation,
on the facts available. A finding based on facts
available may be less advantageous
to the party
concerned, as explained in paragraph 8 of this notice.

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 in the Republic of Korea and Taiwan to any
association
sampled
importers, to any association of importers named in the
request or which co-operated in the investigation leading
to the measures subject to the present review, and to the
authorities of the exporting countries concerned.

exporters/producers,

the

to

of

Exporters in the Republic of Korea and Taiwan claiming an
individual margin, with a view to the application of Articles
17(3) and 9(6) of the basic Regulation, should request a
questionnaire within the time limit set in point 6(a)(i) of
this notice, given that
they have to submit a duly
completed questionnaire within the general time limit set
in point 6(a)(ii) of this notice. However, parties should be
aware that if sampling is applied to exporting producers the
Commission may decide not to grant individual margins, if
it would be unduly burdensome and would prevent the
timely completion of the investigation.

interested parties should contact

the
In any event, all
to find out
Commission forthwith by fax in order
if necessary,
whether they are listed in the request and,
request a questionnaire within the time limit
in
set
paragraph 6(a)(i) of this notice, given that the time limit
set
to all
interested parties.

in paragraph 6(a)(ii) of

this notice applies

(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 must reach the Commission within the
time limit set in paragraph 6(a)(ii) 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(a)(iii) of this notice.

5.2. Procedure for the assessment of Community interest

repeal

to maintain, amend or

In accordance with Article 21 of the basic Regulation and in
the event that the likelihood of a continuation of dumping and
injury is confirmed, a determination will be made as to
whether
the anti-dumping
measures would not be against the Community interest. For
this reason the Community industry, importers, their represen-
tative associations,
representative users and representative
consumer organisations, provided that they prove that there
is an objective link between their activity and the product
in
concerned, may, within the general
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 previous sentence may
request a hearing, setting the particular reasons why they
in paragraph
should be heard, within the time limit set
6(a)(iii) of this notice. It should be noted that any information
to Article 21 will only be taken into
submitted pursuant
account
the time of
submission.

if supported by factual evidence at

limits

time

set

6. TIME LIMITS

(a) General time limits

(i) F o r

p a r t i e s

t o
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

r e q u e s t

a

q u e s -

All
interested parties who did not co-operate in the
investigation leading to the measures subject to the
present
review should request a questionnaire or
other claim forms as soon as possible, but not later
than 15 days after the 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
k n o w n ,
s u b m i t
r e p l i e s a n d a n y o t h e r i n f o r m a t i o n

t h e m s e l v e s
q u e s t i o n n a i r e

t o

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 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 limit specified in
paragraph 6(b)(iii) of this notice.

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Official Journal of the European Union

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(iii) H e a r i n g s

Commission address for correspondence:

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 within 15
5.1(a)(ii)
days of the date of publication of this notice in the
Journal of the European Union, given that the
Official
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)(iii) 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

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, in accordance with Article 18 of the
basic Regulation, of the facts available. If an interested party
does not co-operate, or co-operates only partially, and use of
the facts available is made, the result may be less favourable
than if it had co-operated.

(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.

9. INVESTIGATION PERIOD

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,
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 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’.

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.

(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