Proposal for a Council Regulation terminating the anti-dumping proceeding concerning imports of sacks and bags made of polyethylene or polypropylene originating in the People's Republic of China, India, Indonesia and Thailand
Date: 2004-01-08
Institutions: European Commission
Subjects: China, India, Indonesia, Thailand, anti-dumping legislation, import, originating product, plastics

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 8.1.2004
COM(2003) 848 final

Proposal for a

COUNCIL REGULATION

terminating the anti-dumping proceeding concerning imports of sacks and bags made of
polyethylene or polypropylene originating in the People's Republic of China, India,
Indonesia and Thailand

(presented by the Commission)

EN

  EN

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EXPLANATORY MEMORANDUM

On 9 October 2002, the Commission announced by a notice published in the Official
Journal of the European Communities (OJ C 243, 9.10.2002,  p.10)  the initiation of
an expiry review concerning imports into the Community of sacks and bags made of
polyethylene or polypropylene originating in the People's Republic  of  China,  India,
Indonesia  and  Thailand.  The  request  for  this  review  had  been  lodged  by  the
European Association for Textile Polyolefins (EATP).

By  a  letter  dated  22  October  2003  addressed  to  the  Commission,  EATP  formally
withdrew its request for an expiry review.

The attached proposal for a Council Regulation is based on considerations showing
that the continuation of measures would not be in the Community interest. 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.

The  advisory  Committee  was  consulted  on  17  November  2003  and  all  Member
States expressed a favourable opinion.

It  is  therefore  proposed  that  the  Council  adopt  the  attached  proposal  for  a  Council
Regulation.

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Proposal for a

COUNCIL REGULATION

terminating the anti-dumping proceeding concerning imports of sacks and bags made of
polyethylene or polypropylene originating in the People's Republic of China, India,
Indonesia and Thailand

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,  and  in
particular Articles 9 and 11(2) thereof,

Having  regard  to  the  proposal  submitted  by  the  Commission  after  consulting  the  Advisory
Committee,

Whereas:

A. PROCEDURE

(1)

(2)

(3)

(4)

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Following  the  publication  of  a  notice  of  impending  expiry  of  the  anti-dumping
measures in force on imports of sacks and bags originating in the People's Republic of
China,  India,  Indonesia  and  Thailand2,  the  Commission  received  on  8  July  2002  a
request to review these measures pursuant to Article 11(2) of Council Regulation (EC)
No 384/96 ("Basic Regulation").

The  request  was  lodged  by  the  European  Association  for  Textile  Polyolefins
(“EATP”)  on  behalf  of  Community  producers  representing  32.03%  of  the  total
Community production of sacks and bags made of polyethylene or polypropylene.

The  request  contained  prima  facie  evidence  showing  that  there  would  be  a
continuation or recurrence of injurious dumping should measures be allowed to lapse,
which was considered sufficient to justify the initiation of an expiry review.

Accordingly, the Commission, after consultation of the Advisory Committee, initiated
by a notice published in the Official Journal of the European Communities3 an expiry
review  of  the  anti-dumping  measures  applicable  to  imports  into  the  Community  of
sacks  and  bags  made  of  polyethylene  or  polypropylene,  currently  classifiable  within
CN code 6305 32 81, 6305 33 91, ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90
originating in the People's Republic of China, India, Indonesia and Thailand.

OJ  L  56,  6.3.1996,  p.  1,  Regulation  as  last  amended  by  Regulation  (EC)  N°  1972/2002  (OJ  L  305,
7.11.2002, p.1)
OJ C 10, 12.1.2002, p.2 and OJ C 16, 19.1.2002, p.2
OJ C 243, 9.10.2002, p.10

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(5)

(6)

(7)

(8)

(9)

The  Commission  officially  advised  the  exporting  producers,  importers  known  to  be
concerned,  the  representatives  of  the  exporting  country,  the  representative  users  and
the Community producers. Interested parties were given the opportunity to make their
views known  in  writing  and  to  request  a  hearing  within  the  time  limit  set  out  in  the
notice of initiation.

B. WITHDRAWAL OF THE REQUEST AND TERMINATION OF THE
PROCEEDING

By  a  letter  of  22  October  2003  to  the  Commission,  EATP  formally  withdrew  its
request  for  an  expiry  review  concerning  imports  of  sacks  and  bags  made  of
polyethylene  or  polypropylene  originating  in  the  People's  Republic  of  China,  India,
Indonesia and Thailand.

According  to  Articles  9(1)  and  11(2)  of  the  Basic  Regulation,  a  proceeding  may  be
terminated where the request for a review is withdrawn, unless such termination would
not be in the Community interest.

It  was  considered  that  the  present  proceeding  should  be  terminated  since  the
investigation  had  not  brought  to  light  any  considerations  showing  that  such
termination would not be in the Community interest. Interested parties were informed
accordingly and were given the opportunity to comment. However, no comments were
received  from any party.  Consequently,  there is  no indication  that  the termination of
the measures would not be in the Community interest.

It was therefore concluded that the anti-dumping proceeding concerning imports into
the Community of sacs and bags made of polyethylene or polypropylene originating in
the  People's  Republic  of  China,  India,  Indonesia  and  Thailand  should  be  terminated
and that the existing measures should be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

The  anti-dumping  measures  concerning  imports  of  sacks  and  bags  made  of  polyethylene  or
polypropylene, currently classifiable within CN-codes 6305 32 81, 6305 33 91, ex 3923 21 00
(TARIC code: 3923 21 00*10), ex 3923 29 10 (TARIC code: 3923 29 10*10) and ex 3923 29
90 (TARIC code: 3923 29 90*10) and originating in the People’s Republic of China,  India,
Indonesia and Thailand, are hereby repealed and the proceeding  concerning these imports is
terminated.

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

Article 2

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

Done at Brussels,

For the Council
The President

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