Notice of initiation of an anti-dumping proceeding concerning imports of polyester high tenacity filament yarn originating in Belarus, the Republic of Korea and Taiwan
Date: 2004-01-28
Institutions: European Commission
Subjects: Belarus, South Korea, Taiwan, anti-dumping legislation, complaint to the Commission, originating product, plastics

C 24/20

EN

Official Journal of the European Union

28.1.2004

Notice of initiation of an anti-dumping proceeding concerning imports of polyester high tenacity
filament yarn originating in Belarus, the Republic of Korea and Taiwan

(2004/C 24/05)

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 high tenacity
filament yarn, originating in Belarus, the Republic of Korea
and Taiwan (‘the countries concerned’), are being dumped
and are thereby causing material
injury to the Community
industry.

1. COMPLAINT

The complaint was lodged on 15 December 2003 by the
Comité International de la Rayonne et des Fibres Synthétiques
(‘the complainant’) on behalf of producers representing a major
proportion,
the total
in this case more than 70 %, of
Community production of polyester high tenacity filament
yarn.

2. PRODUCT

The product allegedly being dumped is high-tenacity yarn of
polyesters (other than sewing thread), not put up for retail sale,
including monofilament of polyesters of less than 67 decitex
originating in Belarus, the Republic of Korea and Taiwan (‘the
product
concerned’), normally declared within CN code
5402 20 00. This CN code is only given for information.

3. ALLEGATION OF DUMPING

The allegation of dumping for 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.

In view of provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for Belarus 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.

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 Belarus, the Republic of Korea and
Taiwan 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

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

negative impact on the market share held, the quantities sold
and the level of prices charged by the Community industry,
effects on the overall
resulting
adverse
performance and the financial situation of
the Community
industry.

in substantial

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
the product
concerned originating in Belarus, the Republic of Korea and
Taiwan 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.

(i) S a m p l i n g

f o r
i n t h e R e p u b l i c o f K o r e a

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

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 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 31 December 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 31 December 2003,

for

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Official Journal of the European Union

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

— the precise activities of the company with regard to

the production of the product concerned,

— 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,
in addition, contact the auth-
the Commission will,
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 by
the
contacting
providing
company
following
or
in paragraph
companies within the time limit set
6(b)(i) and in the formats indicated in paragraph 7 of
this notice:

the Commission and
their
information

on

— 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 31 December 2003,

— the volume in tonnes and value in euro of imports
into and resales made in the Community market
during the period 1 January 2003 to 31 December
the imported product concerned orig-
2003 of
the Republic of Korea and
inating in Belarus,
Taiwan,

— 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

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.

sample

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

after having

consulted

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

sufficient co-operation 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,

— the total number of employees,

(b) Questionnaires

— the precise activities of the company with regard to

the product concerned,

(1) Individual margins may be claimed pursuant to Article 17(3) of the

basic Regulation by companies not included in the sample.

(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).

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,
to the exporters/
producers in Belarus and Taiwan, to any association of
exporters/producers,
to any
association of importers named in the complaint, and to
the authorities of the exporting countries concerned.

to the sampled importers,

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(i) E x p o r t e r s / p r o d u c e r s

i n B e l a r u s

a n d

T a i w a n a n d i m p o r t e r s

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
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.

to find out whether

(ii) E x p o r t e r s / p r o d u c e r s
i n d i v i d u a l m a r g i n
c o n c e r n e d

c l a i m i n g

a n
c o u n t r y ( i e s )

i n

Exporters/producers in the Republic of Korea claiming
an individual margin, with a view to the application of
Articles 17(3) and 9(6) of the basic Regulation, 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, such
parties should be aware that if sampling is applied to
exporters/producers, the Commission may nonetheless
decide not to calculate an individual margin for them, if
the number of exporters/producers is so large that indi-
vidual examination would be unduly burdensome and
would prevent the timely completion of the investi-
gation.

the general time limit set in paragraph 6(a)(ii) of this notice.
The Commission will send claim forms to all exporters/
producers in Belarus named in the complaint and to any
association of exporters/producers named in the complaint,
as well as to the authorities of Belarus.

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
representative
importers,
Community
associations, representative users and representative consumer
organisations, provided that
there is an
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
account
the time of
submission.

if supported by factual evidence at

activity

limits

time

set

6. TIME LIMITS

(c) Collection of information and holding of hearings

(a) General time limits

submit
to
and

information other

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

supporting

evidence.

provide

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.

(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 in respect of Belarus. Interested
parties are hereby invited to comment on the appropri-
ateness of this choice within the specific time limit set in
paragraph 6(c) of this notice.

(e) Exporters/producers claiming individual treatment in Belarus

in Belarus may

Exporters/producers
claim individual
treatment pursuant to Article 9(5) of the basic Regulation.
Exporters/producers intending to submit duly substantiated
claims, requesting individual treatment, must do so within

(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 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.

(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 (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.

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Official Journal of the European Union

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(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 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.

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’.

Commission address for correspondence:

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

(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

(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.

(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
in respect of Belarus. 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.

value

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,

8. NON-CO-OPERATION

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 co-operate, or co-operates only partially, and use of
the best
the result may be less
favourable than if it had co-operated.

facts available is made,

9. SCHEDULE OF THE INVESTIGATION

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 9
months from the publication of
this notice in the Official
Journal of the European Union.

(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