Council Regulation (EC) No 237/2004 of 10 February 2004 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: 2004-02-10
Institutions: Council of the European Union
Subjects: China, India, Indonesia, Thailand, anti-dumping legislation, anti-dumping measure, import, originating product, packaging product, plastics

12.2.2004

EN

Official Journal of the European Union

L 40/21

COUNCIL REGULATION (EC) No 237/2004

of 10 February 2004

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

THE COUNCIL OF THE EUROPEAN UNION,

(5)

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 Community (1), and in
particular Article 9 and Article 11(2) thereof,

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

(6)

Whereas:

A. PROCEDURE

the anti-dumping measures

impending
Following the publication of a notice of
expiry of
in force on
imports of sacks and bags originating in the People's
Republic of China, India, Indonesia and Thailand (2), 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 (the 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.

(7)

(8)

(9)

(1)

(2)

(3)

(4)

The Commission officially advised the exporting produ-
cers, importers known to be concerned, the representa-
tives 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 TERMINA-

TION OF THE PROCEEDING

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

According to Article 9(1) and Article 11(2) of the Basic
Regulation, a proceeding may be terminated where the
request for a review is withdrawn, unless such termina-
tion 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 indi-
cation that the termination of the measures would not
be in the Community interest.

therefore

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the existing measures should be repealed,

Journal of

Accordingly, the Commission, after consultation of the
Advisory Committee, initiated by a notice published in
the European Communities (3) an
the Official
expiry review of the anti-dumping measures applicable
to imports into the Community of sacks and bags made
of polyethylene or polypropylene, currently classifiable
codes
within
6305 33 91,
ex 3923 29 10 and ex 3923 29 90
ex 3923 21 00,
India,
originating in the People's Republic of China,
Indonesia and Thailand.

6305 32 81,

CN

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).

(2) OJ C 10, 12.1.2002, p. 2 and OJ C 16, 19.1.2002, p. 2.
(3) OJ C 243, 9.10.2002, p. 10.

HAS ADOPTED THIS REGULATION:

Article 1

CN

within

The anti-dumping measures concerning imports of sacks and
bags made of polyethylene or polypropylene, currently classifi-
able
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.

6305 32 81,

codes

L 40/22

EN

Official Journal of the European Union

12.2.2004

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, 10 February 2004.

For the Council

The President

C. McCREEVY