Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of polyethylene terephthalate (PET) film originating, inter alia, in India
Date: 2004-02-19
Institutions: European Commission
Subjects: India, anti-dumping duty, dumping, exchange of information, originating product, plastics, thin sheet

C 43/14

EN

Official Journal of the European Union

19.2.2004

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of polyethylene terephthalate (PET) film originating, inter alia, in India

(2004/C 43/11)

The Commission has received a request for a partial 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’).

interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation.

1. Request for review

request was

The
following Community
producers: DuPont Teijin Films, Mitsubishi Polyester Film
GmbH, Nuroll SpA (‘the applicants’).

lodged by the

The request is limited in scope to the examination of dumping
as far as Jindal Polyester Limited is concerned.

2. Product

The product under review is polyethylene terephthalate (PET)
film (PET film) originating in India (‘the product concerned’),
normally declared within CN codes ex 3920 62 19 and ex
3920 62 90. These CN codes are given only for information.

3. Existing measures

The measure currently in force for Jindal Polyester Limited is a
definitive anti-dumping duty imposed by Council Regulation
(EC) No 1676/2001 (3) on imports of PET film originating,
inter alia, in India.

4. Grounds for the review

The request pursuant to Article 11(3) is based on the prima
facie evidence, provided by the applicants, that, as far as Jindal
Polyester Limited is concerned, the circumstances with regard
to dumping have changed significantly.

The applicants allege that the existing measure on imports of
the product under review from Jindal Polyester Limited is no
longer sufficient to counteract the dumping which is causing
injury. The allegation of
increased dumping is based on a
comparison of Jindal Polyester Limited's domestic prices and
constructed normal value with its export prices of the product
the dumping
concerned to the Community. On this basis,
margin calculated would be significantly higher
than the
dumping found in the previous investigation that led to the
existing duty rate.

5. Procedure for the determination of dumping

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
Jindal Polyester Limited and to the Indian authorities. This
information and supporting evidence should reach the
Commission within the time limit set in point 6(a) of this
notice.

(b) 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) 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(b) of
this notice.

6. Time limits

(a) For parties to make themselves known, to submit questionnaire

replies and any other information

All interested parties, if their representations are to be taken
into account during the investigation, must make them-
selves 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
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.

Journal of

(b) Hearings

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

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial

7. Written submissions, questionnaire replies and
correspondence

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 305, 7.11.2002, p. 1.
(3) OJ L 227, 23.8.2001, p. 1.

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

19.2.2004

EN

Official Journal of the European Union

C 43/15

including the information
party). All written submissions,
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:

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.

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.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available. If an interested
party does not cooperate, or cooperates only partially, and
findings are therefore based on facts available in accordance
with Article 18, the result may be less favourable to the party
than if it had cooperated.

(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