Notice of initiation of an anti-dumping proceeding concerning imports of certain finished polyester filament apparel fabrics originating in the People's Republic of China
Date: 2004-06-17
Institutions: European Commission
Subjects: China, anti-dumping legislation, common commercial policy, originating product, textile industry

17.6.2004

EN

Official Journal of the European Union

C 160/5

Notice of initiation of an anti-dumping proceeding concerning imports of certain finished polye-
ster filament apparel fabrics originating in the People's Republic of China

(2004/C 160/04)

The Commission has received a complaint pursuant to Article
5 of Council Regulation (EC) No 384/96 (1) (‘the basic Regu-
lation’) alleging that imports of certain finished polyester fila-
ment apparel fabrics, originating in the People's Republic of
China (‘the country concerned’), are being dumped and are
thereby causing material injury to the Community industry.

negative impact on the market share held, the quantities sold
and the level of prices charged by the Community industry,
resulting in substantial adverse effects on the overall perfor-
mance, the financial situation and the employment situation of
the Community industry.

1. Complaint

5. Procedure

The complaint was lodged on 3 May 2004 by AIUFFASS (‘the
complainant’) on behalf of producers representing a major
proportion of
the total Community production of certain
finished polyester filament apparel fabrics.

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.

2. Product

The product allegedly being dumped is certain woven fabrics of
synthetic filament yarn, namely those containing 85 % or more
by weight of textured or non-textured polyester filaments, dyed
or printed, normally used for apparel applications (‘certain
finished polyester filament apparel fabrics’), originating in the
People's Republic of China (‘the product concerned’), normally
declared within
5407 54 00,
5407 61 30 and 5407 61 90 and 5407 69 90. These CN codes
are only given for information.

5407 52 00,

CN codes

3. Allegation of dumping

In view of the provisions of Article 2(7) of the basic Regulation,
the complainant established normal value for the People's
Republic of China on the basis of the export price from 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 margin calculated is significant.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from the People's Republic of China have
in absolute terms and in terms of market
increased overall
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. Regulation as last amended by Council

Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p.12).

5.1. Procedure for the determination of dumping and injury

investigation will

The
the product
concerned originating in the People's Republic of China 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
the Commission may decide to apply
this proceeding,
sampling in accordance with Article 17 of the basic Regu-
lation.

(i) S a mp li n g

for
P e op le ' s R e p u b li c of Ch i na

e x p or t e r s/ p r odu c e r s

i n

t h e

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
the following information on their company or compa-
nies 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 01 April 2003
to 31 March 2004,

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Official Journal of the European Union

17.6.2004

— the turnover in local currency and the sales volume
in tonnes
the product concerned on the
domestic market during the period 01 April 2003
to 31 March 2004,

for

— whether the company intends to claim an indivi-
(individual margins can only be

dual margin (1)
claimed by 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,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in tonnes and value in euro of imports
into and resales made in the Community market
during the period 01 April 2003 to 31 March
2004 of the imported product concerned origin-
ating in the People's Republic of China,

— 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,

— any other relevant information that would assist
the Commission in the selection of the sample,

— an indication of whether the company or compa-
nies agree to their inclusion in the sample, which
implies replying to a questionnaire and accepting
an on-the-spot investigation of their response.

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 authori-
ties of the exporting country, and any known associa-
tions of exporters/producers.

— an indication of whether the company or compa-
nies agree to their inclusion in the sample, which
implies replying to a questionnaire and accepting
an on-the-spot investigation of their response.

In order to obtain the information it deems necessary
for the selection of
the
Commission will, in addition, contact any known asso-
ciations of importers.

the sample of

importers,

(ii) Sa mp li ng for i mp or te r s

(iii) S a mp li ng for Commu ni ty p r odu c 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 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 01 April 2003 to 31 March 2004,

(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 appli-
cation pursuant to Article 9(5) of the basic Regulation and that
claims regarding market economy status necessitate an 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 (EC) No 2454/93 concerning
the implementation of the Community Customs Code (OJ L 253,
11.10.1993, p.1).

In view of the large number of Community producers
supporting the complaint, the Commission intends to
investigate injury to the Community industry by
applying sampling.

In order to enable the Commission to select a sample,
all Community producers are hereby requested to
provide the following information on their company
or companies within the time limit set in paragraph
6(b)(i) 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 01 April 2003 to 31 March 2004,

(2) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EC) No 2454/93 concerning
the implementation of the Community Customs Code (OJ L 253,
11.10.1993, p.1).

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— the precise activities of the company with regard to

the production of the product concerned,

— the value in euro of sales of the product concerned
made in the Community market during the period
01 April 2003 to 31 March 2004,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 01 April 2003 to 31 March 2004,

— the volume in tonnes of the production of the
product concerned during the period 01 April
2003 to 31 March 2004,

— the names and the precise activities of all related
involved in the production and/or

companies
selling of the product concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

— an indication of whether the company or compa-
nies agree to their inclusion in the sample, which
implies replying to a questionnaire and accepting
an on-the-spot investigation of their response.

(iv) F i na l se le c ti on of th e sa mp le 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.

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.

forthcoming,

sufficient co-operation is not

If
the
Commission may base its findings, in accordance 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.

(b) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the sampled Community industry and to any association
of producers in the Community, to the sampled exporters/
producers in the People's Republic of China, to any associa-
tion of exporters/producers, to the sampled importers, to
any association of importers named in the complaint, and
to the authorities of the exporting country concerned.

Exporters/producers
in the People's Republic of China
claiming an individual margin, with a view to the applica-
tion 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 individual examination
would be unduly burdensome and would prevent
the
timely completion of the investigation.

(c) Collection of information and holding of hearings

submit

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

information other

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 Mexico as an appropriate market
economy country for the purpose of establishing normal
value in respect of the People's Republic of China. Inter-
ested parties are hereby invited to comment on the appro-
priateness of this choice within the specific time limit set in
paragraph 6(c) of this notice.

(e) Market economy status

For those exporters/producers in the People's Republic of
China who claim and provide sufficient evidence that they
i.e. that they
operate under market economy conditions,
meet the criteria laid down in Article 2(7)(c) of the basic
Regulation, normal value will be determined in accordance
with Article 2(7)(b) of
the basic Regulation. Exporters/
producers intending to submit duly substantiated claims
must do so within the specific time limit set in paragraph
6(d) of this notice. The Commission will send claim forms
to all exporters/producers in the People's Republic of China
named in the complaint and to any association of expor-
ters/producers named in the complaint, as well as to the
authorities of the People's Republic of China. The applica-
tion of this paragraph is without prejudice to the possible
use of sampling for exporters/producers in accordance with
the provisions of Article 17 of the basic Regulation.

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Official Journal of the European Union

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5.2. Procedure for assessment of Community interest

(b) Specific time limit in respect of sampling

and

representative

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 be
against the Community interest. For this reason the Community
industry, importers, their representative associations, represen-
tative users
consumer organisations,
provided that they prove that there is an objective link between
their activity and the product concerned, may, within the
general time limits set in paragraph 6(a)(ii) of this notice, make
themselves known and provide the Commission with informa-
tion. 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
to Article 21 will only be
information submitted pursuant
taken into account if supported by factual evidence at the time
of submission.

(i) The information specified in paragraphs 5.1(a)(i),
5.1(a)(ii) and 5.1(a)(iii) concerning samples should
reach the Commission within 15 days of the date of
publication of this notice in the Official Journal of the
European Union, given that the 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)(iv) must reach the
Commission within a period of 21 days of the publi-
cation of this notice in the Official
Journal of the
European Union.

(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.

6. Time limits

(c) Specific time limit

for

the selection of

the market economy

country

(a) General time limits

(i) F o r p a r t i e s

t o r e q u e st a q u e st i on n a i r e or

o t h e r cla i m for m s

All interested parties should request a questionnaire or
other claim form as soon as possible, but not later
than 10 days after the publication of this notice in the
Official Journal of the European Union.

(ii) F or p a r ti e s t o ma ke th e mse lve s know n,

t o
su bmi t q u e st i on n a i r e r e p l i e s a n d a n y oth e r
i nfor ma ti on

All interested parties, if their representations are to be
taken into account during the investigation, must
make themselves known by contacting the Commis-
sion, present
their views and submit questionnaire
replies or any other information within 40 days of the
this notice in the Official
date of publication of
Journal of the European Union, unless otherwise speci-
fied. 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 question-
naire replies within the time limits specified in para-
graph 6(b)(iii) of this notice.

(iii) H e a r i ng s

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

this notice,

Parties to the investigation may wish to comment on the
appropriateness of Mexico which, as mentioned in para-
graph 5.1(d) of
is envisaged as a market-
economy country for the purpose of establishing normal
value in respect of the People's Republic of China. 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.

(d) Specific time limit for submission of claims for market economy

status and/or individual treatment

Duly substantiated claims for market economy status (as
mentioned in paragraph 5.1(e) of this notice) and/or for
individual treatment pursuant to Article 9(5) of the basic
Regulation, must reach the Commission within 15 days of
the date of publication of this notice in the Official Journal
of the European Union.

7. Written submissions, questionnaire replies and corre-
spondence

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
including the information
party). All written submissions,
requested in this notice, questionnaire replies and correspon-
dence 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'.

(1) This means that

the document

is for internal use only.

the European Parliament and of

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of
(OJ L 145,
31.5.2001, p. 43). It is a confidential document pursuant 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 Implementation of Article
VI of the GATT 1994 (Anti-dumping Agreement).

the Council

It

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Commission address for correspondence:

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 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 of the facts available. If an interested
party does not cooperate or cooperates only partially and find-
ings are therefore based on facts available in accordance with
Article 18 of the basic regulation, the result may be less favour-
able to that party than if it had cooperated.

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 Euro-
pean Union. According to Article 7(1) of the basic Regulation,
provisional measures may be imposed no later than 9 months
from the publication of this notice in the Official Journal of the
European Union.