Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of cotton-type bedlinen originating in Pakistan
Date: 2004-08-03
Institutions: European Commission
Subjects: Pakistan, anti-dumping duty, anti-dumping legislation, import, originating product, textile product

C 196/2

EN

Official Journal of the European Union

3.8.2004

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of cotton-type bedlinen originating in Pakistan

(2004/C 196/02)

The Commission has decided on its own initiative to initiate a
partial
interim review pursuant to Article 11(3) of Council
Regulation (EC) No 384/96 (1) (the basic Regulation).

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

1. Product

(a) Sampling

The product under review is bedlinen of cotton fibres, pure or
mixed with man-made fibres or flax (flax not being the domi-
nant fibre), bleached, dyed or printed (cotton-type bedlinen)
originating in Pakistan (the product concerned), normally
declared within
6302 22 90,
6302 31 10, 6302 31 90 and 6302 32 90. These CN codes are
given only for information.

6302 21 00,

CN codes

2. Existing measures

The measure currently in force is a definitive anti-dumping
duty imposed by Council Regulation (EC) No 397/2004 (2) on
imports of cotton-type bedlinen originating in Pakistan.

3. Grounds for the review

the visits,

As part of its investigation which led to the imposition of the
existing measures, the Commission had planned to visit the
premises of a sample of Pakistani exporters of the product
concerned. However, during the course of
the
Commission considered that the necessary security conditions
to carry out the planned verifications were not met and the
visits had, therefore, to be interrupted (3). Consequently, the
dumping margin was calculated on the basis of facts available
in accordance with Article 18 of the basic Regulation. At
present, sufficient information has been received indicating that
the security circumstances have changed,
i.e. that the above
to the conduct of verification visits has been
impediment
removed. Therefore, the Commission exceptionally proposes to
initiate an interim review, limited to dumping aspects in order
to give the opportunity to Pakistani exporters to have findings
which better reflect their situation.

4. Procedure for the determination of dumping

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

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling,
in accordance with Article 17 of the basic Regulation.

(i) S a mpli ng for e xpor te r s/ p r oduc e r s i n Paki stan

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 5(b)(i) and
in the formats indicated in paragraph 6 of this notice:

— name, address, e-mail address, telephone and fax

and/or telex numbers and contact person,

— the volume in tonnes of the production of the
product concerned during the period 1 April 2003
to 31 March 2004,

— the turnover in local currency and the volume in
tonnes of the product concerned sold for export to
the Community during the period 1 April 2003 to
31 March 2004,

— the turnover in local currency and the sales volume
in tonnes
the product concerned on the
domestic market during the period 1 April 2003 to
31 March 2004,

for

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

dual margin (4)
claimed by producers),

— the precise activities of the company with regard to

the production of the product concerned,

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

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

(2) OJ L 66, 4.3.2004, p. 1.
(3) See recitals 34 to 48 of Regulation (EC) No 397/2004.

(4) Individual margins may be claimed pursuant to Article 17(3) of the
basic Regulation for companies not included in the sample and
Article 9(5) of the basic Regulation concerning individual treatment.
Note that claims for individual treatment necessitate an application
pursuant to Article 9(5) of the basic Regulation.

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

companies (1)
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 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.

(ii) Sa mp li ng for i mp or te 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 5(b)(i) and in the formats indicated in
paragraph 6 of this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

Commission will, in addition, contact any known asso-
ciations of importers.

(iii) F i na l se le c ti on of t h e sa mp le s

All interested parties wishing to submit any relevant
information regarding the selection of
the samples
must do so within the time limit set in paragraph
5(b)(ii) of this notice.

samples

The Commission intends to make the final selection of
consulted the parties
the
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
5(b)(iii) of this notice and must cooperate within the
framework of the investigation.

sufficient cooperation 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.

forthcoming,

— the total turnover in euro of the company during

the period 1 April 2003 to 31 March 2004,

(b) Questionnaires

— 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 1 April 2003 to 31 March 2004
of the imported product concerned originating in
Pakistan,

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

companies (1)
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.

In order to obtain the information it deems necessary
the
for the selection of

the sample of

importers,

(1) 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 sampled exporters/producers in Pakistan,
to any
association of exporters/producers, to the sampled impor-
ters, to any association of importers which cooperated in
the investigation leading to the measures subject to the
present review and to the authorities of
the exporting
country concerned.

Exporters/producers
in Pakistan 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 5(a)(iii)
of this notice. They therefore must request a questionnaire
within the time limit set in paragraph 5(a)(i) of this notice.
However, such parties should be aware that if sampling is
applied to exporters/producers, the Commission may none-
theless decide not to calculate an individual margin for
them, if the number of exporters or producers is so large
that individual examination would be unduly burdensome
and would prevent the timely completion of the investiga-
tion.

In any event, all parties who did not cooperate during the
investigation leading to measures subject to the present
review should request a questionnaire within the time limit
set in point 5(a)(i), given that the time limit set in point
5(a)(ii) of this notice applies to all interested parties.

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(c) Collection of information and holding of hearings

(iii) He a r i ng s

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 must reach the Commission
within the time limit set in paragraph 5(a)(ii) of this notice.

information other

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

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
5(a)(iii) of this notice.

5. Time limits

(a) General time limits

(i) For p ar ti e s to r e q u e st a q u e sti onnai r e

All
interested parties who did not cooperate in the
investigation leading to the measures subject to the
present review should request a questionnaire as soon
as possible, but not later than 15 days after the publi-
cation of this notice in the Official Journal of the Euro-
pean 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-
their views and submit questionnaire
sion, present
replies or any other information within 40 days of the
date of publication of this notice in the Official Journal
the European Union, unless otherwise specified.
of
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 limit specified in para-
graph 5(b)(iii) of this notice.

should

concerning

(i) The information specified in paragraphs 5.1(a)(i) and
reach the
samples
5.1(a)(ii)
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
samples as referred to in 5.1(a)(iii) must reach the
Commission within a period of 21 days of the publi-
cation of this notice in the Official Journal of the Euro-
pean 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. 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,
telephone and fax and/or telex numbers of the interested party.
All written submissions, including the information requested in
this notice, questionnaire replies and correspondence 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,
accompanied by a non-confidential
version, which will be labelled ‘FOR INSPECTION BY INTER-
ESTED PARTIES’.

shall be

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.

(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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7. 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, find-
ings, 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 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 that party than
if it had cooperated.