Commission Regulation (EC) No 1830/2004 of 21 October 2004 amending Regulation (EC) No 283/2004 and Regulation (EC) No 284/2004 as regards registration of certain imports of polyethylene terephthalate (PET) film produced by one Brazilian exporting producer and produced by one Israeli exporting producer
Date: 2004-10-21
Institutions: European Commission
Subjects: Brazil, CCT duties, Israel, anti-dumping legislation, plastics, plastics industry

L 321/26

EN

Official Journal of the European Union

22.10.2004

COMMISSION REGULATION (EC) No 1830/2004

of 21 October 2004

amending Regulation (EC) No 283/2004 and Regulation (EC) No 284/2004 as regards registration of
certain imports of polyethylene terephthalate (PET) film produced by one Brazilian exporting
producer and produced by one Israeli exporting producer

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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)
(the basic anti-dumping Regulation) and in particular Articles
13 and 14(5)
thereof and to Council Regulation (EC) No
2026/97 of 6 October 1997 on protection against subsidised
the European
imports
Community (2)
(the basic anti-subsidy Regulation), and in
particular Articles 23 and 24(5) thereof,

from countries not members of

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. PROCEDURE

By Regulation (EC) No 2597/1999 (3) (the definitive anti-
subsidy Regulation), the Council imposed countervailing
duties ranging between 3,8 % and 19,1 % on imports of
polyethylene terephthalate film (PET film) originating in
India.

By Regulation (EC) No 1676/2001 (4) (the definitive anti-
dumping Regulation), the Council imposed anti-dumping
duties ranging between 0 % and 62,6 % on imports of
PET film originating in India.

On 6 January 2004, the Commission received a request,
pursuant
the basic anti-dumping
to Article 13(3) of
the basic anti-
Regulation and to Article 23(2) of
subsidy Regulation, from DuPont Teijin Films, Mitsubishi
Polyester Film GmbH and Nuroll SpA to investigate the
alleged circumvention of the anti-dumping and counter-

(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 288, 21.10.1997, p. 1. Regulation as last amended by

Regulation (EC) No 461/2004.

(3) OJ L 316, 10.12.1999, p. 1.
(4) OJ L 227, 23.8.2001, p. 1.

vailing measures imposed on imports of PET film origi-
nating in India. According to the request, the circum-
vention practice consisted of transhipment of PET film
originating in India via Brazil and via Israel
to the
Community. The request contained sufficient prima facie
evidence regarding the factors set out in Article 13(1) of
the basic anti-dumping Regulation and Article 23(1) of
the basic anti-subsidy Regulation.

(4)

(5)

The Commission initiated investigations into the alleged
circumvention of countervailing measures by Regulation
(EC) No 283/2004 (5) and of anti-dumping measures by
Regulation (EC) No 284/2004 (6)
(the initiating Regu-
lations). Pursuant
the
basic anti-dumping Regulation and Articles 23(2) and
24(5) of the basic anti-subsidy Regulation, Article 2 of
the initiating Regulations instructed the customs autho-
rities to register imports of PET film consigned from
Brazil and from Israel, whether declared as originating
in Brazil or Israel or not, as of 20 February 2004.

to Articles 13(3) and 14(5) of

Article 2(3) of the initiating Regulations provided that
the Commission, by Regulation, may direct customs
authorities to cease registration in respect of
imports
into the Community of products manufactured by
producers having applied for an exemption of regis-
tration and having been found not to be circumventing
the anti-dumping duties and the countervailing duties
respectively.

B. REQUESTS FOR EXEMPTION

(6) Within the deadline laid down in Article 3 of

the
initiating Regulations, the Commission received requests
for exemption from the registration and measures from
one exporting producer in Brazil, Terphane Ltda, BR 101,
km 101, City of Cabo de Santo Agostinho, State of
Pernambuco, Brazil (Terphane) and from one exporting
Jolybar Filmtechnic Converting Ltd
producer in Israel,
(1987), Hacharutsim str. 7,
Ind. Park Siim 2000,
Natania South, 42504. POB 8380, Israel (Jolybar).

(5) OJ L 49, 19.2.2004, p. 25.
(6) OJ L 49, 19.2.2004, p. 28.

22.10.2004

EN

Official Journal of the European Union

L 321/27

(7)

(8)

(9)

(10)

(11)

C. INVESTIGATION PERIOD

The investigation period covered the period from 1
January 2003 to 31 December 2003 (the IP). Data was
collected from 1998 up to the IP to investigate any
changes in the pattern of trade.

D. FINDINGS IN RESPECT OF TERPHANE

Terphane replied to the questionnaires
Commission in the course of
Commission carried out a verification visit at
premises of Terphane.

sent by the
the investigation. The
the

Terphane only exported 10,6 tonnes of PET film to the
Community during the IP. The only export by the
company prior to the one during the IP was for a
small sample quantity which took place in 2002. No
other exports to the Community were made by the
company during the IP or in the period for which data
were collected. Moreover, it has also been established that
Terphane is a manufacturer and exporter of PET film,
operating its own production facilities for the complete
production process of the product concerned. The film
supplied to the Community is manufactured by the
company in facilities established before the entry into
force of
the measures on Indian PET film. The
company has never purchased any PET film from India
either during or prior to the IP. It is therefore considered
that Terphane demonstrated that it did not circumvent
the measures imposed on PET film originating in India.

E. FINDINGS IN RESPECT OF JOLYBAR

replied to the questionnaire

Jolybar
Commission in the course of
Commission carried out a verification visit at
premises of Jolybar.

the
the investigation. The
the

sent by

The sole cooperating company in Israel,
Jolybar slits,
sheets and converts purchased PET film and sells it as
products which fall under the same CN codes as the
product concerned but are generally not of
Indian
origin and therefore cannot be considered to be the
product concerned. The company has been supplying
PET film to the Community since the 1990s. The film
supplied to the Community is manufactured by Jolybar
in facilities established before the entry into force of the
measures on Indian PET film. The quantities of PET film
exported by Jolybar to the Community doubled from
1999 to 2003 (the IP). The company explained that as

customers

rule it does not
since

supply Indian film to
a general
the
Community
latter prefer
the
qualities of European film as a base material
for
treatment by Jolybar. Exceptionally, during the IP, a
quantity of approximately 1 tonne of Indian film was
shipped to one Community customer as part of a
larger
urgently
required. It is therefore concluded that there is sufficient
economic justification for the change in the pattern of
trade established for Jolybar, which is in line with its
activities in the Community market in respect of PET
film manufactured by them.

consignment which

customer

the

F. CONCLUSIONS

(12)

In the light of the above findings, registration of imports
of PET film consigned from Brazil and produced by
Terphane and consigned from Israel and produced by
Jolybar should cease.

(13) Any decision at this stage concerning exporters should be
If the Council
limited to exemption from registration.
subsequently adopts Regulations extending the anti-
dumping measures pursuant to Article 13 of the basic
anti-dumping Regulation and Article 23 of the basic anti-
subsidy Regulation, it may also decide to exempt certain
exporters from such extended measures.

(14)

(15)

its

initiating Regulations

The Commission therefore considers it appropriate to
amend
they
imports of PET film
provided for the registration of
consigned from Brazil (whether declared as originating
in Brazil or not) and for the registration of imports of
PET film consigned from Israel
(whether declared as
originating in Israel or not).

insofar

as

This Regulation is based on findings specific to Terphane
and Jolybar and does not prejudge any decision which
the Council may take to extend the existing anti-
dumping and countervailing measures on PET film origi-
nating in India to the same product consigned from
Brazil (whether declared as originating in Brazil or not)
and consigned from Israel
(whether declared as origi-
nating in Israel or not),

L 321/28

EN

Official Journal of the European Union

22.10.2004

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

The following paragraph shall be added to Article 2 of
Commission Regulation (EC) No 283/2004:

‘Notwithstanding paragraph 1,
imports of the product iden-
tified in Article 1 which are produced by the following
companies shall not be subject to registration:

Producer

Terphane Ltda, BR 101, km 101, City of Cabo de
Santo Agostinho, State of Pernambuco, Brazil

Filmtechnic

Jolybar
(1987),
Hacharutsim str 7, Ind. Park Siim 2000, Natania
South, 42504, POB 8380, Israel

Converting

Ltd

TARIC addi-
tional code

A569

A570’

The following paragraph shall be added to Article 2 of
Commission Regulation (EC) No 284/2004:

‘Notwithstanding paragraph 1,
imports of the product iden-
tified in Article 1 which are produced by the following
companies shall not be subject to registration:

Producer

Terphane Ltda, BR 101, km 101, City of Cabo de
Santo Agostinho, State of Pernambuco, Brazil

Filmtechnic

Jolybar
(1987),
Hacharutsim str 7, Ind. Park Siim 2000, Natania
South, 42504, POB 8380, Israel

Converting

Ltd

TARIC addi-
tional code

A569

A570’

Article 3

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 October 2004.

For the Commission

Pascal LAMY
Member of the Commission