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: 2005-01-04
Institutions: European Commission
Subjects: India, anti-dumping duty, anti-dumping legislation, originating product, plastics

4.1.2005

EN

Official Journal of the European Union

C 1/5

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

(2005/C 1/04)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 (1) (‘the basic Regulation’).

1. Request for review

The request was lodged by the following Community produ-
cers: Du Pont Teijin Films, Mitsubishi Polyester Film GmbH and
Nuroll SpA (‘the applicants’).

2. Product

The product under review is polyethylene terephthalate (‘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 anti-dumping measures currently in force are definitive
duties imposed by Council Regulation (EC) No 1676/2001 (2)
in India and
on imports of PET film originating,
undertakings
Decision
2001/645/EC (3).

inter alia,
Commission

accepted

by

4. Grounds for the review

in regard to
The applicants have provided information that,
imports of PET film from the five Indian exporting producers
from whom undertakings were accepted by Commission Deci-
sion 2001/645/EC, the level of the measures is no longer suffi-
cient to counteract the injurious dumping.

On the basis of a comparison of export prices to the Com-
munity of the above-mentioned exporting producers with their
domestic prices and constructed normal value, the applicants
allege that dumping margins calculated would be higher than
those found in the previous investigation that
lead to the
existing measures.

(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).

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

Given the high level of co-operation by the exporters in the
the existing
investigation which lead to the imposition of
measures,
the residual duty was fixed on the basis of the
highest rate established for the sampled co-operating produ-
cers (4). Since all of these producers will be investigated on the
basis of this notice or are currently under investigation (5), and
a vast majority of exports of the product concerned from India
into the EU are covered by these companies, the Commission
considers it appropriate to also examine whether the residual
duty rate should be modified.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a review in
accordance with Article 11(3) of the basic Regulation, limited
to dumping of the five Indian exporting producers from whom
undertakings were accepted and to the level of the residual
duty.

The investigation will assess the need for the continuation,
removal or amendment of the level of the existing measures.

(a) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the exporting producers in India 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

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 6(a) 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(b)
of this notice.

(4) Regulation (EC) No 1676/2001, recital 77.
(5) Commission Notice 2004/C 43/11 (OJ C 43, 19.2.2004, p. 14).

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Official Journal of the European Union

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6. Time limits

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

replies and any other information

if

interested parties,

All
their representations are to be
taken into account during the investigation, must make
themselves 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

by interested parties on a confidential basis shall be labeled as
‘Limited’ (1) and, in accordance with Article 19(2) of the basic
Regulation,
accompanied by a non-confidential
version, which will be labeled ‘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.

(b) Hearings

8. Non-co-operation

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

7. Written submissions, questionnaire replies and corres-

pondence

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

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 of the facts available. If an interested
party does not cooperate or cooperates only partially, the result
may be less favorable to the party than if it had cooperated.

(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