Commission Regulation (EC) No 33/2005 of 10 January 2005 initiating a ‘new exporter’ review of Council Regulation (EC) No 2604/2000 imposing definitive anti-dumping duties on imports of certain polyethylene terephthalate (PET) originating, inter alia, in India, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2005-01-10
Institutions: European Commission
Subjects: India, anti-dumping duty, anti-dumping legislation, import, plastics

12.1.2005

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 33/2005

of 10 January 2005
initiating a ‘new exporter’ review of Council Regulation (EC) No 2604/2000 imposing definitive
anti-dumping duties on imports of certain polyethylene terephthalate (PET) originating, inter alia, in
India, repealing the duty with regard to imports from one exporter in this country and making
these imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

D. GROUNDS FOR THE REVIEW

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/96 (1) of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (the basic
Regulation), and in particular Article 11(4) thereof,

After consulting the Advisory Committee,

Whereas:

(4)

i.e.

The applicant alleges that it did not export the product
concerned to the Community during the period of inves-
tigation on which the anti-dumping measures were
the period from 1 October 1998 to 30
based,
September 1999 (the original
investigation period) and
that it is not related to any of the exporting producers of
the product concerned which are subject to the above-
mentioned anti-dumping measures.

(5)

The applicant further alleges that it has begun exporting
the product concerned to the Community after the end
of the original investigation period.

(1)

(2)

(3)

A. REQUEST FOR A REVIEW

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the basic
Regulation. The application was lodged by South Asian
Petrochem Limited (the applicant), an exporting producer
in India (the country concerned).

(6)

(7)

B. PRODUCT

The product under review is polyethylene terephthalate
with a coefficient of viscosity of 78 ml/g or higher,
according to DIN (Deutsche Industrienorm) 53728, origi-
nating in India (the product concerned) and normally
declared within CN code 3907 60 20. This CN code is
given only for information.

C. EXISTING MEASURES

The measures currently in force are definitive anti-
dumping duties imposed by Council Regulation (EC)
No 2604/2000 (2), under which imports
into the
inter
Community of the product concerned originating,
alia, in India and produced by the applicant are subject to
a definitive anti-dumping duty of EUR 181,7 a tonne
with the exception of imports from several companies
expressly mentioned which are subject to individual duty
rates.

(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 301, 30.11.2000, p. 21, Regulation as last amended by Regu-

lation (EC) No 823/2004 (OJ L 127, 29.4.2004, p. 7).

E. PROCEDURE

Community producers known to be concerned have been
informed of the above application and have been given
an opportunity to comment. No comments have been
received.

Having examined the evidence available, the Commission
concludes that there is sufficient evidence to justify the
initiation of a ‘new exporter’ review, pursuant to Article
11(4) of the basic Regulation, with a view to determine
the applicant’s individual margin of dumping and, should
dumping be found, the level of the duty to which its
imports of the product concerned into the Community
should be subject.

(a) Questionnaires

In order to obtain the information it deems necessary
for its investigation,
the Commission will send a
questionnaire to the applicant.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their
views known in writing and to provide supporting
the Commission may hear
evidence. Furthermore,
interested parties, provided that
a
request in writing showing that there are particular
reasons why they should be heard.

they make

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(8)

F. REPEAL OF THE DUTY IN FORCE AND
REGISTRATION OF IMPORTS

Pursuant to Article 11(4) of the basic Regulation, the
anti-dumping duties in force should be repealed with
regard to imports of the product concerned which are
produced and sold for export to the Community by the
applicant. At the same time, such imports should be
made subject to registration in accordance with Article
in order to ensure that,
14(5) of the basic Regulation,
should the review result
in a finding of dumping in
respect of
the applicant, anti-dumping duties can be
levied retroactively from the date of the initiation of
the applicant’s possible
this review. The amount of
future liabilities cannot be estimated at this stage of the
proceeding.

G. TIME LIMITS

(9)

In the interest of sound administration,
should be stated within which:

time limits

— interested parties may make themselves known to the
Commission, present
in writing and
submit the replies to the questionnaire mentioned
this Regulation or provide any
in recital 7(a) of
other information to be taken into account during
the investigation, or

their views

— interested parties may make a written request to be

heard by the Commission.

available in accordance with Article 18 of the basic Regu-
lation, the result may be less favourable to that party
than if it had cooperated,

HAS ADOPTED THIS REGULATION:

Article 1

A review of Regulation (EC) No 2604/2000 is hereby initiated
pursuant to Article 11(4) of Regulation (EC) No 384/96 in
order to determine if and to what extent the imports of poly-
ethylene terephthalate with a coefficient of viscosity of 78 ml/g
or higher, according to DIN (Deutsche Industrienorm) 53728,
falling within CN code 3907 60 20 originating in India,
produced and sold for export to the Community by South
Asian Petrochem Limited (TARIC additional
code A585)
should be subject to the anti-dumping duties imposed by Regu-
lation (EC) No 2604/2000

Article 2

The anti-dumping duty imposed by Regulation (EC) No
2604/2000 is hereby repealed with regard to the imports iden-
tified in Article 1 of the present Regulation.

Article 3

The customs authorities are hereby directed, pursuant to Article
14(5) of Regulation (EC) No 384/96, to take the appropriate
steps to register the imports identified in Article 1 of
this
Regulation. Registration shall expire nine months following
the date of entry into force of this Regulation.

H. NON COOPERATION

Article 4

(10)

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,
findings, affirmative or negative, may be made in
accordance with Article 18 of the basic Regulation, on
the basis of the facts available.

(11) 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

1.
Interested parties, if their representations are to be taken
into account during the investigation, must make themselves
known to the Commission, present their views in writing and
submit the replies to the questionnaire mentioned in recital 7(a)
of this Regulation or any other information, unless otherwise
specified, within 40 days of the entry into force of this Regu-
lation. Attention is drawn to the fact that the exercise of most
procedural rights set out in Regulation (EC) No 384/96 depends
on the party’s making itself known within the aforementioned
period.

Interested parties may also apply in writing to be heard by the
Commission within the same 40-day time limit.

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All submissions and requests made by interested parties
2.
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
including the infor-
interested party. All written submissions,
mation requested in this Regulation, 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 Regulation (EC) No 384/96, shall be accom-
panied by a non-confidential version, which will be labelled
‘FOR INSPECTION BY INTERESTED PARTIES’.

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

Article 5

Any information relating to the matter and/or any request for a
hearing should be sent to the following address:

This Regulation shall enter into force on the day following 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, 10 January 2005.

For the Commission

Peter MANDELSON
Member of the Commission

(1) This means that the document is for internal use only. It is protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the
European Parliament and of the Council
(OJ L 145, 31.5.2001,
p. 43).
It is a confidential document pursuant to Article 19 of
Regulation (EC) No 384/96 and Article 6 of the WTO Agreement
on Implementation of Article VI of the GATT 1994 (Anti-dumping
Agreement).