Notice of initiation of an accelerated review of Council Regulation (EC) No 2603/2000 imposing a definitive countervailing duty on imports of certain polyethylene terephthalate originating, inter alia, in India
Date: 2005-01-12
Institutions: European Commission
Subjects: India, anti-dumping legislation, import, plastics

C 8/2

EN

Official Journal of the European Union

12.1.2005

Notice of initiation of an accelerated review of Council Regulation (EC) No 2603/2000 imposing a
definitive countervailing duty on imports of certain polyethylene terephthalate originating, inter
alia, in India

(2005/C 8/02)

The Commission has received an application for an accelerated
review pursuant to Article 20 of Council Regulation (EC) No
2026/97 (1) (‘the basic Regulation’), with regard to imports of
certain polyethylene terephthalate originating,
in
India, subject to a definitive countervailing duty imposed by
Council Regulation (EC) No 2603/2000 (2).

inter alia,

related to any of the exporting producers of the product which
are subject to the existing measure.

The applicant further alleges that it has begun exporting the
product concerned to the Community after the end of the
original investigation period. On the basis of the above, it has
requested that an individual duty rate be established for it.

1. Request for review

The application was lodged by South Asian Petrochem Limited
(‘the applicant’), an exporting producer in India.

5. Procedure

2. Product

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.

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

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
accelerated review, the Commission hereby initiates a review in
accordance with Article 20 of the basic Regulation.

3. Existing measures

(a) Questionnaires

The measure currently in force is a definitive countervailing
duty imposed by Council Regulation (EC) No 2603/2000 under
which imports into the Community of the product concerned
originating, inter alia, in India, including those produced by the
applicant, are subject to a definitive countervailing duty of
EUR 41,3/tonne, with the exception of imports from several
companies expressly mentioned which are subject to individual
duty rates.

4. Grounds for the review

i.e.

The applicant alleges that it was not investigated during the
period of investigation on which the countervailing measure
the period from 1 October 1998 to 30
was based,
September 1999 (‘the original investigation period’) for reasons
other than the refusal to cooperate. The applicant alleges that it
the product concerned to the Community
did not export
is not
during the original

investigation period, and that

it

(1) OJ L 288, 21.10.1997, p.1. Regulation as last amended by Council

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

(2) OJ L 301, 30.11.2000, p. 1.

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

Interested parties, provided they can show that they are
likely to be affected by the results of the review, are hereby
invited to present their views in writing, and submit replies
to the questionnaire mentioned in point 5(a) of this notice
or any other information to be taken into account during
the review. This information and supporting evidence must
reach the Commission within the time limit set in point
6(a) of this notice.

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 point 6(b) of this
notice.

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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 a questionnaire reply to the ques-
tionnaire mentioned in point 5(a) of this notice or any
other information within 40 days of the date of publication
of this notice in the Official Journal of 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.

by interested parties on a confidential basis shall be labelled as
‘Limited’ (1) and, in accordance with Article 29(2) of the basic
Regulation,
accompanied by a non-confidential
version, which will be labelled ‘For inspection by interested
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.

8. Non-cooperation

(b) Hearings

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 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 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 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 28 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 28 of the basic Regulation,
the result may be less
favourable to that 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
29 of Council Regulation (EC) No 2026/97 (OJ L 288, 21.10.1997,
p. 1) and Article 12 of the WTO Agreement on Subsidies and Coun-
tervaling Measures (‘ASCM’).

the Council

It