Commission Regulation (EC) No 523/2005 of 1 April 2005 initiating a ‘new exporter’ review of Council Regulation (EC) No 1467/2004 imposing definitive anti-dumping duties on imports of polyethylene terephthalate (PET) originating, inter alia, in the People’s Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2005-04-01
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, originating product, plastics, plastics industry, repeal

2.4.2005

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 523/2005

of 1 April 2005
initiating a ‘new exporter’ review of Council Regulation (EC) No 1467/2004 imposing definitive
anti-dumping duties on imports of polyethylene terephthalate (PET) originating, inter alia, in the
People’s Republic of China, 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
the European Community
from countries not members of
(the basic Regulation) and in particular Article 11(4),

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. REQUESTS 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 Jiangyin
Chengsheng New Packaging Material Co., Ltd (the
applicant). The applicant
is an exporting producer in
the People’s Republic of China (the country concerned).

B. PRODUCT

The product under review is polyethylene terephthalate
(PET) having a viscosity number of 78 ml/g or higher,
according to the ISO Standard 1628-5, classified under
CN code 3907 60 20 and originating in the People’s
Republic of China (the product concerned).

C. EXISTING MEASURES

The measures currently in force are definitive anti-
dumping duties imposed by Council Regulation (EC)
No 1467/2004 (2) under which imports
into the
Community of
the product concerned originating in
the People’s Republic of China, and produced by the
applicant, are subject to definitive anti-dumping duties
of EUR 184 per tonne with the exception of several
companies specially mentioned which are subject to indi-
vidual duty rates.

(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 271, 19.8.2004, p. 1.

(4)

(5)

(6)

(7)

(8)

(9)

that

it did not export

The applicant alleges that
it operates under market
economy conditions as defined in Article 2(7)(c) of the
basic Regulation,
the product
concerned to the Community during the period of inves-
tigation on which the anti-dumping measures were
based, i.e. the period from 1 April 2002 to 31 March
2003 (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 abovementioned anti-
dumping measures.

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

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
whether the applicant operates under market economy
conditions as defined in Article 2(7)(c) of the basic Regu-
lation or alternatively whether the applicant fulfils the
requirements to have an individual duty established in
accordance with Article 9(5) of
the basic Regulation
and, if so, 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 question-
naires to the applicant.

(b) Collection of information and holding of hearings

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

Furthermore,

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Official Journal of the European Union

2.4.2005

(c) Market economy status

G. TIME LIMITS

(10)

(11)

(12)

(13)

that
the applicant provides
it operates under market

In the event
sufficient
evidence
that
economy
conditions,
i.e. that it meets the criteria laid down in
the basic Regulation, normal value
Article 2(7)(c) of
will be determined in accordance with Article 2(7)(b) of
the basic Regulation. For this purpose, duly substantiated
claims must be submitted within the specific time limit
set in Article 4(3) of this Regulation. The Commission
will send claim forms to the applicant, as well as to the
authorities of the People’s Republic of China.

(d) Selection of the market economy country

In the event that the applicant is not granted market
economy status but fulfils the requirements to have an
individual duty established in accordance with Article
9(5) of
the basic Regulation, an appropriate market
economy country will be used for the purpose of estab-
lishing normal value in respect of the People’s Republic
of China in accordance with Article 2(7)(a) of the basic
Regulation. The Commission envisages using the United
States of America (USA) again for this purpose as was
done in the investigation which led to the imposition of
measures on imports of the product concerned from the
People’s Republic of China. Interested parties are hereby
invited to comment on the appropriateness of this choice
within the specific time limit set in Article 4(2) of this
Regulation.

status,

economy

the Commission may,

in the event that the applicant is granted
Furthermore,
if
market
necessary, also use findings concerning the normal
value established in an appropriate market economy
country, e.g. for the purpose of replacing any unreliable
cost or price elements in the People’s Republic of China
if
which are needed in establishing the normal value,
reliable required data are not available in the People’s
Republic of China. The Commission envisages using
the United States of America (USA) also for this purpose.

F. REPEAL OF THE DUTY IN FORCE AND REGIS-
TRATION 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,
in a finding of dumping in
should the review result
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.

(14)

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
in recital 8 of this Regulation or provide any other
information to be taken into account during the
investigation,

their views

— interested parties may make a written request to be

heard by the Commission,

the USA which,

— interested parties may comment on the appropri-
ateness of
the
applicant will not be granted market economy
is envisaged as a market-economy country
status,
for
the purpose of establishing normal value in
respect of the People’s Republic of China,

in the event

that

— the applicant should submit duly substantiated claims

for market economy status.

H. NON-COOPERATION

(15)

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

(16) 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 use of the facts available is made, 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 1467/2004 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 (PET) falling within CN code 3907 60 20
originating in the People’s Republic of China, produced and sold
for export to the Community by Jiangyin Chengsheng New
Packaging Material Co., Ltd (TARIC additional code A510)
should be subject to the anti-dumping duties imposed by Regu-
lation (EC) No 1467/2004.

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Article 2

anti-dumping

The
(EC)
No 1467/2004 are hereby repealed with regard to the
imports identified in Article 1 of the present Regulation.

by Regulation

imposed

duties

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.

Article 4

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 questionnaire replies or any other information, unless
otherwise specified, within 40 days of the entry into force of
this Regulation. 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 afore-
mentioned period.

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

2.
Parties to the investigation may wish to comment on the
appropriateness of the USA which is envisaged as a market-
the purpose of establishing normal
economy country for
the People’s Republic of China. These
value in respect of
comments must reach the Commission within 10 days of the
entry into force of this Regulation.

Duly substantiated claims for market economy status must
3.
reach the Commission within 15 days of the entry into force of
this Regulation.

All submissions and requests made by interested parties
4.
in electronic format, unless
must be made in writing (not
indicate the name, address,
otherwise specified) and must
telephone and fax, and/or telex numbers of
e-mail address,
including the
the interested party. All written submissions,
information requested in this Regulation, questionnaire replies
and correspondence provided by interested parties on a confi-
dential basis shall be labelled as ‘Limited’ (1) and, in accordance
with Article 19(2) of Regulation (EC) No 384/96, shall be
accompanied by a non-confidential version, which will be
labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

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

European Commission
Directorate-General for Trade
Directorate B
J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

Article 5

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, 1 April 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).