Notice of initiation of a partial interim review of the countervailing measures applicable to imports of polyethylene terephthalate (PET) film originating in India
Date: 2005-07-12
Institutions: European Commission
Subjects: India, countervailing charge, export subsidy, import, originating product, plastics

12.7.2005

EN

Official Journal of the European Union

C 172/5

Notice of initiation of a partial

interim review of the countervailing measures applicable to

imports of polyethylene terephthalate (PET) film originating in India

(2005/C 172/04)

The Commission has received a request for a partial interim
review pursuant to Article 19 of Council Regulation (EC) No
2026/97 on protection against subsidised imports from coun-
tries not members of the European Community (1) (‘the basic
Regulation’), as last amended by Council Regulation (EC) No
461/2004 (2).

present level is no longer sufficient to counteract the subsidisa-
tion which is causing injury. The applicants have provided
sufficient evidence in accordance with Article 19(2) of the basic
Regulation that the subsidy amount has increased well above
the 3,8 % of
the definitive countervailing duty which is
currently applicable for Garware Polyester Ltd.

1. Request for review

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

The request is limited in scope to the examination of subsidisa-
tion as far as Garware Polyester Ltd is concerned.

2. Product

It is alleged that Garware Polyester Ltd benefits from a number
of subsidies granted by the Government of
India and the
Government of Maharashtra. These alleged subsidies consist of,
among others,
the
export promotion capital goods scheme, the package scheme
of incentives of the Government of Maharashtra, special import
licences and export credits.

the duty entitlement passbook scheme,

It is alleged that the above schemes are subsidies since they
involve a financial contribution from the Government of India
or other regional governments and confer a benefit to Garware
Polyester Ltd. They are alleged to be contingent upon export
performance and therefore specific and countervailable or to be
otherwise specific and countervailable.

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.

5. Procedure

3. Existing measures

The measure currently in force for Garware Polyester Ltd is a
definitive countervailing duty imposed by Council Regulation
(EC) No 2597/1999 (3)
imposing a definitive countervailing
duty on imports of polyethylene terephthalate (PET) film origin-
ating in India and collecting definitively the provisional duty
imposed. These measures are currently subject to an expiry
review investigation (4) in accordance with Article 18 of the
basic Regulation.

4. Grounds for the review

The request pursuant to Article 19 of the basic Regulation is
based on the prima facie evidence, provided by the applicants,
that, as far as Garware Polyester Ltd is concerned, the circum-
stances with regard to subsidisation have changed significantly.

The applicants allege that the existing measure on imports of
the product under review from Garware Polyester Ltd at its

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 19 of the basic Regulation.

(a) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to Garware Polyester Ltd and to the Indian authorities. This
information and supporting evidence should reach the
Commission within the time limit set in point 6(a).

(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 point 6(a).

information other

(1) OJ L 288, 21.10.97, p. 1.
(2) OJ L 77, 13.3.2004, p. 12.
(3) OJ L 316, 10.12.1999, p. 1.
(4) OJ C 306, 10.12.2004, p. 2.

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).

C 172/6

EN

Official Journal of the European Union

12.7.2005

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 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

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 cor-

respondence

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.

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of the European Parliament and of the Council regarding public
access to European Parliament, Council and Commission documents
(OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant
to Article 29 of the basic Regulation and Article 12 of the WTO
Agreement on Subsidies and Countervailing Measures.

It