Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of synthetic staple fibres of polyester originating in Australia, Indonesia and Thailand
Date: 2005-07-14
Institutions: European Commission
Subjects: Australia, Indonesia, Thailand, anti-dumping duty, import, man-made fibre, originating product

14.7.2005

EN

Official Journal of the European Union

C 174/15

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
synthetic staple fibres of polyester originating in Australia, Indonesia and Thailand

(2005/C 174/05)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of synthetic
staple fibres of polyester originating in Australia, Indonesia and
the Commission has
Thailand (‘the countries concerned’),
received a request
to Article 11(2) of
for review pursuant
Council Regulation (EC) No 384/96 on protection against
dumped imports from countries not members of the European
Community (‘the basic Regulation’) (2).

1. Request for review

The request was lodged on 14 April 2005 by CIRFS (‘the appli-
cant’) on behalf of producers representing a major proportion,
in this case more than 50 % of the total Community produc-
tion of synthetic staple fibres of polyester.

2. Product

The product under review is synthetic staple fibres of polye-
sters, not carded, combed or otherwise processed for spinning
originating in Australia, Indonesia and Thailand (‘the product
concerned’), currently classifiable within CN code 5503 20 00.
This CN code is given only for information.

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1522/2000 (3).

4. Grounds for the review

The request
the expiry of
is based on the grounds that
measures would be likely to result in a recurrence of dumping
and injury to the Community industry.

made at dumped prices. In such circumstances, it is alleged that
there is a strong likelihood of recurrence of dumping from
Indonesia and Thailand to the EU.

As far as Australia is concerned, the applicants allege that the
sole producer of the product concerned with capacity to export
is owned by an Indonesian producer of the product concerned
and this latter producer is currently subject to a higher anti-
dumping duty for Indonesia than for Australia. Given this
corporate link, the cost structure for Australian products and
the likely export prices to other third markets, it is alleged that
there is a strong likelihood of recurrence of dumping from
Australia as well.

The applicant further alleges the likelihood of further injurious
dumping. In this respect, the applicant presents evidence that,
should measures be allowed to lapse, the current import level
of the product concerned is likely to increase due to the exis-
tence of unused capacity in the countries concerned.

imports of the product
the flow of
It is also alleged that
concerned is likely to rise due to the measures in force on
imports of
the same products originating in the countries
concerned in traditional markets other than the EU (i.e. Turkey
and India). All this can lead to a redirection of exports of the
product concerned from other third countries to the Com-
munity.

Furthermore,
the applicant alleges that the situation of the
Community industry is still fragile and that any recurrence of
substantial
from the countries
concerned would likely lead to a recurrence of further injury of
the Community industry should measures be allowed to lapse.

imports at dumped prices

It is alleged that Indonesian exports to other third countries, i.e.
the People's Republic of China, Iran, Egypt and Australia, are
made at dumped prices. It is further alleged that Thai exports
to other third countries,
i.e. the People's Republic of China,
Indonesia, Hong Kong, the United States of America, Vietnam,
India, Egypt, Bangladesh, Iran, Nepal and the Philippines, are

5. Procedure

(1) OJ C 261, 23.10.2004, p. 2.
(2) 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).

(3) OJ L 175, 14.7.2000, p. 10.

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review, the Commission hereby initiates a review in
accordance with Article 11(2) of the basic Regulation.

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Official Journal of the European Union

14.7.2005

5.1. Procedure

for

the determination of

likelihood of

dumping and injury

— any other relevant information that would assist
the Commission in the selection of the sample,

The investigation will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation
or recurrence of dumping and injury.

(a) Sampling

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling,
in accordance with Article 17 of the basic Regulation.

(i) Sa mp li ng for e x p or te r s/ p r o du c e r s

i n Indo-

ne si a a nd Tha i la nd

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters/producers or representatives acting on their
behalf, are hereby requested to make themselves
known by contacting the Commission and providing
the following information on their company or compa-
nies within the time limit set in point 6(b)(i) and in the
formats indicated in point 7:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the turnover in local currency and the volume in
tonnes of the product concerned sold for export to
the Community during the period 1 July 2004 to
30 June 2005,

— the turnover in local currency and the volume in
tonnes of
the product concerned sold on the
domestic market during the period 1 July 2004 to
30 June 2005,

— the turnover in local currency and the volume in
tonnes of the product concerned sold to other third
countries during the period 1 July 2004 to 30 June
2005,

— the precise activities of the company with regard to
the production of the product concerned and the
production volume in tonnes of
the product
concerned, the production capacity and the invest-
ments in production capacity during the period 1
July 2004 to 30 June 2005,

— the names and the precise activities of all related
involved in the production and/or
the product

companies (1)
selling (export and/or domestic) of
concerned,

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 laying
down provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs Code (OJ L
253, 11.10.1993, p. 1).

imply

replying

— by providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
will
and
its
accepting
response. If the company indicates that it does not
agree to its possible inclusion in the sample, it will
be deemed to not have cooperated in the investiga-
tion. The consequences of non-cooperation are set
out in point 8 below.

to a questionnaire

investigation of

an on-the-spot

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will, in addition, contact the authori-
ties of the exporting countries, and any known associa-
tions of exporters/producers.

(ii) S a mp li ng for i mp or te r s

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
on their company or companies within the time limit
set in point 6(b)(i) and in the formats indicated in
point 7:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the total turnover in EUR of the company during

the period 1 July 2004 to 30 June 2005,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in tonnes and value in EUR of imports
into and resales made in the Community market
during the period 1 July 2004 to 30 June 2005 of
the imported product concerned originating in
Australia, Indonesia and Thailand,

— the names and the precise activities of all related
involved in the production and/or

companies
selling of the product concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

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Official Journal of the European Union

C 174/17

imply

replying

— by providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
and
will
accepting
its
response. If the company indicates that it does not
agree to its possible inclusion in the sample, it will
be deemed to not have cooperated in the investiga-
tion. The consequences of non-cooperation are set
out in point 8 below.

to a questionnaire

investigation of

an on-the-spot

imply

replying

an on-the-spot

to a questionnaire

company is chosen to be part of the sample, this
and
will
accepting
its
response. If the company indicates that it does not
agree to its possible inclusion in the sample, it will
be deemed to not have cooperated in the investiga-
tion. The consequences of non-cooperation are set
out in point 8 below.

investigation of

In order to obtain the information it deems necessary
the
for the selection of
Commission will, in addition, contact any known asso-
ciations of importers.

the sample of

importers,

(iv) F i na l se le c ti on of t h e sa mp le s

All interested parties wishing to submit any relevant
information regarding the selection of
the samples
must do so within the time limit set in point 6(b)(ii).

(iii) Sa mp li ng for Commu n i ty p r odu c e r s

In view of the large number of Community producers
supporting the request,
the Commission intends to
investigate injury to the Community industry by
applying sampling.

In order to enable the Commission to select a sample,
all Community producers are hereby requested to
provide the following information on their company
or companies within the time limit set in point 6(b)(i):

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the total turnover in EUR of the company during

the period 1 July 2004 to 30 June 2005,

samples

The Commission intends to make the final selection of
the
consulted the parties
concerned that have expressed their willingness to be
included in the sample.

after having

Companies included in the samples must reply to a
questionnaire within the time limit set in point 6(b)(iii)
and must cooperate within the framework of the inves-
tigation.

forthcoming,

sufficient cooperation is not

If
the
Commission may base its findings, in accordance with
Articles 17(4) and 18 of the basic Regulation, on the
facts available. A finding based on facts available may
be less advantageous
to the party concerned, as
explained in point 8.

— the precise activities of the company with regard to
the production of the product concerned and the
volume in tonnes of the product concerned during
the period 1 July 2004 to 30 June 2005,

(b) Questionnaires

— the value in EUR of sales of the product concerned
made in the Community market during the period
1 July 2004 to 30 June 2005,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 July 2004 to 30 June 2005,

— the volume in tonnes of the production of the
product concerned during the period 1 July 2004
to 30 June 2005,

— the names and the precise activities of all related
involved in the production and/or

companies
selling of the product concerned,

— any other relevant information that would assist
the Commission in the selection of the sample,

— by providing the above information, the company
agrees to its possible inclusion in the sample. If the

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the sampled Community industry and to any association
of producers in the Community, to the sampled exporters/
producers in Indonesia and Thailand,
to the exporters/
to any association of exporters/
producers in Australia,
producers, to the sampled importers, to any association of
importers named in the request or which co-operated in
the investigation leading to the measures subject to the
present review, and to the authorities of the exporting
countries concerned.

(c) Collection of information and holding of hearings

submit

All interested parties are hereby invited to make their views
than questionnaire
known,
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)(ii) of this notice.

information other

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Official Journal of the European Union

14.7.2005

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(a)(iii) of
this notice.

5.2. Procedure for the assessment of Community interest

In accordance with Article 21 of the basic Regulation and in
the event that the likelihood of a continuation or recurrence of
dumping and injury is confirmed, a determination will be made
as to whether to maintain or repeal the anti-dumping measures,
would not be against the Community interest. For this reason
the Community industry, importers, their representative asso-
ciations, representative users and representative consumer orga-
nisations, provided that they prove that there is an objective
link between their activity and the product concerned, may,
within the general time limits set in point 6(a)(ii), make them-
selves known and provide the Commission with information.
The parties which have acted in conformity with the previous
sentence may request a hearing, setting the particular reasons
why they should be heard, within the time limit set in point
It should be noted that any information submitted
6(a)(iii).
pursuant
if
to Article 21 will only be taken into account
supported by factual evidence at the time of submission.

6 Time limits

depends on the party's making itself known within the
aforementioned period.

(iii) He a r i ng s

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

(b) Specific time limit in respect of sampling

(i) The information specified in point 5.1(a)(i), 5.1(a)(ii)
and 5.1(a)(iii) should reach the Commission within 15
days of the date of publication of this notice in the
Official Journal of the European Union, given that the
Commission intends to consult parties concerned that
have expressed their willingness to be included in the
sample on its final selection within a period of 21
days of the publication of this notice in the Official
Journal of the European Union.

(ii) All other information relevant for the selection of the
sample as referred to in point 5.1(a)(iv) must reach the
Commission within a period of 21 days of the publi-
cation of this notice in the Official Journal of the Euro-
pean Union.

(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date
of the notification of their inclusion in the sample.

(a) General time limits

7. Written submissions, questionnaire replies and cor-

respondence

(i) For p ar ti e s to r e q u e st a q u e sti onnai r e

All
interested parties who did not cooperate in the
investigation leading to the measures subject to the
review should, unless sampling provisions
present
apply for them, request a questionnaire as soon as
possible, but not later than 15 days after the publica-
tion of this notice in the Official Journal of the European
Union.

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

shall be

(ii) F or p a r ti e s t o ma ke th e mse lve s know n,

t o
su bmi t q u e st i on n a i r e r e p l i e s a n d a n y oth e r
i nfor ma ti on

All interested parties, if their representations are to be
taken into account during the investigation, must
make themselves known by contacting the Commis-
sion, 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 Journal
the European Union, unless otherwise specified.
of
Attention is drawn to the fact that the exercise of
most procedural rights set out in the basic Regulation

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

(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 19 of the basic Regulation and Article 6 of the WTO
Agreement on Implementation of Article VI of the GATT 1994
(Anti-dumping Agreement).

It

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8. Non-cooperation

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 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 and find-
ings are therefore based on facts available in accordance with
Article 18 of the basic Regulation,
the result may be less
favourable to that party than if it had cooperated.

9. Schedule of the investigation

The investigation will be concluded, according to Article 11(5)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union.