Commission Regulation (EC) No 1370/2005 of 22 August 2005 initiating a review of Council Regulations (EC) No 1975/2004 and (EC) No 1976/2004 extending definitive anti-dumping and countervailing duties on imports of polyethylene terephthalate (PET) film originating, inter alia, in India, to imports of that product consigned from, inter alia, Israel for the purposes of determining the possibility of granting an exemption from those measures to one Israeli exporter, repealing the anti-dumping duty with regard to imports from that exporter and making imports from that exporter subject to registration
Date: 2005-08-22
Institutions: European Commission
Subjects: India, Israel, anti-dumping duty, anti-dumping legislation, originating product, plastics, repeal, thin sheet

23.8.2005

EN

Official Journal of the European Union

L 218/3

COMMISSION REGULATION (EC) No 1370/2005

of 22 August 2005

initiating a review of Council Regulations (EC) No 1975/2004 and (EC) No 1976/2004 extending
definitive anti-dumping and countervailing duties on imports of polyethylene terephthalate (PET) film
originating, inter alia, in India, to imports of that product consigned from, inter alia, Israel for the
purposes of determining the possibility of granting an exemption from those measures to one Israeli
exporter, repealing the anti-dumping duty with regard to imports from that exporter and making
imports from that exporter subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
anti-dumping Regulation), and in particular Articles 11(4) and
13(4) thereof, and to Council Regulation (EC) No 2026/97 (2) of
6 October 1997 on protection against subsidised imports from
countries not members of the European Community (the basic
anti-subsidy Regulation) and in particular Articles 20 and 23(3)
thereof,

After consulting the Advisory Committee,

Whereas:

A. EXISTING MEASURES

(1)

The Council, by Regulations (EC) No 1676/2001 (3) and
No 2597/1999 (4)
imposed anti-dumping and anti-
subsidy measures respectively on PET film originating,
inter alia, in India (the original measures). By Regulations
(EC) No 1975/2004 (5) and (EC) No 1976/2004 (6), the
Council extended these measures to PET film consigned
from Israel (the extended measures) with the exception of
imports
specifically
mentioned.

consigned

company

one

by

B. REQUEST FOR A REVIEW

(2)

The Commission has received a request for an exemption
pursuant to Articles 11(4) and 13(4) of the basic anti-
dumping Regulation and Articles 20 and 23(3) of the

(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 288, 21.10.1997, p. 1. Regulation as last amended by Regu-

lation (EC) No 461/2004.
(3) OJ L 227, 23.8.2001, p. 1.
(4) OJ L 316, 10.12.1999, p. 1.
(5) OJ L 342, 15.11.2004, p. 1.
(6) OJ L 342, 15.11.2004, p. 8.

basic anti-subsidy Regulation from the anti-dumping and
anti-subsidy measures extended to imports of PET film
consigned from Israel. The application was lodged by
Hanita Coatings Rural Cooperative Association Ltd (the
applicant). The applicant
(the
country concerned).

is a producer in Israel

C. PRODUCT

under

polyethylene
The
product
terephthalate (PET)
(the
product concerned) normally declared within CN codes
ex 3920 62 19 and 3920 62 90.

film consigned from Israel

examination

is

D. GROUNDS FOR THE REVIEW

to

the Community

The applicant alleges that it did not export the product
concerned
under CN codes
ex 3920 62 19 or ex 3920 62 90 during the investi-
gation period used in the investigation that lead to the
extended measures, i.e. 1 January to 31 December 2003.
The applicant
to the
extension of measures the company was informed that,
for the first time, certain of its exported products were
being classified under 3920 62 19 on importation into
the Community and consequently subject to the extended
measures.

further alleges that subsequent

Furthermore, the applicant alleges that it is not related to
exporting producers subject to measures imposed on the
product concerned, and that it has not circumvented the
measures applicable to PET film of Indian origin.

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.

(3)

(4)

(5)

(6)

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Official Journal of the European Union

23.8.2005

(7)

(8)

(9)

(10)

Having examined the evidence available, the Commission
concludes that there is sufficient evidence to justify the
initiation of an investigation pursuant to Articles 11(4)
and 13(4) of
the basic anti-dumping Regulation and
Articles 20 and 23(3) of the basic anti-subsidy Regu-
lation for the purposes of determining the possibility of
granting the applicant an exemption from the extended
measures.

H. NON-COOPERATION

(12)

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 anti-dumping
Regulation and Article 28 of the basic anti-subsidy Regu-
lation, on the basis of the facts available.

(a) Questionnaires

In order to obtain the information it deems necessary for
the Commission will send a ques-
its investigation,
tionnaire 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
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,

(13) 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 anti-dumping Regulation and
Article 28 of the basic anti-subsidy Regulation, of the
facts available. If an interested party does not cooperate
or cooperates only partially, and findings are therefore
based on facts available in accordance with Article 18 of
the basic anti-dumping Regulation and Article 28 of the
basic anti-subsidy Regulation,
the result may be less
favourable to that party than if it had cooperated,

F. REPEAL OF THE ANTI-DUMPING DUTY IN FORCE
AND REGISTRATION OF IMPORTS

HAS ADOPTED THIS REGULATION:

export

to Article 11(4) of

should be made subject

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

examination. The

amount of

the basic

the

G. TIME LIMITS

(11)

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.

Article 1

A review of Regulations (EC) No 1975/2004 and (EC) No
1976/2004 is hereby initiated pursuant to Articles 11(4) and
13(4) of Regulation (EC) No 384/96 and Articles 20 and 23(3)
of Regulation (EC) No 2026/97 in order to establish whether
the imports of polyethylene terephthalate (PET)
film falling
within CN codes ex 3920 62 19 or ex 3920 62 90 consigned
from Israel by Hanita Coatings Rural Cooperative Association
(TARIC additional code
Ltd, Kibbutz Hanita, 22885,
A691), should be subject to the anti-dumping and counter-
vailing duties imposed by Regulations (EC) No 1975/2004
and (EC) No 1976/2004.

Israel

Article 2

The anti-dumping duty imposed by Regulation (EC) No
1975/2004 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.

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Official Journal of the European Union

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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 the replies to the questionnaire mentioned in recital 8 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
in Council Regulations (EC) No
procedural
384/96 and (EC) No 2026/97 depends on the party’s making
itself known within the aforementioned period.

rights set out

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

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 Council Regulation (EC) No 384/96 and with
Article 29(2) of Regulation (EC) No 2026/97, shall be accom-
panied 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
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05.

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,

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, 22 August 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 Council
Regulation (EC) No 384/96 (OJ L 56, 6.3.1996 p. 1), Article 6 of
the WTO Agreement on Implementation of Article VI of the GATT
1994 (Anti-dumping Agreement), 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 Countervailing Measures.