Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in India, Indonesia, the Republic of Korea, Malaysia, Taiwan and Thailand and a partial interim review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in the Republic of Korea and Taiwan
Date: 2005-12-01
Institutions: European Commission
Subjects: anti-dumping duty, anti-dumping legislation, import, originating product, plastics, third country

1.12.2005

EN

Official Journal of the European Union

C 304/9

Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of
certain polyethylene terephthalate originating in India, Indonesia, the Republic of Korea, Malaysia,
Taiwan and Thailand and a partial interim review of the anti-dumping measures applicable to
imports of certain polyethylene terephthalate originating in the Republic of Korea and Taiwan

(2005/C 304/04)

Following the publication of a notice of impending expiry (1) of
the anti-dumping measures in force on imports of certain poly-
ethylene terephthalate originating in India,
the
Republic of Korea, Malaysia, Taiwan and Thailand (‘countries
concerned’), the Commission has received a request for review
pursuant to Article 11(2) and (3) of Council Regulation (EC)
No 384/96 on protection against dumped imports from coun-
tries not members of the European Community (‘the basic
Regulation’) (2), as last amended by Council Regulation (EC) No
461/2004 (3).

Indonesia,

1. Request for review

The request was lodged on 30 August 2005 by the Polyethy-
lene Terephthalate (PET) Committee of PlasticsEurope (‘the
applicant’) on behalf of producers representing a major propor-
tion,
in this case more than 90 %, of the total Community
production of certain polyethylene terephthalate.

2. Product

The product under review is polyethylene terephthalate with a
coefficient of viscosity of 78 ml/g or higher, according to DIN
(Deutsche Industrienorm) 53728 originating in India,
Indo-
nesia, the Republic of Korea, Malaysia, Taiwan and Thailand
(‘the product concerned’), currently classifiable within CN code
3907 60 20. 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 2604/2000 (4), as
last amended by Council Regulation (EC) No 1646/2005 (5) and
undertakings
Decision
by
2000/745/EC (6) as last amended by Commission Decision No
2005/697/EC (7).

Commission

accepted

(1) OJ C 52, 2.3.2005, p. 2.
(2) 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).

(3) OJ L 77, 13.3.2004, p.12.
(4) OJ L 301, 30.11.2000, p. 21.
(5) OJ L 266, 11.10.2005, p. 10.
(6) OJ L 301, 30.11.2000, p. 88.
(7) OJ L 266, 11.10.2005, p. 62.

4. Grounds for the review

4.1. Grounds for the expiry review

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

The allegation of continuation of dumping in respect of the
Republic of Korea and Taiwan is based on a comparison of a
constructed normal value with the export prices of the product
concerned when sold for export to the Community.

On this basis, the dumping margins calculated are significant
for the Republic of Korea and Taiwan.

In demonstrating the likelihood of recurrence of dumping for
the United Arab
India, export prices to Turkey, Romania,
Emirates, Israel, Algeria and the United States of America have
been used by the applicant given the current absence of signifi-
cant import volumes from India into the EC.

In demonstrating the likelihood of recurrence of dumping for
Indonesia, export prices to Japan, the United States of America,
Malaysia, Australia and Turkey have been used by the applicant
given the current absence of significant import volumes from
Indonesia into the EC.

In demonstrating the likelihood of recurrence of dumping for
Malaysia, export prices to Iran have been used by the applicant
given the current absence of significant import volumes from
Malaysia into the EC.

In demonstrating the likelihood of recurrence of dumping for
Thailand, export prices to Japan and the United States of
America have been used by the applicant given the current
absence of significant import volumes from Thailand into the
EC.

The allegation of recurrence of dumping for India, Indonesia,
Malaysia and Thailand is based on a comparison of a
constructed normal value with the export prices of the product
concerned when sold for export to the abovementioned third
countries.

On the basis of the above comparisons of normal values and
export prices, which show dumping from India,
Indonesia,
Malaysia and Thailand, the applicant alleges that there is a like-
lihood of recurrence of dumping.

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Official Journal of the European Union

1.12.2005

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 and the recent investments in produc-
tion capacity in the countries concerned.

or recurrence of dumping and injury. The interim review will
determine whether,
the product
concerned from Taiwan and three abovementioned exporting
producers in the Republic of Korea, the level of the measures is
sufficient to counteract the injurious dumping.

in regard to imports of

It is also alleged that
imports of the product
the flow of
concerned is likely to rise due to the measures in force on
imports of
similar products originating in the countries
concerned in traditional markets other than the EU (i.e. the
People's Republic of China). All this can lead to a redirection of
exports from other third countries to the Community.

It is further alleged that the volumes of the imported product
originating in the Republic of Korea and Taiwan have
continued, among other consequences,
to have a negative
impact on the market share held, resulting in substantial
adverse effects on the financial situation and employment situa-
tion of the Community industry.

In addition, the applicant alleges that the removal of injury is
mainly due to the existence of measures and that any recur-
rence of substantial imports at dumped prices from the coun-
tries concerned would likely lead to a recurrence of further
injury of the Community industry should measures be allowed
to lapse.

4.2. Grounds for the partial interim review

in regard to
The applicant has provided information that,
the product concerned from Taiwan and three
imports of
exporting producers in the Republic of Korea,
i.e. Daehan
Synthetic Fiber Co. Ltd, SK Chemicals Co. Ltd and KP Chemical
Corp., the level of the measures is no longer sufficient to coun-
teract the injurious dumping.

5. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
expiry review and a partial interim review, limited to dumping
aspects, as far as imports from Taiwan and from the three
abovementioned Korean exporting producers are concerned,
the Commission hereby initiates a review in accordance with
Article 11(2) and (3) of the basic Regulation.

5.1. Procedure for the determination of dumping, likelihood

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) S a mp li ng f or e x p o r te r s/ p r odu c e r s

i n Indi a ,

Indone sia, the R ep ublic of K or e a and T ai wan

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

number and contact person,

— the turnover in local currency and the sales volume
in tonnes of the product concerned sold for export
to the Community and exports to other countries
(separately) during the period 1 October 2004 until
30 September 2005,

— the turnover in local currency and the sales volume
in tonnes of the product concerned sold on the
domestic market during the period 1 October
2004 until 30 September 2005,

— the turnover in local currency and the sales volume
in tonnes for the product concerned sold to other
third countries during the period 1 October 2004
until 30 September 2005,

— whether the company intends to claim an indivi-
dual margin (individual margins can only be
claimed by producers (1)),

— 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
October 2004 until 30 September 2005,

The expiry review will determine whether the expiry of the
measures would be likely, or unlikely, to lead to a continuation

(1) Individual margins may be claimed pursuant to Article 27(3) of the

basic Regulation for companies not included in the sample.

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— 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,

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

companies (2)
selling of the product concerned,

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

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

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

— 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

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers
in India, Indonesia, the Republic of Korea and Taiwan,
the Commission will, in addition, contact the authori-
ties of these exporting countries, and any known asso-
ciations of exporters/producers.

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

the sample of

importers,

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

(iii) S a mp li ng for Commu ni ty p r odu c e 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

number and contact person,

— the total turnover in EUR of the company during
the period 1 October 2004 until 30 September
2005,

— the total number of employees,

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

number and contact person,

— the precise activities of the company with regard to

the product concerned,

— the total turnover in EUR of the company during
the period 1 October 2004 until 30 September
2005,

— the volume in tonnes and value in EUR of imports
into and resales made in the Community market
during the period 1 October 2004 until 30
product
September
concerned originating in India,
the
Republic of Korea, Malaysia, Taiwan and Thailand,

Indonesia,

imported

2005

the

of

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

laying down provisions

for

— 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 October 2004 until 30 September
2005,

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

laying down provisions

for

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Official Journal of the European Union

1.12.2005

— the value in EUR of sales of the product concerned
made in the Community market during the period
1 October 2004 until 30 September 2005,

— the volume in tonnes of sales of

the product
concerned made in the Community market during
the period 1 October 2004 until 30 September
2005,

— the volume in tonnes of the production of the
product concerned during the period 1 October
2004 until 30 September 2005,

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

companies (1)
selling of the product concerned,

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

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

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

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

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

the
If
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.

(b) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires

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

laying down provisions

for

to the sampled Community industry and to any association
of producers in the Community, to the sampled exporters/
producers in India, Indonesia, the Republic of Korea and
Taiwan, to the exporters/producers in Malaysia and Thai-
land,
to the
to any association of exporters/producers,
sampled importers, to any association of importers named
in the request or which cooperated 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
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)(ii).

information other

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).

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

(a) General time limits

(i) F or p a r t i e s to r e q u e st a q u e sti o n n a i r e

All
interested parties who did not cooperate in the
investigation leading to the measures subject to the
present review should request a questionnaire as soon
as possible, but not later than 15 days after the publi-
cation of this notice in the Official Journal of the Euro-
pean Union.

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

Companies selected in a sample must submit question-
naire replies within the time limit specified in point
6(b)(iii).

(iii) H e a r i ng s

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 number of the interested party. All written
submissions, including the information requested in this notice,
questionnaire replies and correspondence provided by inter-
ested 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

Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
BE-1049 Brussels
Fax (32-2) 295 65 05

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

8. Non-cooperation

(b) Specific time limit in respect of sampling

(i) The

information specified in paragraph 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
the European Union,
Journal of
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 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.

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
the result may be less
Article 18 of the basic Regulation,
favourable to that party than if it had cooperated.

9. Schedule of the expiry review investigation

The expiry review 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.

(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