Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of synthetic staple fibres of polyester originating in Thailand
Date: 2005-12-03
Institutions: European Commission
Subjects: Thailand, anti-dumping duty, anti-dumping legislation, import, man-made fibre, originating product

C 307/2

EN

Official Journal of the European Union

3.12.2005

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of synthetic staple fibres of polyester originating in Thailand

(2005/C 307/02)

The Commission has received a request for a partial interim
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 on protection against dumped imports from countries
not members of the European Community (‘the basic Regu-
lation’) (1), as last amended by Council Regulation (EC) No
461/2004 (2).

5. Procedure for the determination of dumping

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 11(3) of the basic Regulation.

1. Request for review

The request was lodged by Tuntex (Thailand) Public Company
Limited (‘the applicant’), an exporter from Thailand.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the sole applicant.

The request is limited in scope to the examination of dumping
as far as the applicant is concerned.

(a) Questionnaires

2. Product

The product under review is synthetic staple fibres of polyester,
not carded, combed or otherwise processed for spinning origin-
ating in Thailand (‘the product concerned’), currently classifiable
within CN code 5503 20 00. It is commonly referred to as
polyester staple fibres or PSF. 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) on
imports of synthetic staple fibres of polyester originating in
Thailand. On 14 July 2005, a review of the existing measures
was initiated on the basis of Article 11(2) of the basic Regu-
lation (4).

4. Grounds for the review

The request pursuant to Article 11(3) of the basic Regulation is
based on the prima facie evidence, provided by the applicant,
that the circumstances on the basis of which measures were
established have changed and that
these changes are of a
lasting nature.

The applicant has provided evidence showing that a compar-
ison of normal value based on its own cost/domestic prices and
its export prices to a third country market comparable to the
EU, would lead to a reduction of dumping significantly below
the level of
the continued
the current measure. Therefore,
imposition of measures at the existing levels, which were based
on the level of dumping previously established, is no longer
necessary to offset dumping.

(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 77, 13.3.2004, p. 12.
(3) OJ L 175, 14.7.2000, p. 10.
(4) OJ C 174, 14.7.2005, p. 15.

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the applicant and to the authorities of the exporting
country concerned. 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

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).

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

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EN

Official Journal of the European Union

C 307/3

(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 numbers 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

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.

(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