Notice of initiation of a partial interim review of the anti-dumping measures concerning imports of synthetic staple fibres of polyesters originating in the People's Republic of China, Saudi Arabia, Belarus, Australia, Indonesia, Thailand, the Republic of Korea and India
Date: 2005-12-22
Institutions: European Commission
Subjects: EU control, anti-dumping legislation, import, man-made fibre, originating product, third country

C 325/20

EN

Official Journal of the European Union

22.12.2005

Notice of initiation of a partial interim review of the anti-dumping measures concerning imports
of synthetic staple fibres of polyesters originating in the People's Republic of China, Saudi Arabia,
Belarus, Australia, Indonesia, Thailand, the Republic of Korea and India

(2005/C 325/10)

The Commission has decided on its own initiative to initiate 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 Com-
munity (‘the basic Regulation’) (1). The review is limited to the
examination of the product scope as regards the exclusion of
low melt polyester staple fibres (‘LMP’).

1. Product

The product under review is synthetic staple fibres of polye-
sters, not carded, combed or otherwise processed for spinning
originating in the People's Republic of China, Saudi Arabia,
Belarus, Australia, Indonesia, Thailand, the Republic of Korea
and India (‘the product concerned’) and is 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.

2. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 1522/2000 (2)
Indonesia and
concerning imports originating in Australia,
Thailand, by Regulation (EC) No 2852/2000 (3) concerning
imports originating in the Republic of Korea and India, by
Council Regulation (EC) No 1799/2002 (4) concerning imports
originating in Belarus and by Council Regulation (EC) No
428/2005 (5) concerning imports originating in the People's
Republic of China and Saudi Arabia. On 14 July 2005 (6), a
review of the existing measures concerning imports originating
in Australia, Indonesia and Thailand was initiated on the basis
of Article 11(2) of the basic Regulation.

3. Grounds for the review

indicates that
The information at the Commission's disposal
LMP, should be excluded from the scope of
the product
concerned, as it appears to have different basic physical and
chemical characteristics and end uses in comparison to other
types of polyester staple fibres. In particular, LMP appears to
have inherent binding properties which differentiate it from
other polyester staple fibres.

(1) 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).

(2) OJ L 175, 14.7.2000, p. 10.
(3) OJ L 332, 28.12.2000, p. 17. Regulation as amended by Council

Regulation (EC) No 428/2005 (OJ L 71, 17.3.2005, p. 1).

(4) OJ L 274, 11.10.2002, p. 1.
(5) OJ L 71, 17.3.2005, p. 1. Regulation as amended by Council Regu-

lation (EC) No 1333/2005 (OJ L 211, 13.8.2005, p. 1).

(6) OJ C 174, 14.7.2005, p. 15.

4. Procedure

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, limited
in scope to the definition of the product concerned. The inves-
tigation will assess the need for the amendment of the scope of
the existing measures.

(a) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the importers, to the users, to the Community industry,
to exporting producers in the People's Republic of China,
Saudi Arabia, Belarus, Australia, Indonesia, Thailand, the
Republic of Korea and India and to the authorities of all the
countries concerned. This
information and supporting
evidence should reach the Commission within the time
limit set in point 5(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 5(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 5(b).

5. 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

22.12.2005

EN

Official Journal of the European Union

C 325/21

(b) Hearings

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

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

6. Written submissions, questionnaire replies and cor-

respondence

7. Non-cooperation

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 interested
parties’.

shall be

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 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.

the European Parliament and of

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of
(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)
and Article 6 of the WTO Agreement on Implementation of Article
VI of the Gatt 1994 (Anti-dumping Agreement).

the Council

It