Council Regulation (EC) No 101/2006 of  20 January 2006  amending 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 in India, to imports of polyethylene terephthalate (PET) film consigned from Brazil and from Israel, whether declared as originating in Brazil or Israel or not
Date: 2006-01-20
Institutions: Council of the European Union
Subjects: Brazil, India, Israel, anti-dumping duty, anti-dumping legislation, import, originating product, plastics

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 101/2006

of 20 January 2006

amending 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 in India,
to imports of polyethylene terephthalate (PET) film consigned from Brazil and from Israel, whether
declared as originating in Brazil or Israel or not

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
(‘the
countries not members of the European Community (1)
basic anti-dumping Regulation’), and in particular Articles
11(4) and 13(4) thereof, and to Council Regulation (EC) No
2026/97 of 6 October 1997 on protection against subsidised
imports
the European
(‘the basic anti-subsidy Regulation’) and in
Community (2)
particular Articles 20 and 23(3) thereof,

from countries not members of

Having regard to the proposal submitted by the Commission
after consulting the Advisory Committee,

Whereas:

(1)

(2)

A. MEASURES IN FORCE

The Council, by Regulations (EC) No 1676/2001 (3) and
(EC) No 2597/1999 (4)
imposed anti-dumping and
respectively on polyethylene
countervailing measures
terephthalate (‘PET’) film originating,
inter alia, in India.

By Regulations (EC) No 1975/2004 (5) and (EC) No
1976/2004 (6), the Council extended these measures to
(‘the
PET film consigned from Israel and from Brazil
extended measures’) with the exception of
imports
produced by one Brazilian company, Terphane Ltda,
specifically
and one
mentioned in each of those regulations.

Jolybar Ltd,

company,

Israeli

(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.

On 10 December 2004 (7), the Commission initiated an
expiry review of the definitive countervailing measures
on the basis of Article 18 of the basic anti-subsidy (see
1st recital) Regulation. The repeal or continuation of the
extended measures will depend on the findings of that
investigation.

B. CURRENT INVESTIGATION

1. Request for a review

The Commission subsequently received a request for an
exemption from the extended measures pursuant
to
Articles 11(4) and 13(4) of the basic anti-dumping Regu-
lation and Articles 20 and 23(3) of the basic anti-subsidy
lodged by Hanita
Regulation. The
Coatings Rural Cooperative Association Ltd, Kibbutz
Hanita, 22885,
in Israel
(‘the country concerned’).

(‘Hanita’), a producer

application was

Israel

2. Initiation of a review

the basic anti-subsidy Regulation for

The Commission examined the evidence submitted by
Hanita and considered it sufficient 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
purposes of determining the possibility of granting
Hanita an exemption from the extended measures.
After consultation of
the Advisory Committee, and
the Community industry concerned had been
after
the Commission
given the opportunity to comment,
initiated, by Regulation (EC) No 1370/2005 (8),
a
review of Regulations (EC) No 1975/2004 and (EC) No
1976/2004 with regard to Hanita.

duty

by Regulation

The Regulation initiating the review repealed the anti-
(EC) No
imposed
dumping
1975/2004 with regard to imports of
the product
under investigation consigned from Israel by Hanita.
Simultaneously, pursuant to Article 14(5) of the basic
authorities were
customs
anti-dumping Regulation,
directed to take appropriate steps
such
to register
imports.

(4)

(5)

(6)

(7) OJ C 306, 10.12.2004, p. 2.
(8) OJ L 218, 23.8.2005, p. 3.

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Official Journal of the European Union

21.1.2006

(7)

(8)

(9)

(10)

3. Product concerned

The product concerned is, as defined in the original
investigation, polyethylene
film
originating in India, normally declared under CN
codes ex 3920 62 19 and ex 3920 62 90 (‘the product
concerned’).

terephthalate

(PET)

It is considered that the product concerned and PET film
consigned from Israel to the Community under CN codes
ex 3920 62 19 and ex 3920 62 90 (‘the product under
review’) have the same basic technical, physical and
chemical characteristics and the same uses. Therefore,
they
like products within the
meaning of Article 1(4) of the basic anti-dumping Regu-
lation and Article 1(5) of the basic anti-subsidy Regu-
lation.

considered as

are

4. Investigation

The Commission officially advised Hanita and the repre-
sentatives of the country concerned of the initiation of
the review. Interested parties were invited to make their
views known and informed of the possibility to request a
hearing. No such request was, however, received.

The Commission also sent out a questionnaire to Hanita
and received a satisfactory reply within the relevant
deadline. The Commission sought and verified all the
information deemed necessary for the purposes of the
review. A verification visit was carried out at Hanita’s
premises.

5. Investigation period

(11)

The investigation covered the period from 1 January
2004 to 30 June 2005 (‘the IP’). Data was collected
from 2001 up to the end of the IP to investigate any
change in the pattern of trade.

C. RESULTS OF THE INVESTIGATION

(12)

(13)

The investigation confirmed that Hanita did not export
the product under review to the Community during the
investigation period of the investigation that led to the
extended measures, i.e. 1 January to 31 December 2003.
Hanita's
review
occurred subsequent to the extension of measures.

the product under

first exports of

according

Furthermore,
evidence
to
submitted, Hanita was able to satisfactorily demonstrate
that it did not have any direct or indirect links with any
of the Indian exporting producers or Israeli companies

documentary

subject to the anti-dumping and countervailing measures
in force.

(14) As already mentioned at recital (12), Hanita's exports to
the product under
review first
the Community of
occurred after
extension of measures. Hanita
the
converts and slits purchased PET film and produces a
range of products, some of which fall under the same
CN codes as the product concerned. The PET film
processed by Hanita and exported to the Community
does not use any inputs from India.
is therefore
concluded that this is not a practice constituting circum-
vention.

It

(15)

(16)

(17)

(18)

D. AMENDMENT OF THE MEASURES BEING REVIEWED

In accordance with the above findings that Hanita was
found not to have circumvented the measures in force,
the company should be exempted from the extended
measures.

The registration of imports of PET film consigned from
Israel by Hanita, as imposed by the initiating Regulation,
In accordance with Article 14(5) of the
should cease.
basic anti-dumping Regulation, which provides
that
measures shall be applied against
registered imports
from the date of registration, no anti-dumping duty
should be collected on imports of PET film consigned
from Israel by Hanita which entered the Community
under registration imposed by the initiating Regulation.

The exemption from the extended measures granted to
PET film produced by Hanita shall, in accordance with
Article 13(4) of the basic anti-dumping Regulation and
Article 23(3) of the basic anti-subsidy Regulation, remain
valid under the requirement that it is not established that
false or
the exemption was granted on the basis of
company
misleading information submitted by the
indicate
evidence
concerned.
otherwise, an investigation may be initiated by the
Commission
the
exemption is warranted.

if withdrawal

establish

Should

prima

facie

to

of

The exemption from the extended measures of imports
of PET film from Hanita was established on the basis of
the findings of the present review. This exemption is thus
exclusively applicable to imports of PET film consigned
from Israel and produced by that specific legal entity.
Imported PET film produced or consigned by any
company not specifically mentioned in Article 1(1) of
(EC) No
Regulations
1976/2004 with its name
including
entities related to those specifically mentioned, cannot
benefit from the exemption and should be subject to
the residual duty rate as imposed by Regulations (EC)
No 1676/2001 and (EC) No 2597/1999.

and
and address,

1975/2004

(EC) No

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E. PROCEDURE

(19) Hanita and all other interested parties were informed of
the facts and considerations on the basis of which it was
intended to grant an exemption to Hanita from the
extended measures and no comments were received,

HAS ADOPTED THIS REGULATION:

Article 1

Article 1(1) of Regulation (EC) No 1975/2004 shall be

1.
replaced by the following:

not)

(TARIC

‘1.
The definitive anti-dumping duty of 53,3 % imposed
by Regulation (EC) No 1676/2001 on imports of poly-
falling
ethylene terephthalate film originating in India,
is
within CN codes ex 3920 62 19 and ex 3920 62 90,
hereby extended to imports of
the same polyethylene
terephthalate film consigned from Brazil and consigned
(whether declared as originating in Brazil or
from Israel
3920 62 19 01,
Israel
codes
or
3920 62 19 07,
3920 62 19 11,
3920 62 19 04,
3920 62 19 17,
3920 62 19 21,
3920 62 19 14,
3920 62 19 27,
3920 62 19 31,
3920 62 19 24,
3920 62 19 37,
3920 62 19 41,
3920 62 19 34,
3920 62 19 47,
3920 62 19 51,
3920 62 19 44,
3920 62 19 57,
3920 62 19 61,
3920 62 19 54,
3920 62 19 67,
3920 62 19 92,
3920 62 19 74,
3920 62 90 31, 3920 62 90 92) with the exception of
those produced by Terphane Ltda, BR 101, km 101, City
of Cabo de Santo Agostinho, State of Pernambuco, Brazil
(TARIC additional code A569), by Jolybar Filmtechnic
Converting Ltd (1987), Hacharutsim str. 7, Ind. Park Siim
2000, Natania South, 42504, POB 8380,
(TARIC
additional code A570) and by Hanita Coatings Rural Coop-
Israel
erative Association Ltd, Kibbutz Hanita, 22885,
(TARIC additional code A691).’

Israel

Article 1(1) of Regulation (EC) No 1976/2004 shall be

2.
replaced by the following:

not)

(TARIC

‘1.
The definitive countervailing duty of 19,1 % imposed
by Regulation (EC) No 2597/1999 on imports of poly-
falling
ethylene terephthalate film originating in India,
within CN codes ex 3920 62 19 and ex 3920 62 90,
is
hereby extended to imports of
the same polyethylene
terephthalate film consigned from Brazil and consigned
(whether declared as originating in Brazil or
from Israel
3920 62 19 01,
Israel
codes
or
3920 62 19 07,
3920 62 19 11,
3920 62 19 04,
3920 62 19 17,
3920 62 19 21,
3920 62 19 14,
3920 62 19 27,
3920 62 19 31,
3920 62 19 24,
3920 62 19 37,
3920 62 19 41,
3920 62 19 34,
3920 62 19 47,
3920 62 19 51,
3920 62 19 44,
3920 62 19 61,
3920 62 19 57,
3920 62 19 54,
3920 62 19 92,
3920 62 19 74,
3920 62 19 67,
3920 62 90 31, 3920 62 90 92) with the exception of
those produced by Terphane Ltda, BR 101, km 101, City
of Cabo de Santo Agostinho, State of Pernambuco, Brazil
(TARIC additional code A569), by Jolybar Filmtechnic
Converting Ltd (1987), Hacharutsim str. 7, Ind. Park Siim
2000, Natania South, 42504, POB 8380,
(TARIC
additional code A570) and by Hanita Coatings Rural Coop-
erative Association Ltd, Kibbutz Hanita, 22885,
Israel
(TARIC additional code A691).’

Israel

Article 2

The registration of imports of PET film imposed by Article 3 of
the
Regulation (EC) No 1370/2005 shall
collection of anti-dumping duties.

cease without

Article 3

This Regulation shall enter into force on the day following that
of 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, 20 January 2006.

For the Council
The President

U. PLASSNIK