Commission Regulation (EC) No 342/2006 of  24 February 2006  initiating a  new exporter  review of Council Regulation (EC) No 428/2005 imposing a definitive anti-dumping duty on imports of synthetic staple fibres of polyesters originating,  inter alia , in the People’s Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2006-02-24
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, man-made fibre

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Official Journal of the European Union

25.2.2006

COMMISSION REGULATION (EC) No 342/2006

of 24 February 2006
initiating a ‘new exporter’ review of Council Regulation (EC) No 428/2005 imposing a definitive
anti-dumping duty on imports of synthetic staple fibres of polyesters originating, inter alia, in the
People’s Republic of China, repealing the duty with regard to imports from one exporter in this
country and making these imports 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 of
22 December 1995 on protection against dumped imports
from countries not members of
the European Community
(the basic Regulation) (1), and in particular Article 11(4) thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. REQUEST FOR A REVIEW

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the basic
Regulation. The application was lodged by Huvis Sichuan
(‘the applicant’), an exporting producer in the People’s
Republic of China (the country concerned).

B. PRODUCT

The product under review is synthetic staple fibres of
polyesters, not carded, combed or otherwise processed
for spinning originating in the People’s Republic of
China (the product concerned), currently classifiable
within CN code 5503 20 00. This CN code is given
only for information.

C. EXISTING MEASURES

The measures currently in force are a definitive anti-
dumping duty imposed by Council Regulation (EC) No
428/2005 (2) under which imports into the Community
the product concerned originating in the People’s
of
Republic of China, and produced by the applicant, are
subject to a definitive anti-dumping duty of 49,7 % with
the exception of companies specially mentioned which
are subject to individual duty rates.

D. GROUNDS FOR THE REVIEW

it operates under market
The applicant alleges that
economy conditions as defined in Article 2(7)(c) of the
basic Regulation or
individual
treatment in conformity with Article 9(5) of the basic
Regulation,
the product
did not
concerned to the Community during the period of inves-

alternatively

export

claims

that

it

(5)

(6)

(7)

(8)

i.e.

tigation on which the anti-dumping measures were
the period from 1 January 2003 to 31
based,
December 2003 (the original
investigation period) and
that it is not related to any of the exporting producers
of the product which are subject to the above mentioned
anti-dumping measures.

The applicant further alleges that it has begun exporting
the product concerned to the Community after the end
of the original investigation period.

E. PROCEDURE

Community producers known to be concerned have been
informed of the above application and have been given
and opportunity to comment. No comments have been
received.

Having examined the evidence available, the Commission
concludes that there is sufficient evidence to justify the
initiation of a ‘new exporter’ review, pursuant to Article
11(4) of the basic Regulation, with a view to determine
whether the applicant operates under market economy
conditions as defined in Article 2(7)(c) of the basic Regu-
lation or alternatively whether the applicant fulfils the
requirements to have an individual duty established in
the basic Regulation
accordance with Article 9(5) of
and, if so, the applicant's individual margin of dumping
and, should dumping be found, the level of the duty to
which its imports of the product concerned into the
Community should be subject.

it

the

applicant

is determined that

the
If
requirements to have an individual duty established,
it
may be necessary to amend the rate of duty currently
applicable to imports of the product concerned from
companies not mentioned in Article 1(2) of Regulation
(EC) No 428/2005.

fulfils

(a) Questionnaires

In order to obtain the information it deems necessary
for its investigation, the Commission will send ques-
tionnaires to the applicant.

(b) Collection of information and holding of hearings

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 71, 17.3.2005, p. 1. Regulation as amended by Regulation (EC)

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

All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence.

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Official Journal of the European Union

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Furthermore,
parties, provided that
writing showing that
why they should be heard.

the Commission may hear interested
they make a request
in
there are particular reasons

Attention is drawn to the fact that the exercise of
most procedural rights set out in the Regulation (EC)
No 384/96 depends on the party’s making itself
known within the period provided for by the
present Regulation.

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

(c) Selection of the market economy country

G. TIME LIMITS

In the event that the applicant is not granted market
economy status but fulfils the requirements to have
an individual duty established in accordance with
Article 9(5) of the basic Regulation, an appropriate
market economy country will be used for
the
purpose of establishing normal value in respect of
the People’s Republic of China in accordance with
Article 2(7)(a)
basic Regulation. The
Commission envisages using the United States of
America again for this purpose as was done in the
investigation which led to the imposition of measures
the product concerned from the
on imports of
People’s Republic of China.
Interested parties are
hereby invited to comment on the appropriateness
of this choice within the specific time limit set in
Article 4(2) of this Regulation.

the

of

in the event

the applicant
is
Furthermore,
that
the Commission
granted market economy status,
may,
if necessary, also use findings concerning the
normal value established in an appropriate market
economy country, e.g. for the purpose of replacing
any unreliable cost or price elements in the People’s
Republic of China which are needed in establishing
the normal value,
if reliable required data are not
available in the People’s Republic of China. The
Commission envisages using the United States of
America also for this purpose.

(d) Market economy status

In the event that the applicant provides sufficient
it operates under market economy
evidence that
i.e. that it meets the criteria laid down
conditions,
in Article 2(7)(c) of
the basic Regulation, normal
value will be determined in accordance with Article
2(7)(b) of the basic Regulation. For this purpose, duly
substantiated claims must be submitted within the
specific time limit set in Article 4(3) of this Regu-
lation. The Commission will send claim forms to the
applicant as well as to the authorities of the People’s
Republic of China.

F. REPEAL OF THE DUTY IN FORCE AND
REGISTRATION OF IMPORTS

(9)

Pursuant to Article 11(4) of the basic Regulation, the
anti-dumping duty in force shall be repealed with

(10)

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 Article 4(1) 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,

— interested parties to the investigation can comment
on the appropriateness of
the United States of
America which, in the event that the applicant will
not be granted market economy status, is envisaged
as a market-economy country for the purpose of
establishing normal value in respect of the People’s
Republic of China,

— the applicant can submit a duly substantiated claim

for market economy status.

H. NON-COOPERATION

(11)

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.

(12) 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 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 Regu-
lation, the result may be less favourable to that party
than if it had cooperated,

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Official Journal of the European Union

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HAS ADOPTED THIS REGULATION:

Article 1

A review of Regulation (EC) No 428/2005 is hereby initiated
pursuant to Article 11(4) of Regulation (EC) No 384/96 in
order to determine if and to what extent
the imports of
synthetic staple fibres of polyesters, not carded, combed or
otherwise processed for
spinning falling within CN code
5503 20 00 originating in the People’s Republic of China,
produced by Huvis Sichuan (TARIC additional code A736)
and sold for export to the Community should be subject to
the anti-dumping duty imposed by Council Regulation (EC)
No 428/2005.

Article 2

The anti-dumping duty imposed by Regulation (EC) No
428/2005 is hereby repealed with regard to the imports iden-
tified in Article 1.

Article 3

the Member States are hereby
The customs authorities of
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. Registration shall expire nine months
following the date of entry into force of the present Regulation.

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(a)
of this Regulation or any other information, unless otherwise
specified, within 40 days of the entry into force of this Regu-
lation.

Parties to the investigation may wish to comment on the
2.
appropriateness of
the United States of America, which is
envisaged as a market-economy third country for the purpose
of establishing normal value in respect of the People’s Republic
of China, must submit their comments within 10 days of the
date of entry into force of this Regulation.

3.
Duly substantiated claims for marked economy status
must reach the Commission within 21 days of the date of
the entry into force of this Regulation.

All submissions and requests made by interested parties
4.
in electronic format, unless
must be made in writing (not
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 Regulation, questionnaire replies and corre-
spondence provided by interested parties on a confidential
basis shall be labelled as ‘Limited’ (1) and,
in accordance with
Article 19(2) of Regulation (EC) No 384/96, 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.

Article 5

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

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, 24 February 2006.

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
Regulation (EC) No 384/96 and Article 6 of the WTO Agreement
on Implementation of Article VI of the GATT 1994 (Anti-dumping
Agreement).