2006/361/EC: Commission Decision of  19 May 2006  terminating the anti-subsidy proceeding concerning imports of certain plastic sacks and bags originating in Malaysia and Thailand
Date: 2006-05-19
Institutions: European Commission
Subjects: Malaysia, Thailand, anti-subsidy proceeding, import, originating product, packaging product, plastics

20.5.2006

EN

Official Journal of the European Union

L 134/43

COMMISSION DECISION

of 19 May 2006

terminating the anti-subsidy proceeding concerning imports of certain plastic sacks and bags
originating in Malaysia and Thailand

(2006/361/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2026/97 (1) (‘the
basic Regulation’), and in particular Article 14 thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)

(2)

(3)

Journal of

On 30 June 2005, the Commission announced, by a
notice published in the Official
the European
Union (2),
the initiation of an anti-subsidy proceeding
with regard to imports into the Community of certain
plastic sacks and bags containing at least 20 % of poly-
ethylene and of a thickness not exceeding 100 micro-
meters originating in Malaysia and Thailand, normally
ex 3923 21 00,
declared
ex 3923 29 10 and ex 3923 29 90.

within

codes

CN

On the same day,
the Commission announced the
initiation of an anti-dumping investigation with regard
to imports of certain plastic sacks and bags containing
at least 20 % of polyethylene and of a thickness not
exceeding 100 micrometers originating in the People’s
Republic of China, Malaysia and Thailand.

the basic Regulation,

The anti-subsidy proceeding was initiated, pursuant to
Article 10 of
a
complaint lodged on 18 May 2005 by thirty European
(‘the
producers of
complainants’)
the
these sacks and bags. The
Community production of

certain plastic
representing more than 25 % of

and bags

following

sacks

complaint contained prima facie evidence of the existence
of subsidisation of the said product and of material injury
resulting there from, which was considered sufficient to
justify the initiation of a proceeding.

the exporting producers

The Commission officially advised the authorities of
Malaysia and Thailand,
in
Malaysia and Thailand, importers/traders and their asso-
ciations, and users known to be concerned, the represen-
the exporting countries concerned and the
tatives of
complainants of
the proceeding.
Interested parties were given the opportunity to make
their views known in writing and to request a hearing
within the time-limit set in the notice of initiation.

initiation of

the

B. WITHDRAWAL OF THE COMPLAINT

By a letter of 10 February 2006 to the Commission’s
services,
formally withdrew their
complaint.

complainants

the

In accordance with Article 14(1) of the basic Regulation,
the proceeding may be terminated where the complaint
is withdrawn unless such termination would not be in
the Community interest.

The Commission considered that the present proceeding
should be terminated since the investigation had not
brought to light any considerations showing that such
termination would not be in the Community interest.
Interested parties were informed accordingly and were
given the opportunity to comment. No objections were
raised.

Given the above, the Commission concludes that the
anti-subsidy proceeding concerning imports of certain
plastic sacks and bags originating in Malaysia and
Thailand into the Community should be terminated
without the imposition of countervailing measures.

(4)

(5)

(6)

(7)

(8)

(1) OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu-

lation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ C 159, 30.6.2005, p. 15.

(9)

The measures provided for
in this Decision are in
accordance with the opinion of the Advisory Committee,

L 134/44

EN

Official Journal of the European Union

20.5.2006

HAS ADOPTED THIS DECISION:

Sole Article

The anti-subsidy proceeding concerning imports of certain plastic sacks and bags containing at least 20 % of
polyethylene and of a thickness not exceeding 100 micrometers originating in Malaysia and Thailand is
hereby terminated.

Done at Brussels, 19 May 2006.

For the Commission

Peter MANDELSON
Member of the Commission