Notice of initiation of a partial interim review of the countervailing measures applicable to imports of polyethylene terephthalate (PET) film originating in India
Date: 2006-08-02
Institutions: European Commission
Subjects: India, countervailing charge, export subsidy, import, originating product, plastics

C 180/90

EN

Official Journal of the European Union

2.8.2006

Notice of initiation of a partial

interim review of the countervailing measures applicable to

imports of polyethylene terephthalate (PET) film originating in India

(2006/C 180/06)

The Commission has decided on its own initiative to initiate a
partial interim review pursuant to Article 19 of Council Regu-
lation (EC) No 2026/97 on protection against
subsidised
imports from countries not members of the European Com-
munity (1)
(‘the basic Regulation’). The review is limited in
scope to the examination of subsidisation as far as one
exporting producer; Jindal Poly Films Limited is concerned.

The above schemes are subsidies since they involve a financial
contribution from the Government of India or other regional
Governments and confer a benefit to Jindal Poly Films Limited
and they appear to continue the trend of countervailable subsi-
dies being granted to that company, which are causing injury.
They appear to be contingent upon export performance and
to be otherwise
therefore specific and countervailable or
specific and countervailable.

1. Product

The product under review is polyethylene terephthalate (PET)
film originating in India, normally declared within CN codes
ex 3920 62 19 and ex 3920 62 90. These CN codes are given
only for information.

In the light of the above, the Commission considers that as far
as subsidisation of Jindal Poly Films Limited is concerned, there
is sufficient prima facie evidence that the circumstances with
regard to subsidisation have changed significantly and, there-
fore, the measures should be reviewed.

2. Existing measures

4. Procedure

The measure currently in force on imports of PET film from
Jindal Poly Films Limited is a definitive countervailing duty
imposed by Council Regulation (EC) No 367/2006 (2) on
imports of polyethylene terephthalate (PET) film originating in
India.

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an ex
officio partial interim review, the Commission hereby initiates a
review in accordance with Article 19 of the basic Regulation.

3. Grounds for the review

There is sufficient prima facie evidence available to the Commis-
sion, that the circumstances with regard to subsidisation on the
basis of which measures were established have changed and
that these changes are of a lasting nature.

The information at the Commission's disposal indicates that the
existing measure on imports of the product under review from
Jindal Poly Films Limited at its present level is no longer suffi-
cient to counteract the subsidisation which is causing injury.
There is sufficient evidence that
the subsidy amount has
increased well above the currently applicable duty for Jindal
Poly Films Limited.

In particular, Jindal Poly Films Limited appears to benefit from
a number of subsidies granted by the Government of India and
other regional subsidies. The subsidies consist of schemes of
benefits to industries located in special economic zones/export
the
oriented units,
advance licences/the advance release orders scheme, the export
promotion capital goods scheme, the package scheme of incen-
tives of
the export credit
scheme and an income tax exemption.

the duty entitlement passbook scheme,

the Government of Maharashtra,

(1) OJ L 288, 21.10.97, p. 1. Regulation as last amended by Council

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

(2) OJ L 68, 8.3.2006, p. 15.

it should be determined that

If
the measures in force on
imports of PET film produced by Jindal Poly Films Limited
should be amended, the extent to which the rate of duty applic-
able to imports produced by ‘all other companies’ as set out in
Article 1(2) of Regulation (EC) No 367/2006 requires to be
amended shall also be reviewed.

(a) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to Jindal Poly Films Limited and to the Indian authorities.
This information and supporting evidence should reach the
Commission within the time limit set in point 5(a) of this
notice.

(b) Collection of information and holding of hearings

submit

All interested parties are hereby invited to make their views
than questionnaire
known,
replies and to provide supporting evidence. This informa-
tion and supporting evidence must reach the Commission
within the time limit set in paragraph 5(a) of this notice.

information other

2.8.2006

EN

Official Journal of the European Union

C 180/91

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 paragraph 5(b)
of this notice.

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

(b) Hearings

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

6. 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, and/or telex numbers of the interested party.

All written submissions, including the information requested in
this notice, questionnaire replies and correspondence provided
by interested parties on a confidential basis shall be labelled as
‘Limited (1)’ and, in accordance with Article 29(2) of the basic
Regulation,
accompanied by a non-confidential
version, which will be labelled ‘For inspection by interested
parties’.

shall be

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

7. 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 28 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
the result may be less
Article 28 of the basic Regulation,
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
29 of Council Regulation (EC) No 2026/97 (OJ L 288, 21.10.1997,
p.1) and Article 12 of the WTO Agreement on Subsidies and Coun-
tervailing Measures.

the Council

It