Notice of initiation of a partial interim review of the antidumping measures applicable to imports of polyethylene terephthalate (PET) film originating in India
Date: 2006-08-25
Institutions: European Commission
Subjects: India, anti-dumping legislation, anti-dumping measure, import, originating product, plastics, thin sheet

C 202/16

EN

Official Journal of the European Union

25.8.2006

Notice of initiation of a partial interim review of the antidumping measures applicable to imports
of polyethylene terephthalate (PET) film originating in India

(2006/C 202/09)

The Commission has received a request for 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 Community (‘the basic Regu-
lation’) (1), as last amended by Council Regulation (EC) No
2117/2005 (2).

1. Request for review

5. Procedure for the determination of dumping

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, limited to dumping aspects as far as Jindal Poly
Films Limited is concerned, the Commission hereby initiates a
review in accordance with Article 11 (3) of the basic Regu-
lation.

The request was lodged by Community producers (‘the appli-
cant’) representing more than 50 % of Community production
of the product concerned.

(a) Questionnaires

The review is limited in scope to the examination of dumping
as far as one exporting producer, Jindal Poly Films Limited (‘the
company’), is concerned.

2. Product

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the applicant and to the authorities of the exporting
country concerned. This
information and supporting
evidence should reach the Commission within the time
limit set in point 6(a).

The product under review is polyethylene terephthalate (PET)
film originating in India (‘the product concerned’), currently
classifiable
and
ex 3920 62 90. These CN codes are given only for informa-
tion.

ex 3920 62 19

within

codes

CN

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1676/2001, as
last amended by Council Regulation (EC) No 366/2006 (3) on
imports of polyethylene terephthalate (PET) film originating
in India.

4. Grounds for the review

The applicant has provided sufficient prima facie evidence that
the circumstances with regard to dumping on the basis of
which measures were established for
the company have
changed and that these changes are of a lasting nature.

The applicant's allegation of increased dumping is based on a
comparison of Jindal Poly Films Limited's constructed normal
value with its export prices of the product concerned to the
the dumping margin calculated
Community. On this basis,
would be significantly higher than the dumping found in the
previous investigation that led to the existing duty rate. It is
alleged therefore, that the continued imposition of measures at
the existing level is no longer sufficient to offset dumping.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 340, 23.12.2005, p.17.
(3) OJ L 227, 23.8.2001, p.1; OJ L 68, 8.3.2006, p. 6.

(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 point 6(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 6(b).

6. 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

25.8.2006

EN

Official Journal of the European Union

C 202/17

(b) Hearings

8. Non-co-operation

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

7. 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 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 INTER-
ESTED 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

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, 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 use of
facts available is made, the result may be less favorable to that
party than if it had cooperated.

9. Schedule of the investigation

The investigation will be concluded, according to Article 11(5)
of the basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Union.

(1) This means that

the document

is for internal use only.

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
of the European Parliament and of the Council regarding public
access to European Parliament, Council and Commission documents
(OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant
to Article 19 of the basic Regulation and Article 6 of the WTO
Agreement on Implementation of Article VI of the GATT 1994
(Anti-dumping Agreement).

It