Council Regulation (EC) No 1424/2006 of 25 September 2006 amending Regulation (EC) No 1676/2001 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of polyethylene terephthalate film originating in India and the Republic of Korea
Date: 2006-09-25
Institutions: Council of the European Union
Subjects: India, South Korea, anti-dumping duty, originating product, plastics, thin sheet

29.9.2006

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1424/2006

of 25 September 2006

amending Regulation (EC) No 1676/2001 imposing a definitive anti-dumping duty and collecting
definitively the provisional duty imposed on imports of polyethylene terephthalate film originating
in India and the Republic of Korea

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/1996 of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (1)
(the
basic Regulation),

Having regard to Council Regulation (EC) No 1676/2001 of 13
August 2001 imposing a definitive anti-dumping duty and
imposed on
collecting definitively
imports of polyethylene terephthalate film originating in India
and the Republic of Korea (2), and in particular Article 1(3)
thereof,

the provisional duty

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

Whereas:

A. PREVIOUS PROCEDURE

(1)

The Council, by Regulation (EC) No 1676/2001,
imposed a definitive anti-dumping duty on imports

(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 227, 23.8.2001, p. 1. Regulation as last amended by Regu-
lation (EC) No 1288/2006 (OJ L 236, 31.8.2006, p. 1). Regarding
the Republic of Korea this Regulation has expired on 24 August
2006 (OJ C 199, 24.8.2006, p. 8).

into the Community of polyethylene terephthalate film
(PET film) originating, inter alia, in India. Given the large
number of exporting producers of PET film in India,
during the investigation which led to the adoption of
that Regulation (the original
investigation) a sample of
exporting producers was selected in accordance with
Article 17 of the basic Regulation. Individual dumping
margins ranging from 0 % to 65,3 % were calculated for
individually investigated and a dumping
companies
margin of 57,7 % was also calculated,
in accordance
with Article 9(6) of the basic Regulation, for cooperating
companies not part of the sample. Anti-dumping duties
were subsequently imposed ranging from 0 % to 62,6 %,
taking also into account
countervailing duties
resulting from export subsidies imposed on the same
products originating from India, which were
then
applicable by virtue of Council Regulation (EC) No
2597/1999 (3).

the

The Council, by Regulation (EC) No 366/2006 (4) (the
amending Regulation), amended the level of dumping
margins calculated by Regulation (EC) No 1676/2001.
The new dumping margins range between 3,2 % and
29,3 % and the new anti-dumping duty range between
0 % and 18 %, again in order to take account of the
countervailing duties
subsidies
imposed on the same products originating from India,
as modified according to Council Regulation (EC) No
367/2006 (5), which has been adopted following an
expiry review of Regulation (EC) No 2597/1999.

resulting from export

Furthermore, Regulation (EC) No 367/2006 sets the
countervailing duty applicable to companies other than
those individually listed in its Article 1(2) at 19,1 %, the
export
companies being
calculated at the level of 12 %.

subsidy margin for

those

(2)

(3)

(3) OJ L 316, 10.12.1999, p. 1.
(4) OJ L 68, 8.3.2006, p. 6.
(5) OJ L 68, 8.3.2006, p. 15. Regulation as amended by Regulation (EC)

No 1288/2006.

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(4)

(5)

(6)

(7)

subject

Article 1(3) of Regulation (EC) No 1676/2001, as
amended by Regulation (EC) No 366/2006, establishes
three criteria, as detailed in recital (7) below, which, when
met, give the possibility to Indian exporting producers
to anti-dumping measures
which were not
investigation to be granted new
following the original
exporting producer
treatment. Applicants which are
granted this treatment are attributed the same duty rate
as the companies which had cooperated in the original
investigation but were not included in the sample. They
are therefore subject to a duty which corresponds to the
weighted average margin of dumping established for the
companies included in the sample during the original
investigation, being understood that any zero and de
minimis margin are disregarded, pursuant to Article 9(6)
of the basic Regulation.

the dumping margins of

investigation, the above mentioned
During the original
weighted average dumping margin was calculated as the
weighted average of
three
sampled companies, since one of
the four originally
sampled companies had a zero margin. The weighted
average margin of dumping so calculated in the
original
(1),
57,7 %. The amending Regulation reduces significantly
the margin of dumping of the three above mentioned
companies. The new weighted average margin of
dumping,
fulfilling the
requirements of Article 1(3) of Regulation (EC) No
1676/2001, recalculated following the findings of the
amending Regulation is therefore 15,5 %.

investigation was, as mentioned in recital

to be applied to companies

B. NEW EXPORTING PRODUCER REQUESTS

Indian exporting producer

Limited (the
The
applicant) has applied to be granted the same treatment
as the companies cooperating in the original
investi-
gation not
included in the sample (new exporting
producer treatment).

SRF

An examination has been carried out
to
determine whether the applicant fulfils the criteria for
being granted new exporting producer treatment as set
out in Article 1(3) of Regulation (EC) No 1676/2001,
namely it was examined:

in order

— that it is not related to any exporter or producer in
India subject to the measures imposed by the Regu-
lation,

and

(8)

(9)

(10)

(11)

— that it has exported the goods concerned after the
investigation period, or it has entered into an irre-
vocable contractual obligation to export a significant
quantity to the Community.

A questionnaire was sent to the applicant which was also
asked to provide evidence to demonstrate that it meets
the three criteria mentioned above.

The applicant replied to the questionnaire and provided
evidence that is considered sufficient to consider it as a
new exporting producer.

The anti-dumping duty rate applicable to the applicant
should be based on the weighted average margin of
selected in the
dumping established for
as modified
in the original
sample
following the amending Regulation,
i.e. 15,5 %, as
indicated in recital (5) above.

the parties
investigation,

Since, pursuant to Article 14(1) of the basic Regulation,
no product shall be subject to both anti-dumping and
countervailing duties for the purpose of dealing with one
and the same situation arising from dumping or from the
provision of export subsidies, this duty rate is to be
reduced by the applicant’s export subsidy margin as
ascertained in the anti-subsidy investigation which led
to the adoption of Regulation (EC) No 367/2006 (see
recital (59) of Regulation (EC) No 366/2006). Since the
applicant does not have an individual countervailing
duty, the duty rate established for all other companies
should apply.

— that it did not export to the Community the goods
described in Article 1(1) of that Regulation during the
original
investigation period (1 April 1999 to 31
March 2000),

(12)

The anti-dumping duty rate applicable to the applicant
should therefore be calculated as indicated in the table
below.

Company

Export subsidy
margin

Total subsidy
margin

Dumping
margin

CVD duty

AD duty

Total duty rate

SRF Limited

12,0 %

19,1 %

15,5 %

19,1 %

3,5 %

22,6 %

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(13)

The applicant and the Community industry have been
informed of the findings of the examination and have
had the opportunity to submit their comments.

Country

Company

(14)

The applicant submitted comments on the calculation of
the margin of dumping. These comments have been
taken into account and are reflected in the above.

(15) All other arguments and submissions made by the parties
were analysed and duly taken into account where
warranted.

HAS ADOPTED THIS REGULATION:

Article 1

Article 1(2) of Regulation (EC) No 1676/2001 shall be replaced
by the following:

The rate of the definitive anti-dumping duty applicable
free-at-Community-frontier price, before duty,

‘2.
to the net,
shall be as follows for products originating in:

Country

Company

India

Ester Industries Limited
75-76, Amrit Nagar
Behind South Extension Part-1
New Delhi 110 003
India

Definitive
duty (%)

TARIC
Additional
Code

17,3

A026

Definitive
duty (%)

TARIC
Additional
Code

0

A027

6,8

A028

0

A030

18,0

A031

0

A032

3,5

A753

India

India

India

India

India

India

Flex Industries Limited
A-1, Sector 60
Noida 201 301, (U.P.)
India

Garware Polyester Limited
Garware House
50-A, Swami Nityanand Marg
Vile Parle (East)
Mumbai 400 057
India

Jindal Poly Films Limited
56 Hanuman Road
New Delhi 110 001
India

MTZ Polyfilms Limited
New India Centre, 5th floor
17 Co-operage Road
Mumbai 400 039
India

Polyplex Corporation Limited
B-37, Sector-1
Noida 201 301
Dist. Gautam Budh Nagar
Uttar Pradesh
India

SRF Limited
Express Building 9-10
Bahadur Shah Zaraf Marg
New Delhi 110 002
India

India

All other companies

17,3

A999’

Article 2

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, 25 September 2006.

For the Council
The President

M. PEKKARINEN