Notice of initiation of a reinvestigation pursuant to Article 12 of Council Regulation (EC) No 384/96 of the antidumping measures applicable to imports of certain finished polyester filament fabrics originating in the People's Republic of China
Date: 2006-12-28
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, man-made fibre, originating product, textile industry

C 320/8

EN

Official Journal of the European Union

28.12.2006

Notice of initiation of a reinvestigation pursuant to Article 12 of Council Regulation (EC) No
384/96 of the antidumping measures applicable to imports of certain finished polyester filament
fabrics originating in the People's Republic of China

(2006/C 320/06)

The Commission has received a request pursuant to Article 12
of Council Regulation (EC) No 384/96 on protection against
dumped imports from countries not members of the European
Community (‘the basic Regulation’) (1) to investigate whether the
anti-dumping measures imposed on imports of certain finished
polyester filament fabrics originating in the People's Republic of
China have had an effect on export prices, resale prices or
subsequent selling prices in the Community

In fact, the evidence contained in the request shows that all of
the above-mentioned prices of
the product concerned have
decreased significantly since the imposition of the anti-dumping
measures, resulting in increased dumping which has impeded
the intended remedial effects of the measures in force.

the
The applicant has provided evidence that
product concerned from the People's Republic of China have
continued to enter in significant quantities.

imports of

1. Request for review

The request was lodged on 13 November 2006 by AIUFFASS
(‘the applicant’) on behalf of producers representing a major
in this case more than 30 %, of the total Com-
proportion,
munity production of certain finished polyester filament fabrics.

2. Product

The product concerned is woven fabrics of synthetic filament
yarn containing 85 % or more by weight of textured and/or
non-textured polyester filament, dyed (including dyed white) or
printed originating in the People's Republic of China (‘the
product concerned’), currently classifiable within CN codes
ex 5407 51 00, 5407 52 00, 5407 54 00, ex 5407 61 10,
and
5407 61 30,
ex 5407 69 90.

5407 61 90

5407 69 10

and

ex

These CN codes are given only for information.

3. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 1487/2005 (2)
on imports of certain finished polyester filament fabrics origin-
ating in the People's Republic of China.

4. Grounds for the reinvestigation

The applicant has submitted sufficient evidence showing that
following the imposition of the anti-dumping duties i on certain
finished polyester filament fabrics originating in the People's
Republic of China, export prices have decreased and there has
been insufficient movement
in resale prices or subsequent
selling prices in the Community.

(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 240,16.09.2005, p. 1

5. Procedure

Having determined, after consulting the Advisory Committee,
that the request has been lodged by or on behalf of the Com-
munity industry and that there is sufficient evidence to justify
the initiation of an investigation, the Commission hereby initi-
ates a reinvestigation in respect of certain finished polyester fila-
fabrics originating in the People's Republic of China,
ment
pursuant to Article 12 of the basic Regulation.

(a) Sampling

In view of the apparent number of parties involved in this
proceeding, the Commission may decide to apply sampling,
in accordance with Article 17 of the basic Regulation.

(i) Sampling

for
People's Republic of China

expor ters/producers

in

the

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
exporters producers, or representatives acting on their
behalf, are hereby requested to make themselves known
by contacting the Commission and providing the
following information on their company or companies
within the time limit set in point 6(b)(i) and in the
formats indicated in point 7:

— name, address, e-mail address, telephone and fax

numbers and contact person,

— the turnover in local currency and the volume in
running meters of the product concerned sold for
export
to the Community during the period 1
October 2005 — 30 September 2006,

— the turnover in local currency and the sales volume
in running meters for the product concerned on the
domestic market during the period 1 October 2005
— 30 September 2006,

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C 320/9

— the precise activities of the company with regard to
the production of the product concerned and the
production volume
the
product concerned, the production capacity and the
investments
in production capacity during the
period 1 October 2005 — 30 September 2006,

in running meters of

— the names and the precise activities of all related
involved in the production and/or
the product

companies (1)
selling (export and/or domestic) of
concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

— by providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
will imply replying to a questionnaire and accepting
an on-the-spot investigation of its response. If the
company indicates that
it does not agree to its
possible inclusion in the sample, it will be deemed
to not have co-operated in the investigation. The
consequences of non-cooperation are set out
in
point 8 below.

In order to obtain the information it deems necessary
for the selection of the sample of exporters/producers,
the Commission will, in addition, contact the authori-
ties of the exporting country, and any known associa-
tions of exporters/producers.

(ii) Sampling for impor ters

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
importers, or representatives acting on their behalf, are
hereby requested to make themselves known to the
Commission and to provide the following information
on their company or companies within the time limit
set in point 6(b)(i) and in the formats indicated in point
7:

— name, address, e-mail address, telephone and fax

numbers and contact person,

— the total turnover in EUR of the company during
the period 1 October 2005 — 30 September 2006,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in running meters and value in EUR of
imports into and resales made in the Community
market during the period 1 October 2005 — 30
September
product
concerned originating in the People's Republic of
China,

imported

2006

the

of

(1) For guidance on the meaning of related companies, please refer to
Article 143 of Commission Regulation (EEC) No 2454/93 laying down
provisions for the implementation of Council Regulation (EEC) No
2913/92 establishing the Community Customs Code (OJ L 253,
11.10.1993, p. 1).

— the names and the precise activities of all related
involved in the production and/or

companies (1)
selling of the product concerned,

— any other relevant information that would assist the

Commission in the selection of the sample,

— by providing the above information, the company
agrees to its possible inclusion in the sample. If the
company is chosen to be part of the sample, this
will imply replying to a questionnaire and accepting
an on-the-spot investigation of its response. If the
company indicates that
it does not agree to its
possible inclusion in the sample, it will be deemed
to not have co-operated in the investigation. The
consequences of non-cooperation are set out
in
point 8 below.

the selection of

In order to obtain the information it deems necessary
the
for
Commission will, in addition, contact any known asso-
ciations of importers.

the sample of

importers,

(iii) Final selection of the samples

All
interested parties wishing to submit any relevant
information regarding the selection of the sample must
do so within the time limit set in point 6(b)(ii).

The Commission wishes to inform parties that,
in
selecting the sample, preference will be given, to the
extent possible, to limiting the sample to the parties
selected in the sample in the investigation that lead to
the imposition of the existing measures.

samples

The Commission intends to make the final selection of
the
the parties
concerned that have expressed their willingness to be
included in the sample.

after having

consulted

Companies included in the samples must reply to a
questionnaire within the time limit set in point 6 (b)(iii)
and must co-operate within the framework of the inves-
tigation.

forthcoming,

sufficient co-operation is not

If
the
Commission may base its findings, in accordance with
Articles 17(4) and 18 of the basic Regulation, on the
facts available. A finding based on facts available may
be less advantageous
to the party concerned, as
explained in point 8.

(b) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the sampled exporters/producers in the People's Republic of
China,
to the
to any association of exporters/producers,
sampled importers, to any association of importers named
in the request or which co-operated in the investigation
leading to the measures subject to the present review, and to
the authorities of the exporting country concerned.

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interested parties should contact

the
In any event, all
Commission forthwith by fax in order to find out whether
they are listed in the request and,
if necessary, request a
questionnaire within the time limit set in point 6(a)(i), given
that the time limit set in point 6(a)(ii) applies to all inter-
ested parties.

(c) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence must reach the Commission within the
time limit set in point 6(a)(ii).

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(a)(iii).

(b) Specific time limit in respect of sampling

the European Union, given that
to consult parties

(i) The information specified in point 5(a)(i) and 5(a)(ii)
should reach the Commission within 15 days of the
date of publication of this notice in the Official Journal
the Commission
of
intends
concerned that have
expressed their willingness to be included in the sample
on its final selection within a period of 21 days of the
publication of this notice in the Official Journal of the
European Union.

(ii) All other information relevant for the selection of the
reach the
referred to in 5(a)(iii) must
sample as
Commission within a period of 21 days of the publica-
tion of this notice in the Official Journal of the European
Union.

(iii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date of
the notification of their inclusion in the sample.

6 Time limits

(a) General time limits

(i) For par ties to request a questionnaire

All
interested parties who did not co-operate in the
investigation leading to the imposition of the measures
subject to the present review should request a question-
naire as soon as possible, but not later than 15 days
after the publication of this notice in the Official Journal
of the European Union.

(ii) For par ties

to make themselves known,

to
submit questionnaire replies and any other
infor mation

All interested parties, if 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 Journal of 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

(iii) Hear ings

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 interested
parties on a confidential basis shall be labelled as ‘Limited’ (1)
and, in accordance with Article 19(2) of the basic Regulation,
shall be accompanied by a non-confidential version, which will
be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

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

8. Non-co-operation

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.

(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 Euro-
pean 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 Imple-
mentation of Article VI of the GATT 1994 (Anti-dumping Agreement).

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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 favourable to that party
than if it had cooperated.

that party may request a review in accordance with Article 11
(3) of the basic Regulation.

Parties wishing to request such a review, which would be carried
out independently of the absorption review mentioned in this
notice, may contact the Commission at the address given above.

9. Possibility to request a review under Article 11(3) of

10. Schedule of the reinvestigation

the basic Regulation

If any party to the proceeding considers that a review of the
level of the measures is warranted so as to allow for the possibi-
lity to amend (i.e. increase or decrease) the level of the measures,

The reinvestigation will be concluded, according to Article 12(4)
of the basic Regulation within 9 months of the date of the
publication of this notice in the Official Journal of the European
Union.