Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain plastic sacks and bags originating in the People's Republic of China
Date: 2007-03-09
Institutions: European Commission
Subjects: China, anti-dumping legislation, anti-dumping measure, dumping, import, originating product, packaging product, plastics

9.3.2007

EN

Official Journal of the European Union

C 54/5

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports
of certain plastic sacks and bags originating in the People's Republic of China

(2007/C 54/06)

interim review pursuant

The Commission has decided on its own initiative to initiate a
partial
to Article 11(3) of Council
Regulation (EC) No 384/96 on protection against dumped
imports from countries not members of the European Com-
munity (‘the basic Regulation’) (1). The review is limited in scope
to dumping aspects as far as one exporting producer, Xinhui
Alida Polythene Limited, (‘the company’) is concerned.

1. Product

sacks

review are plastic

and bags,
The products under
containing at least 20 % by weight of polyethylene and of a
thickness not exceeding 100 micrometers; originating in the
People's Republic of China (‘the product concerned’); and
currently
ex 3923 21 00,
codes
ex
3923 21 00 20, 3923 29 10 20 and 3923 29 90 20). These
CN codes are given only for information.

classifiable within CN codes
3923 29 90
ex

3923 29 10

(TARIC

and

2. Existing measures

The measures currently in force are definitive anti-dumping
duties imposed by Council Regulation (EC) No 1425/2006 (2).

3. Grounds for the review

There is sufficient prima facie evidence available to the Commis-
sion that the circumstances on the basis of which the existing
measures were established have changed and that these changes
are of a lasting nature. Information at the Commission's disposal
the
that market economy conditions prevail
indicates
company as demonstrated by the fact that it now fulfils the
the basic Regulation. Also, the
criteria of Article 2(7)(c) of

for

evidence available shows that the company's sales pattern, both
in terms of quantity and destination, has changed in a lasting
way since the period on the basis of which the existing
measures were established, as did the installed capacity.

Furthermore, a comparison of normal value based on the
company's own costs/domestic prices and its export prices
would lead to a reduction of dumping significantly below the
level of the current measure. Therefore, the continued imposi-
tion of measures at the existing levels, which were based on the
level of dumping previously established, would no longer be
necessary to offset dumping.

4. Procedure for the determination of dumping

The Commission has determined, after consulting the Advisory
Committee, that sufficient evidence exists to justify the initiation
of a partial interim review. The Commission therefore hereby
initiates a review in accordance with Article 11(3) of the basic
Regulation to determine whether the company operates under
market economy conditions as defined in Article 2(7)(c) of the
basic Regulation.
the Commission will determine the
company's individual margin of dumping based on their own
the
costs/domestic prices, or alternatively, will determine
company's individual margin of dumping in accordance with
Article 9(5) of the basic Regulation. Should dumping be found,
the Commission will determine the level of the duty to which
its imports of
the product concerned into the Community
should be subject.

If so,

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regu-

lation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 270, 29.9.2006, p. 4.

The investigation will assess the need for the continuation,
removal or amendment of the existing measures in respect of
the company mentioned above.

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EN

Official Journal of the European Union

9.3.2007

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the exporting
the company and to the authorities of
country
information and supporting
evidence should reach the Commission within the time limit
set in point 5(a)(i) of this notice.

concerned. This

(b) 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 5(a)(i) of this notice.

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 5(a)(ii) of
this notice.

(c) Market economy status

In the event that the company provides sufficient evidence
showing that it operates under market economy conditions,
i.e. that it meets the criteria laid down in Article 2(7)(c) of
the basic Regulation, normal value will be determined in
accordance with Article 2(7)(b) of the basic Regulation. For
this purpose, a duly substantiated claim must be submitted
within the specific time limit set in point 5(b) of this notice.
The Commission will send a claim form to the company as
well as to the authorities of the People's Republic of China.

(d) Selection of the market economy country

that

In the event
the company is not granted market
economy treatment, and in accordance with Article 9(5) of
the basic Regulation, an appropriate market economy
country will be used for the purpose of establishing normal
value in respect of the People's Republic of China in accord-
ance with Article 2(7)(a) of
the basic Regulation. The
Commission considers using Malaysia again for this purpose
as was done in the investigation which led to the imposition
the product
of
concerned from the People's Republic of China. Interested
parties are hereby invited to comment on the appropriate-
ness of this choice within the specific time limit set in point
5(c) of this notice.

the current measures on imports of

in the event

Furthermore,
the company is granted
that
market economy treatment, the Commission may, if neces-
sary, also use findings concerning the normal value estab-
lished in an appropriate market economy country, e.g. for
the purpose of
replacing any unreliable cost or price
elements in the People's Republic of China which are needed
in establishing the normal value, if reliable required data are
not available in the People's Republic of China. The
Commission considers using Malaysia also for this purpose.

5 Time limits

(a) General time limits

(i) For par ties

to make

to
submit questionnaire replies and any other
infor mation

themselves known,

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.

(ii) Hear ings

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

(b) Specific time limit for submission of claims for market economy

status

company's duly

substantiated claim for market
The
economy treatment, as mentioned in point 4(c) of
this
notice, must reach the Commission within 21 days of the
date of publication of this notice in the Official Journal of the
European Union.

(c) Specific time limit for the selection of the market economy country

this notice,

Parties to the investigation may wish to comment on the
appropriateness of Malaysia which, as mentioned in point 4
(d) of
is considered as a market economy
country for the purpose of establishing normal value in
respect of the People's Republic of China. These comments
must reach the Commission within 10 days of the date of
publication of this notice in the Official Journal of the Euro-
pean Union.

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 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’.

(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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Official Journal of the European Union

C 54/7

Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate H
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05

7. Non-cooperation

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
Article 18 of the basic Regulation, the result may be less favour-
able to that party than if it had cooperated.

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 find-
ings, affirmative or negative, may be made in accordance with
Article 18 of the basic Regulation, on the basis of the facts
available.

8. Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of
the basic Regulation, within 15 months of the date of the publi-
cation of this notice in the Official Journal of the European Union.