Council Regulation (EC) No 925/2007 of 23 July 2007 amending Regulation (EC) No 397/2004 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Pakistan
Date: 2007-07-23
Institutions: Council of the European Union
Subjects: Pakistan, anti-dumping duty, cotton, import, originating product, textile product

3.8.2007

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 925/2007

of 23 July 2007

amending Regulation (EC) No 397/2004 imposing a definitive anti-dumping duty on imports of
cotton-type bed linen originating in Pakistan

THE COUNCIL OF THE EUROPEAN UNION,

companies exporting the product concerned to the
Community.

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 Article 1(4) of Regulation (EC) No 397/2004
of 2 March 2004 imposing a definitive anti-dumping duty on
imports of cotton-type bed linen originating in Pakistan (2),

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

Whereas:

A. PREVIOUS PROCEDURE

(1)

By Regulation (EC) No 397/2004 the Council imposed a
definitive
into the
anti-dumping duty on imports
Community of cotton-type bed linen falling within CN
ex 6302 21 00 (TARIC codes 6302 21 00 81,
codes
code
6302 21 00 89),
6302 22 90 19),
code
6302 31 00 90)
(TARIC code
6302 32 90 19), originating in Pakistan. A countrywide
imposed on all
anti-dumping duty of 13,1 % was

ex 6302 22 90
ex 6302 31 00

(TARIC
(TARIC

ex 6302 32 90

and

(2)

(3)

(4)

following an ex officio partial

In May 2006,
interim
review pursuant to Article 11(3) of the basic Regulation,
the Council, by Regulation (EC) No 695/2006, amended
Regulation (EC) No 397/2004 and established new duty
rates ranging from 0 % to 8,5 %. Given the large number
of cooperating exporting producers a sample was estab-
lished.

The companies selected in the sample were attributed the
individual duty rates established during the review inves-
companies not
tigation, while other
included in the sample were attributed the weighted
average duty rate of 5,8 %. A duty rate of 8,5 % was
imposed on companies which either did not make them-
selves known or did not co-operate in the investigation.

co-operating

Article 1(4) of Regulation (EC) No 397/2004 gives the
possibility to Pakistani exporting producers which meet
the three criteria set out in the same Article to be granted
the same treatment as the co-operating companies not
included in the
(new exporting producer
treatment or NEPT).

sample

B. NEW EXPORTING PRODUCERS' REQUESTS

(5)

Eighteen Pakistani companies requested to be granted
NEPT.

(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 66, 4.3.2004, p. 1. Regulation as amended by Regulation (EC)

No 695/2006 (OJ L 121, 6.5.2006, p. 14).

(6)

An examination was carried out to determine whether
each applicant fulfils the criteria for being granted NEPT
as
in Article 1(4) of Regulation (EC) No
397/2004, by verifying that:

set out

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— it did not export to the Community the products
described in recital (1) above in the period between
1 April 2003 to 31 March 2004,

(11)

— it is not related to any of the exporters or producers
subject to the measures imposed by that Regulation,
and

— it has actually exported to the Community the
product concerned after the investigation period on
which the measures are based, or it has entered into
an irrevocable contractual obligation to export a
significant quantity to the Community.

A questionnaire was sent to all applicants who were
asked to supply evidence to demonstrate that they met
the three criteria mentioned above.

Exporting producers fulfilling these three criteria may be
granted the duty rate applicable to the co-operating
companies not
i.e. 5,8 %,
pursuant
to Article 1(4) of Regulation (EC) No
397/2004.

included in the sample,

C. FINDINGS

Companies having submitted incomplete replies

Eight Pakistani companies requesting NEPT did not reply
to the initial questionnaire. It was therefore not possible
to verify whether these companies fulfilled the criteria set
out in Article 1(4) of Regulation (EC) No 397/2004, and
their request had to be rejected. These companies were
informed that their application would not be considered
any further, and were given the opportunity to comment.
No comments were received.

the

replies of

Three Pakistani companies having not fully replied to the
questionnaire did not reply to the requests for further
it was not possible
clarification. Consequently
to
analyse
these companies and verify
whether they fulfilled the criteria set out in Article 1(4)
of Regulation (EC) No 397/2004. Their requests were
therefore rejected. These companies were informed that
their application would not be considered any further,
and were given the opportunity to comment. No
comments were received.

(7)

(8)

(9)

(10)

Companies having submitted a complete reply

For four Pakistani exporting producers, the examination
they had
of
the information submitted showed that
provided sufficient evidence to prove that
they meet
the three criteria set out in Article 1(4) of Regulation
(EC) No 397/2004. Therefore these four producers can
be granted the duty rate applicable to the cooperating
companies not
in
accordance with Article 1(4) of Regulation (EC) No
397/2004 and be added to the list of exporting
producers in the Annex to that Regulation.

included in the sample (i.e. 5,8 %)

the CN codes listed in recital

(12) One Pakistani company was unable to prove that it had
either exported the product concerned to the EC after the
irrevocable contractual
IP, or that
it had evidence of
to export a significant quantity to the
obligations
Community. This
company had exported products
claimed to be the product concerned since the IP, but
had not declared their exports as being the product
(1)
concerned under
above. This company was requested to submit additional
evidence supporting their claim that this shipment was
indeed the product concerned. No additional supporting
company was
evidence has been submitted. This
informed that
they failed to submit any further
evidence their application would not be considered any
further, and was given the opportunity to comment. No
comments were received. Therefore,
it could not be
established with certainty whether this company had
exported the product concerned after the IP as set out
in the third criterion in Article 1(4) of Regulation (EC)
No 397/2004, and its request for NEPT had therefore to
be rejected.

if

to the

(13) One Pakistani company was unable to submit sufficient
evidence to support its claim of not having exported the
product concerned during the original IP. The company
its sales activity
did not submit detailed evidence of
during and prior
IP although repetitively
requested to do so for the purpose of this investigation.
It was therefore impossible to establish whether indeed
this company was a new exporting producer fulfilling the
first criterion set out in Article 1(4) of Regulation (EC)
No 397/2004, and its request for NEPT had therefore to
be rejected. This company was informed that their appli-
cation would not be considered any further, and were
given the opportunity to comment. No comments were
received.

(14) One Pakistani company was unable to prove that it was a
producer of the product concerned. This applicant did
the basic criterion of being an
therefore not meet
exporting
could
producer
therefore not be considered any further. This company
was informed of the rejection and did not comment.

application

their

and

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(15) All

the applicants and the Community industry were
informed of the final findings of the examination and
have had the opportunity to submit their comments.
Following disclosure, a number of applicants claimed
that they had not replied to the letters and requests of
information sent by the Commission because they had
not received the correspondence in question or had had
internal organisational problems in dealing with such
correspondence. The correspondence was checked again
and it was concluded that these claims were unfounded.
Moreover, a company's non-cooperation cannot be
justified by problems of
internal organisation. One
company requested that their claims were reconsidered.
That company did not submit any reasoning or any
information that could lead to a change in
additional
the findings. None of the companies concerned proved

(16)

that they fulfilled the relevant criteria. The claims were
therefore rejected.

D. CONCLUSION

fulfil

four Pakistani exporting producers

In consideration of the findings mentioned in recital (11)
above,
the
criteria set out in Article 1(4) of Regulation (EC) No
companies
397/2004 to be granted NEPT. These
should therefore be added to the list of cooperating
in the Annex to Regulation (EC) No
manufactures
397/2004 and be subject
to the duty rate of 5,8 %.
The requests submitted by the remaining 14 exporting
producers should be rejected for the reasons outlined
above,

HAS ADOPTED THIS REGULATION:

Article 1

The list of cooperating manufactures in the Annex of Regulation (EC) No 397/2004 shall be replaced by the
following:

Name

Address

‘A.B. Exports (PVT) Ltd

A.S.T. (PVT) Limited

Abdur Rahman Corporation (Pvt) Ltd

Adil Waheed Garments

Afroze Textile Industries (Pvt) Ltd

Al Musawar Textile (PVT) Ltd

M/S Al-Ghani International

Al-Karam Textile Mills (PVT) Ltd

Al-Latif

Al-Noor Processing & Textile Mills

Al-Raheem Textile

Ameer Enterprises

Off. No 6, Ground Floor,
Business Center, New Civil Lines,
Faisalabad

Saba Square 2-C, Saba Commercial Street No 3,
Phase V Extension, D.H. Authority,
Karachi

P-214 Muslim Town #1,
Sarghoda Road,
Faisalabad

66-Zubair Colony, Jaranwala Road,
Faisalabad

LA 7/1-7, Block 22 F.B. Area,
Karachi

Atlas Street, Maqbool Road,
Faisalabad

202 Bhaiwala, Ghona Road,
Faisalabad

3rd floor, K.D.L.B. Building,
58-West Wharf Road,
Karachi

W,S, 24, Block-2, Azizabad, F.B. Area,
Karachi-75950

Sargodha Road,
Near Bava Chak,
Faisalabad

F/40, Block-6, P.E.C.H.S.,
Karachi

3rd floor, Bismillah Centre, Street No 2,
Karkhana Bazar, Yanr Market,
Faisalabad

Amsons Textile Mills (PVT) Ltd

D-14/B, S.I.T.E.,
Karachi

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Name

Address

Amtex (Private) Limited

Anjum Textile Mills (PVT) Ltd

Apex Corporation

M/S Arif Textiles Private Limited

Arshad Corporation

Arzoo Textile Mills Ltd

Asia Textile Mills

Aziz Sons

B.I.L. Exporters

Baak Industries

Be Be Jan Pakistan Limited

Bela Textiles Ltd

Bismillah Fabrics (PVT) Ltd

Bismillah Textiles (PVT) Ltd

Classic Enterprises

M/S Club Textile

Cotton Arts (PVT) Ltd

D.L. Nash (Private) Ltd

Dawood Exports PVT Ltd

Decent Textiles

En Em Fabrics (Pvt) Ltd

En Em Industries Ltd

Enn Eff Exports

Faisal Industries

Fashion Knit Industries

1-Km, Khurrianwala-Jaranwala Road,
Faisalabad

Anjum Street, Nalka Kohala, Sarghoda Road,
Faisalabad

1-19, Arkay Square,
PO Box 13373,
Karachi

Karim Bibi Street, Bawa Chak,
Sargodha Road
Faisalabad

1088/2, Jail Road
Faisalabad 38000

2.6 km, Jaranwala Road, Khurrinwala,
Faisalabad

D-156, S.I.T.E. Avenue,
Karachi

D21/Karach, S.I.T.E.,
Karachi-75700

15/5, Sector 12/C, North Karachi Industrial Area,
Karachi

P-107, Akbarabad, Near Allied Hospital,
Faisalabad

Square No 7, Chak No 204/R.B.,
Faisalabad

A-29/A, S.I.T.E.,
Karachi

3 Km, Jhumbra Road, Khurrianwala,
Faisalabad

1. KM, Jaranwala Road, Khurrianwala,
Faisalabad

B-1/1, Sector 15, Korangi Industrial Area,
Karachi

Sargodha Road, Ali Block
Faisalabad

613/1, Dagrawaan Road,
Faisalabad

11, Timber Pond, Keamari Road,
Karachi-75620

PO Box 532, Sarghoda Road,
Faisalabad

P-1271, Abdullahpur, West Canal Road,
Faisalabad

10th Km, Sarghoda Road,
Faisalabad

10th Km, Sargodha Road,
Faisalabad

4th floor, Business Centre, New Civil Lines,
Faisalabad

Office 205, Madina City Mall,
Abdullah Haroon Road, Saddar,
Karachi

5-Business Centre, Ground Floor,
Mumtaz Hassan Road,
Karachi

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Name

Address

Fateh Textile Mills Limited

Gerpak Textile (PVT) Ltd

Gohar Textile mills

H.A. Industries (PVT) Ltd

Haroon Fabrics (Private) Limited

Hay's (PVT) Limited

M/S Home Furnishings Limited

Homecare Textiles

Husein Industries Ltd

Ideal International

J.K. Sons Private Limited

Jaquard Weavers

Kam International

Kamal Spinning Mills

Kausar Processing Industries (PVT) Ltd

Kausar Textile Industries (PVT) Ltd

Khizra Textiles International

Kohinoor Textile Mills Limited

Latif International (PVT) Ltd

Liberty Mills Limited

M/s M.K. SONS Pvt Limited

MSC Textiles (PVT) Ltd

Mughanum (PVT) Ltd

Mustaqim Dyeing & Printing Industries (Pvt) Ltd

PO Box No 69, Hali Road, S.I.T.E.,
Hyderabad

317 Clifton Centre, Schon Circle,
Kehkashan Clifton,
Karachi

208 Chak Road, Zia Town,
Faisalabad

10 KM, Jaranwala Road,
Faisalabad

P-121, Rafique Colony, Jail Road,
Faisalabad

A-33, (C), Textile Avenue, S.I.T.E.,
Karachi-75700

Plot No 1, 2, 10, 11, Sector IX-B.,
Karachi Export Processing Zone,
Karachi

D-115, S.I.T.E.,
Karachi

HT-8 Landhi Industrial & Trading Estate,
Landhi,
Karachi

A-63/A, SIND Industrial Trading Estate,
Karachi-75700

3-1/A, Peoples Colony
Jaranwala Road
Faisalabad

811 Mahmoodabad Colony,
Multan

F-152, S.I.T.E.,
Karachi

4th KM, Jranwala Road, Khurrianwala,
Faisalabad

P-61 Gole Chiniot Bazar,
Faisalabad

Maqbool Road,
Faisalabad

P-68, First Floor, Tawakal Cloth Market,
Gol Chiniot Bazar,
Faisalabad-38000

Peshawar Road,
Rawalpindi

Street No 1, Abdullahpur,
Faisalabad

A/51-A, S.I.T.E.,
Karachi

2 KM, Khurrianwala, Jarranwala Road,
Faisalabad

P-19, 1st floor, Montgomery Bazar,
Faisalabad

P-162, Circular Road,
Faisalabad

D-14/A, Bada Board, S.I.T.E.,
Karachi

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Name

Address

Naseem Fabrics

Nawaz Associates

Nazir Industries

Niagara Mills (PVT) Ltd

Nina Industries Limited

Nishitex Enterprises

Parsons Industries (PVT) Ltd

Popular Fabrics (PVT) Limited

Rainbow Industries

Rehman International

Sadaqat Textile Mills Pvt Ltd

Sadiq Siddique Co.

Sakina Exports International

Samira Fabrics (PVT) Ltd

Sapphire Textile Mills Limited

Shahzad Siddique (PVT) Ltd

Shalimar Cotton Export (PVT) Ltd

Sharif Textiles Industries (PVT) Ltd

Shercotex

Sitara Textile Industries Limited

South Asian Textile Inds.

Sweety Textiles Pvt Ltd

Tex-Arts

The Crescent Textile Mills Ltd

Suite #404, 4th floor, Faisalcomplex,
Bilal Road, Civil Lines,
Faisalabad

87 D/1 Main Boulevard Gulberg III,
Lahore

Suite 3, 7th floor, Textile Plaza,
M.A. Jinnah Road,
Karachi-74000

Kashmir Road, Nishatabad,
Faisalabad

A-29/A, S.I.T.E.,
Karachi

P-224, Tikka Gali No 2, Y.Y. Plaza.,
1st floor, Montgomery Bazar,
Faisalabad

E-53 S.I.T.E.,
Karachi

Plot 115, Landhi Industrial Area,
Karachi

810/A, Khanewal Road,
Multan

P-2, Al Rehman House,
Ghulam Rasool Nagar Main Road,
Sarfraz Colony,
Faisalabad

Sadaqat Street, Sarghoda Road,
Faisalabad

170-A, Latif Cloth Market, M.A. Jinnah Road,
Karachi

#313, Dada Chambers, M.A. Jinnan Road,
Karachi-74000

401-403, Chapal Plaza, Hasrat Mohani Road,
Karachi

313, 3rd floor, Cotton exchange Bldg. I.I.,
Chundrigar Road,
Karachi

4,5 KM, Khurrainwala Jaranwala Road,
Faisalabad

Yousaf Chowk, Sarghoda Road,
Faisalabad

PO Box 265, Satiana Road,
Faisalabad

39/c, Peoples Colony,
Faisalabad

6- K.M., Sargodha Road,
Faisalabad

Street No 3, Hamedabad Colony, Vehari Road,
Multan

P-237, 2nd floor, Hassan Arcade
Montgomery Bazar,
Faisalabad

P-22, 1st floor, Montgomery Bazar,
Faisalabad

Sargodha Road,
Faisalabad

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Name

Address

Towellers Limited

Union Exports (PVT) Limited

United Finishing Mills Ltd

United Textile Printing Industries (Pvt) Ltd

Wintex Exports PVT Ltd

Zafar Fabrics (PVT) Limited

Zamzam Weaving and Processing Mills

ZIS Textiles Private Limited

WSA 30-31, Block 1, Federal B,
Karachi

D-204/A, S.I.T.E.,
Karachi-75700

2nd floor, Regency Arcade, The Mall,
Faisalabad

PO Box 194, Maqbool Road,
Faisalabad

P-17/A, Main Road, Sarfaraz Colony,
Faisalabad

Chak No 119, J.B. (Samana), Sarghoda Road,
Faisalabad

Bazar 1, Razabad,
Faisalabad

3Km Sheikhupaura Road
Khurrianwala
Faisalabad’

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, 23 July 2007.

For the Council
The President

L. AMADO