Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of synthetic staple fibres of polyesters (PSF) originating in Belarus, the Republic of Korea, Saudi Arabia and the People's Republic of China
Date: 2007-08-30
Institutions: European Commission
Subjects: Belarus, China, Saudi Arabia, South Korea, anti-dumping measure, exchange of information, import, man-made fibre, originating product

C 202/4

EN

Official Journal of the European Union

30.8.2007

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 synthetic staple fibres of polyesters (PSF) originating in Belarus, the Republic of Korea, Saudi
Arabia and the People's Republic of China

(2007/C 202/04)

synthetic staple fibres of polyesters

The Commission has decided on its own initiative to initiate a
partial interim review of the anti-dumping measures applicable
to imports of
(PSF)
originating in Belarus, the Republic of Korea, Saudi Arabia and
the People's Republic of China pursuant to Article 11(3) of
Council Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports
from countries not
members of
the European Community (‘the basic Regu-
lation’) (1). The review is limited to the examination of whether
or not the continued imposition of the measures is not against
the Community interest.

3. Grounds for the review

The information at the Commission's disposal
indicates that,
due to changes in the Community market since the investigation
periods used in the investigations that led to the imposition of
the existing measures, the continued imposition of the measures
may no longer be in the Community interest. In particular, the
Commission concluded in its
investigation
concerning imports of PSF originating in Malaysia and Taiwan,
that it would not be in the Community interest to impose
measures on imports from those countries (5).

anti-dumping

1. Product

The product under review is synthetic staple fibres of polyesters,
not carded, combed or otherwise processed for
spinning
originating in Belarus, the Republic of Korea, Saudi Arabia and
the People's Republic of China (‘the product concerned’),
currently classifiable within CN code 5503 20 00. This CN
code is given only for information.

2. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 2852/2000 (2) on
imports of PSF originating, inter alia, in the Republic of Korea, a
definitive anti-dumping duty imposed by Council Regulation
(EC) No 1799/2002 (3) on imports of PSF originating in Belarus
and a definitive anti-dumping duty imposed by Council Regu-
lation (EC) No 428/2005 (4) on imports of PSF originating in
the People's Republic of China and Saudi Arabia.

(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 332, 28.12.2000, p. 17. Regulation as last amended by Regulation

(EC) No 428/2005 (OJ L 71, 17.3.2005, p. 1).

(3) OJ L 274, 11.10.2002, p. 1.
(4) OJ L 71, 17.3.2005, p. 1.

In these circumstances, it is appropriate to review the need for
the continued imposition of the existing measures, with the
decision thereon possibly having retroactive effect as of 22 June
the entry into force of Commission Decision
2007,
2007/430/EC
proceeding
the
concerning imports of synthetic staple fibres of polyesters (PSF)
originating in Malaysia and Taiwan.

anti-dumping

terminating

i.e.

4. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review, the Commission hereby initiates a partial interim
review of the anti-dumping measures applicable to imports of
Korea,
PSF
Saudi Arabia and the People's Republic of China in accordance
with Article 11(3) of the basic Regulation, limited in scope to
the examination of the Community interest.

the Republic

originating

Belarus,

of

in

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the Community producers,
to the importers and to the
users. This information and supporting evidence should
reach the Commission within the time limit set in point 5(a)
of this notice.

(5) See recital 41 of Commission Decision 2007/430/EC (OJ L 160,

21.6.2007, p. 30).

30.8.2007

EN

Official Journal of the European Union

C 202/5

(b) Collection of information and holding of hearings

Commission address for correspondence:

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) 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(b) of this
notice.

Commission européenne
Direction générale du commerce
Direction H
Bureau: J-79 5/16
B-1049 Bruxelles
Fax (32-2) 295 65 05

7. Non-cooperation

5. Time limits

(a) For parties to make themselves known, to submit questionnaire

replies and any other information

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.

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 favourable to that party
than if it had cooperated.

(b) Hearings

8. Schedule of the investigation

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

6. Written submissions, questionnaire replies and corres-

pondence

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 labeled ‘FOR INSPECTION BY INTERESTED PARTIES’.

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.

9. Processing of personal data

Please note that any personal data collected in this investigation
will be treated in accordance with Regulation (EC) No 45/2001
of the European Parliament and of the Council of 18 December
2000 on the protection of individuals with regard to the proces-
sing of personal data by the Community institutions and bodies
and on the free movement of such data (2).

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

(2) OJ L 8, 12.1.2001, p. 1.