Council Regulation (EC) No 1087/2007 of 18 September 2007 amending Regulation (EC) No 1487/2005 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain finished polyester filament fabrics originating in the People’s Republic of China
Date: 2007-09-18
Institutions: Council of the European Union
Subjects: China, anti-dumping duty, anti-dumping legislation, import, man-made fibre, originating product, textile industry

21.9.2007

EN

Official Journal of the European Union

L 246/1

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

I

REGULATIONS

COUNCIL REGULATION (EC) No 1087/2007

of 18 September 2007

amending Regulation (EC) No 1487/2005 imposing a definitive anti-dumping duty and definitively
collecting the provisional duty imposed on imports of certain finished polyester filament fabrics
originating in the People’s Republic of China

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/96 of 22
December 1995 on protection against dumped imports from
countries not members of the European Community (1)
(the
basic Regulation), and in particular Articles 9 and 12 thereof,

following the imposition of

The applicant submitted sufficient information showing
that
the original anti-
dumping duties on FPFAF originating in China export
prices have decreased and that there has been insufficient
movement in resale prices or subsequent selling prices in
the Community. This allegedly resulted in an increase of
dumping which has
impeded the intended remedial
the measures in force. The applicant also
effects of
product
provided
evidence
in
concerned from China have continued to enter
significant quantities the Community market.

imports

that

the

of

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

3. The anti-absorption reinvestigation

Whereas:

A. PROCEDURE

1. Original measures

(1)

(2)

In September 2005, following an anti-dumping investi-
gation (the original investigation) the Council, by Regu-
lation (EC) No 1487/2005 (2),
imposed definitive anti-
dumping duties (the original measures) on imports of
certain finished polyester filament fabrics (FPFAF) origi-
nating in the People’s Republic of China (China). The
duty rates applicable to Chinese FPFAF varied from
14,1 % to 56,2 %.

2. Request for an anti-absorption reinvestigation

On 13 November 2006, a request for a reinvestigation of
the original measures was lodged pursuant to Article 12
of the basic Regulation. The request was submitted by
AIUFFASS (the applicant), on behalf of producers repre-
senting a major proportion, in this case more than 30 %
of the total Community production of FPFAF.

(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, 16.9.2005, p. 1.

(4)

(5)

(6)

On 28 December 2006, the Commission announced by
a notice published in the Official Journal of the European
Union (NOI) (3)
reinvestigation,
pursuant to Article 12 of the basic Regulation, of the
anti-dumping measures applicable to imports of FPFAF
originating in China.

initiation of

the

a

The Commission officially advised the producers/ex-
porters known to be concerned, the representatives of
the
the exporting country,
initiation of the reinvestigation. Interested parties were
given the opportunity to make their views known in
writing and to request a hearing within the time limit
set out in the notice of initiation. The Commission sent
questionnaires to all parties known to be concerned.

importers and users of

In view of the high number of exporting producers and
investigation,
importers concerned during the original
sampling was envisaged in the NOI in accordance with
Article 17 of the basic Regulation. In order to enable the
Commission to decide whether
sampling would be
if so, to select a sample, all exporting
necessary and,
producers and importers were asked to make themselves
known to the Commission and to provide basic infor-
mation.

(3) OJ C 320, 28.12.2006, p. 8.

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Official Journal of the European Union

21.9.2007

(7)

The Commission sought and verified all the information
deemed necessary to determine whether export prices
have decreased and if
there has been insufficient
movement in resale prices or subsequent selling prices
in the Community. Verification visits were carried out at
the premises of the cooperating exporters/producers in
China and their related companies where necessary:

— Nantong Teijin Co Ltd and its related importer NI-

Teijin Shoji Europe GmbH,

(11)

— Fuzhou Fuhua Textile & Printing Dyeing Co Ltd,

— Fuzhou Ta-Tung Textile Works Co Ltd,

— Hangzhou Delicacy Textile Co Ltd,

— Shaoxing County Jiade Weaving and Dyeing Co Ltd,

— Wujiang Xiangsheng Textile dyeing & Finishing Co

Ltd and its related company,

— Wujiang Longsheng Textile Co Ltd.

(8)

(9)

The investigation period of this reinvestigation (new IP)
ran from 1 October 2005 to 30 September 2006. The
new IP was used to determine the current level of export
prices and the level of the prices delivered to the first
independent customer in the Community. In establishing
whether the prices in the Community had moved suffi-
ciently, the price levels charged during the new IP were
compared to those charged during the original
investi-
gation period (original IP) which had covered the period
from 1 April 2003 to 30 March 2004.

It should be noted that the Commission had to allow
sufficient time to the Parties to make themselves known
and to select a sample of exporting producers in China in
accordance with Article 17 of the basic Regulation. In
view of various exceptional circumstances,
the coop-
erating parties also requested extensions to submit their
replies. These
extensions were granted when duly
justified. For these reasons, the reinvestigation slightly
exceeded the normal period of six months provided for
in Article 12(4) of the basic Regulation.

B. PRODUCT UNDER CONSIDERATION

(10)

The product for which the reinvestigation was initiated is
the same as in the original investigation, namely finished
polyester filament apparel fabrics (FPFAF), normally clas-
sified within CN codes ex 5407 51 00, 5407 52 00,
5407 54 00, ex 5407 61 10, 5407 61 30, 5407 61 90
and ex 5407 69 10 and ex 5407 69 90. 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 is used mainly in the
textile industry.

C. THE REINVESTIGATION

in prices

In general, a reinvestigation pursuant to Article 12 of the
basic Regulation aims at establishing whether or not
there was a sufficient movement
in the
Community of FPFAF originating in China further to
the imposition of original anti-dumping measures. As a
second step, where it is concluded that absorption took
place, a new dumping margin should be calculated.
Article 12 of the basic Regulation provides for an oppor-
to submit
tunity to importers/users
evidence that could justify a lack of movement
in
prices in the Community following the imposition of
measures for reasons other than absorption of the anti-
dumping duty.

and exporters

1. Sampling

(12) As mentioned in recital

(6) above the Commission
requested all exporting producers and importers
to
make themselves known and to provide basic infor-
mation on their activities during the new IP. These
parties were also requested to indicate their willingness
to be included in a sample.

(13)

(a) E x p o r t e r s / p r o d u c e r s

Twenty-six exporters/producers agreed to provide the
requested information and to be included in a sample.
Given the large number of exporters/producers,
it was
decided that sampling was necessary with regards to
establishing possible absorption by exporters/producers
in China. While preference was given to companies
included in the sample of the original
investigation, a
selection was made, which covered the largest represen-
tative volume of exports and can be reasonably inves-
In accordance with
tigated within the time available.
Article 17(2) of the basic Regulation, the Chinese autho-
rities were consulted on the sample and raised no
objections.

(14) Nine companies were initially selected to be included in
the sample. One company which was granted individual
treatment
(IT) and eight others which were granted
market economy status (MES) during the original inves-
tigation. Just before the verification visits took place in
China, two companies (the one with IT and one with
MES) decided to withdraw from the sample. These two
companies were considered as non-cooperating in the
current
reinvestigation. As a result, 24 cooperating
companies and a sample of seven exporters/producers
with MES remained. At
that stage the Commission
observed that no exporters/producers with IT cooperated
in the investigation.

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Official Journal of the European Union

L 246/3

(15)

The remaining seven companies included in the sample
had all MES and represent around 78 % of the exports to
the EU made by all
the cooperating companies and
23,9 % of the total Chinese exports of FPFAF to the
Community market. At that stage of the reinvestigation,
it was concluded that these companies constituted the
largest volume which could reasonably be investigated
within the time available. These seven companies were
therefore deemed to be representative for the purpose of
sampling in the reinvestigation.

3.2. Movement

in resale price in the Community for

the

sample companies

(22)

In order to assess any movement of prices at exporter/-
producer level
in the Community the average price of
FPFAF, on a type by type basis, established for the new
IP was compared with the average price of FPFAF estab-
lished during the original IP at the same level of trade
and for the same delivery conditions.

(b) I m p o r t e r s

(16) No unrelated importers submitted the requested infor-
mation within the time limit defined in the NOI.

(23) On that basis, the comparison showed that the average
price in the Community of FPFAF originating in China
for all the companies included in the sample did not
decrease during the new IP.

2. Non-cooperation

(24)

(17)

The 24 cooperating exporters/producers which agreed to
be included in the sample represented around 30 % of
the total export of Chinese FPFAF to the Community. As
mentioned in recital (14) above, two additional producers
withdrew cooperation. As a result, non-cooperation
finally amounted to around 70 % of
total export of
FPFAF to the Community market.

The movement of resale price for one related importer
established in the Community was assessed on a type by
type basis. Resale prices to unrelated customers in the
Community were
same delivery
compared for
conditions between both investigation periods. Based
on the information gathered,
it was demonstrated that
prices had increased by amounts exceeding the anti-
dumping duty.

the

(18) On that basis, it was considered than non-cooperation in

3.3. Claims made by interested parties

(19)

(20)

(21)

this case was high.

3. Movement of prices in the Community

3.1. General

It is recalled that no unrelated importers/users of the
product concerned offered cooperation for the reinvesti-
gation. As mentioned in recital (18) above, non-coop-
eration from exporters/producers in China is high.

Except for one exporter/producer included in the sample,
the pattern of trade for FPFAF originating in China is
characterised by the absence of related intermediaries
importing the product concerned into the Community
for
are
generally user companies which are directly importing
internal
product
the
consumption.

independent buyers of

resale. The

concerned

FPFAF

their

own

for

(25)

interested parties claimed that an adjustment
Several
should be made to their export price. They invoked
that the variation in USD/EUR exchange rate led to an
artificial decrease of their export price during the new IP.
However, given that no price decrease was found during
the new IP even before the application of this claimed
adjustment which would lead to decreasing prices in the
old IP, it was not considered necessary to examine the
claim.

3.4. Movement in resale price in the Community for the non-

cooperators

(26) Given the high level on non-cooperation, around 70 % in
this case, an absorption duty should be imposed on all
non-cooperating exporters/producers in the PRC. The
absorption duty should be established on the basis of
Article 18 of the basic Regulation, namely on the basis
of the best information available.

It was found that the sales conditions for the export sales
made by the exporters/producers in the sample during
the new IP were generally made on a CIF (cost, insurance
and freight) basis. Therefore, for the purpose of assessing
for the product
any price movement
concerned was first determined at CIF level. For the
new IP, the CIF price at the Community border was
established on the basis of
information submitted by
the cooperating Chinese exporters/producers included in
the sample.

the price level

(27)

In the present case it is considered that the data available
under the Eurostat import statistic constitutes the most
direct and the most reliable that can be used to establish
the level at which non-cooperating Chinese exporters
were exporting their FPFAF in the Community market.
If we exclude from Eurostat the data verified at the level
of cooperating companies for which no absorption was
found to exist,
the absorption margin for non-coop-
erating companies based on Eurostat is established at
18,6 %.

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Official Journal of the European Union

3.5. Conclusion on the movement of

sales price

in the

Community

Company

(28)

that

none

it was
Based on the above facts and considerations,
concluded
exporters/producers
of
included in the sample absorbed the anti-dumping duty
in force. No absorption duty should therefore be estab-
lished for all exporters/producers in China which agreed
to cooperate and to be included in the sample.

the

(29) An absorption duty set at 18,6 % should however be
applied on all non-cooperating exporters/producers in
China.

Zhejiang Shaoxing Tianyuan Textile Printing and
Dyeing Co., Ltd

Zhejiang XiangSheng Group Co., Ltd

Hangzhou ZhenYa Textile Co., Ltd

Huzhou Styly Jingcheng Textile Co., Ltd

Hangzhou Yongsheng Textile Co., Ltd

Zhejiang Shaoxing Yongli Printing and Dyeing
Co., Ltd

4. New level of the measure

Hangzhou Hongfeng Textile Group Co., Ltd

(a) F o r

t h e

c o m p a n i e s

i n c l u d e d

i n t h e

Shaoxing Yinuo Printing & Dyeing Co., Ltd

s a m p l e

(30) Given that the companies included in the sample could
demonstrate that there was no decrease in their export
the product concerned to the Community
price of
market, the level of the measures remains unchanged:

Shaoxing Ancheng Cloth industrial Co., Ltd

Hangzhou Jieenda Textile Co., Ltd

Hangzhou Mingyuan Textile Co., Ltd

Hangzhou Yililong Textile Co., Ltd

21.9.2007

Definitive
AD duty rate

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

Company

Definitive
duty

Zheijiang Singmetat Print and Dyeing Co., Ltd

56,2 %

Fuzhou Fuhua Textile & Printing Dyeing Co., Ltd

14,1 %

Fuzhou Ta-Tung Textile Works Co., Ltd

Hangzhou De Licacy Textile Co., Ltd

Nantong Teijin Co., Ltd

Shaoxing County Jiade Weaving and Dyeing Co.,
Ltd

Wujiang Longsheng Textile Co., Ltd

Wujiang Xiangsheng Textile Dyeing & Finishing
Co., Ltd

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

(c) F o r a l l o t h e r e x p o r t i n g p r o d u c e r s

(32)

For the non-cooperating parties, as mentioned above in
recital (26), it was considered appropriate to amend the
level of the anti-dumping duty in accordance with the
last sentence of the Article 12(3) of the basic Regulation.
The revised rate of anti-dumping duty applicable, before
duty, to the net free-at-Community-frontier price will be
as follows:

(b) F o r

t h e

p r o d u c e r s n o t

c o o p e r a t i n g

e x p o r t i n g
i n c l u d e d i n t h e s a m p l e

(31)

The same conclusion should apply to the 17 companies
which offered cooperation and agreed to be included in
the sample:

Company

Definitive
AD duty rate

Shaoxing Zhengda Group Co., Ltd

Far Eastern Industries (Shanghai) Ltd

Zhejiang Yonglong Enterprises Co., Ltd

Zhuji Bolan Textile Industrial Development Co.,
Ltd

14,1 %

14,1 %

14,1 %

14,1 %

Company

Hangzhou CaiHong Textile Co., Ltd

Hangzhou Fuen Textile Co., Ltd

Hangzhou Jinsheng Textile Co., Ltd

Hangzhou Shenda Textile Co., Ltd

Definitive
duty

55,7 %

55,7 %

55,7 %

28,2 %

Hangzhou Xiaoshan Phoenix Industry Co., Ltd

55,7 %

Hangzhou Zhengda Textile Co., Ltd

Shaoxing China Light & Textile Industrial City
Somet Textile Co., Ltd

55,7 %

55,7 %

Shaoxing County
Dyeing Co., Ltd

Fengyi Textile Printing &

55,7 %

Shaoxing County Huaxiang Textile Co., Ltd

45,3 %

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L 246/5

Company

Shaoxing County Pengyue Textile Co., Ltd

Shaoxing County Qing Fang Cheng Textiles Imp.
& Exp. Co., Ltd

Xingxin Holding Group Co., Ltd

Shaoxing Golden tree silk Printing Dyeing and
Sandwashing Co., Ltd

Definitive
duty

28,2 %

52,5 %

28,2 %

55,7 %

Shaoxing Nanchi Textile Printing-Dyeing Co., Ltd

55,7 %

Shaoxing Ronghao Textiles Co., Ltd

52,5 %

Shaoxing Tianlong Import and Export Co., Ltd

65 %

Shaoxing Xinghui Textile Co., Ltd

Shaoxing Yongda Textiles Co., Ltd

Wujiang Canhua Imp. & Exp. Co., Ltd

Zhejiang Golden Time Printing and Dyeing
knitwear Co., Ltd

55,7 %

55,7 %

74,8 %

55,7 %

Zhejiang Huagang Dyeing and Weaving Co., Ltd

55,7 %

Zhejiang Shaoxiao Printing and Dyeing Co., Ltd

55,7 %

All other companies

74,8 %

(33)

5. Special provision for exporters in China that may
not absorb

In view of the findings of the investigation,
the low
cooperation in China which may be linked to the fact
that exporting producers of FPFAF are Small and Medium
Enterprises, the Community may re-examine the situation
of exporters that could not cooperate in this reinvesti-
gation in case they come forward with evidence showing
that they were not absorbing the anti-dumping measures
investigation period. This
in force during the current
possibility is open to all producers/exporters of
the
product under consideration in China,

HAS ADOPTED THIS REGULATION:

Article 1

Article 1(2) of Regulation (EC) No 1487/2005 shall be replaced
by the following:

‘2.
The rate of the definitive anti-dumping duty applicable
to the net free-at-Community-frontier price, before duty, of
the products described in paragraph 1 and manufactured by
the companies below shall be as follows:

Company

Definitive anti-
dumping duty

TARIC Addi-
tional code

Fuzhou Fuhua Textile & Printing Dyeing Co., Ltd

Fuzhou Ta-Tung Textile Works Co., Ltd

Hangzhou De Licacy Textile Co., Ltd

Nantong Teijin Co. Ltd

Shaoxing County Jiade Weaving and Dyeing Co., Ltd

Wujiang Longsheng Textile Co., Ltd

Wujiang Xiangsheng Textile Dyeing & Finishing Co., Ltd

Shaoxing Zhengda Group Co., Ltd

Far Eastern Industries (Shanghai) Ltd

Zhejiang Yonglong Enterprises Co., Ltd

Zhuji Bolan Textile Industrial Development Co., Ltd

Zhejiang Shaoxing Tianyuan Textile Printing and Dyeing Co., Ltd

Zhejiang XiangSheng Group Co., Ltd

Hangzhou ZhenYa Textile Co., Ltd

Huzhou Styly Jingcheng Textile Co., Ltd

Hangzhou Yongsheng Textile Co., Ltd

Zhejiang Shaoxing Yongli Printing and Dyeing Co., Ltd

Hangzhou Hongfeng Textile Group Co., Ltd

Shaoxing Yinuo Printing & Dyeing Co., Ltd

Shaoxing Ancheng Cloth industrial Co., Ltd

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

14,1 %

A617

A617

A617

A617

A617

A617

A617

A617

A617

A617

A617

A617

A617

A617

A617

A617

A617

A617

A617

A617

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Official Journal of the European Union

21.9.2007

Company

Definitive anti-
dumping duty

TARIC Addi-
tional code

Hangzhou Jieenda Textile Co., Ltd

Hangzhou Mingyuan Textile Co., Ltd

Hangzhou Yililong Textile Co., Ltd

Zheijiang Singmetat Print and Dyeing Co. Ltd

Hangzhou CaiHong Textile Co., Ltd

Hangzhou Fuen Textile Co., Ltd

Hangzhou Jinsheng Textile Co., Ltd

Hangzhou Shenda Textile Co., Ltd

Hangzhou Xiaoshan Phoenix Industry Co., Ltd

Hangzhou Zhengda Textile Co., Ltd

Shaoxing China Light & Textile Industrial City Somet Textile Co., Ltd

Shaoxing County Fengyi Textile Printing & Dyeing Co., Ltd

Shaoxing County Huaxiang Textile Co., Ltd

Shaoxing County Pengyue Textile Co., Ltd

Shaoxing County Qing Fang Cheng Textiles Imp. & Exp. Co., Ltd

Xingxin Holding Group Co., Ltd

Shaoxing Golden tree silk Printing Dyeing and Sandwashing Co., Ltd

Shaoxing Nanchi Textile Printing-Dyeing Co., Ltd

Shaoxing Ronghao Textiles Co., Ltd

Shaoxing Tianlong Import and Export Co., Ltd

Shaoxing Xinghui Textile Co., Ltd

Shaoxing Yongda Textiles Co., Ltd

Wujiang Canhua Imp. & Exp. Co., Ltd

Zhejiang Golden Time Printing and Dyeing knitwear Co., Ltd

Zhejiang Huagang Dyeing and Weaving Co., Ltd

Zhejiang Shaoxiao Printing and Dyeing Co., Ltd

All other companies

14,1 %

14,1 %

14,1 %

56,2 %

55,7 %

55,7 %

55,7 %

28,2 %

55,7 %

55,7 %

55,7 %

55,7 %

45,3 %

28,2 %

52,5 %

28,2 %

55,7 %

55,7 %

52,5 %

65 %

55,7 %

55,7 %

74,8 %

55,7 %

55,7 %

55,7 %

74,8 %

A617

A617

A617

A836

A623

A623

A623

A837

A623

A623

A623

A623

A619

A837

A621

A837

A623

A623

A620

A622

A623

A623

A618

A623

A623

A623

A999’

This Regulation shall enter into force on the day following its publication in the Official Journal of the
European Union.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 18 September 2007.

For the Council
The President

R. PEREIRA