Council Regulation (EC) No 396/2008 of 29 April 2008 amending Regulation (EC) No 397/2004 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Pakistan
Date: 2008-04-29
Institutions: Council of the European Union
Subjects: Pakistan, anti-dumping duty, cotton, import, originating product, textile product

6.5.2008

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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 396/2008

of 29 April 2008

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,

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),

Having regard to Article 1(4) of Council 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),
code
6302 22 90 19),

ex 6302 22 90
ex 6302 31 00

(TARIC
(TARIC

(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 last amended by Regulation

(EC) No 925/2007 (OJ L 202, 3.8.2007, p. 1).

and

ex 6302 32 90

(TARIC code
6302 31 00 90)
6302 32 90 19), originating in Pakistan. A country-
wide anti-dumping duty of 13,1 % was imposed on all
companies exporting the product concerned to the
Community.

(2)

(3)

(4)

(5)

following an ex officio partial

interim
In May 2006,
review pursuant to Article 11(3) of the basic Regulation,
the Council, by Regulation (EC) No 695/2006 (3),
amended Regulation (EC) No 397/2004 and established
new duty rates ranging from 0 % to 8,5 % based on a
new investigation period between 1 April 2003 and
31 March 2004. Given the large number of cooperating
exporting producers, a sample was established.

The companies selected in the sample were attributed the
individual duty rates established during the review inves-
tigation, while other cooperating companies not 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
themselves
known or did not cooperate in the investigation.

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 cooperating companies not
included in the
(new exporting producer
treatment or NEPT).

sample

Regulation (EC) No 925/2007 established the findings
concerning 18 Pakistani companies having requested
NEPT. Four of
these companies were granted NEPT,
while the requests of the remaining 14 companies were
rejected.

(3) OJ L 121, 6.5.2006, p. 14.

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(6)

(7)

(8)

(9)

(10)

(11)

B. NEW EXPORTING PRODUCERS’ REQUESTS

13 additional Pakistani companies have requested to be
granted NEPT.

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.

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

— it did not export

to the Community the product
described in recital 1 in the period between 1 April
2003 and 31 March 2004,

— 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 cooperating
companies not
i.e. 5,8 %,
pursuant
to Article 1(4) of Regulation (EC) No
397/2004.

included in the sample,

C. FINDINGS

Companies which have submitted incomplete replies

Three 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.

Companies which have submitted a complete reply

For two Pakistani exporting producers, the examination
they had
the information submitted showed that
of
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 two producers can
be granted the duty rate applicable to the cooperating
in
companies not

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

(12) One Pakistani company was found to be related to a
company which had cooperated in the review investi-
gation and which exported the product concerned
during the IP. Therefore, this producer did not fulfil the
second criterion set out in Article 1(4) of Regulation (EC)
No 397/2004, and its request for NEPT was therefore
rejected. This company was informed that its application
could not be considered any further and was given the
opportunity to comment, but it did not submit any addi-
tional
information that could lead to a change in the
findings.

(13)

(14)

Three Pakistani companies were found to have exported
the product concerned during the IP. Therefore, these
three producers did not fulfil the first criterion set out
in Article 1(4) of Regulation (EC) No 397/2004 and their
requests
rejected. These
companies were informed that their application could
not be considered any further and were given the oppor-
tunity to comment, but they did not submit any addi-
tional
information that could lead to a change in the
findings.

for NEPT were

therefore

to

the

had

sold

concerned

Three Pakistani companies were unable to prove that
they
the
product
Community after the IP or having entered into an irre-
vocable contractual obligation to export a significant
quantity to the Community. Therefore, it could not be
established whether these companies 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 their requests for NEPT were therefore rejected.
These companies were informed that their application
could not be considered any further and were given
the opportunity to comment, but they did not submit
any additional information that could lead to a change in
the findings.

(15) One Pakistani company was unable to prove that it was a
producer of the product concerned and did not supply
any supporting evidence of any sales of
the product
concerned to the Community after the IP or having
entered into an irrevocable contractual obligation to
export a significant quantity to the Community. This
applicant did not therefore meet the basic criterion of
being an exporting producer and its application could
therefore not be considered any further. This company
was informed that its application could not be considered
any further and were given the opportunity to comment,
but did not submit any additional information that could
lead to a change in the findings.

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(16) All

the applicants and the Community industry were
informed of the final findings of the examination and
were given the opportunity to submit their comments.

turers in the Annex to Regulation (EC) No 397/2004 and
be subject
to the duty rate of 5,8 %. The requests
submitted by the remaining 11 Pakistani companies
should be rejected for the reasons outlined above,

D. CONCLUSION

HAS ADOPTED THIS REGULATION:

(17)

In consideration of the findings mentioned in recital 11,
two Pakistani exporting producers were found to fulfil
the criteria set out in Article 1(4) of Regulation (EC) No
397/2004 to be granted NEPT. These companies should
therefore be added to the list of cooperating manufac-

Article 1

The list of cooperating manufacturers in the Annex of Regu-
lation (EC) No 397/2004 shall be replaced by the following:

Name

Address

‘A.B. Exports (PVT) Ltd

A.S.T. (PVT) Limited

Aala Processing Industries (PVT) Ltd

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

Amsons Textile Mills (PVT) Ltd

Amtex (Private) Limited

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

5 KM Satyana Road
Faisalabad 38000

P-214 Muslim Town #1,
Sargodha 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

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

1-Km, Khurrianwala-Jaranwala Road,
Faisalabad

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Name

Address

Anjum Textile Mills (PVT) Ltd

Anjum Street, Nalka Kohala, Sargodha Road,
Faisalabad

Ansa Industries

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

Plot #16, Sector C-2
Karachi Exporting Processing Zone
Landhi Industrial Area
Karachi 74000

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, Sargodha Road,
Faisalabad

P-1271, Abdullahpur, West Canal Road,
Faisalabad

10th Km, Sargodha Road,
Faisalabad

10th Km, Sargodha Road,
Faisalabad

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Name

Address

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

Enn Eff Exports

Faisal Industries

Fashion Knit Industries

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

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

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

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

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Name

Address

Liberty Mills Limited

M/s M.K. SONS Pvt Limited

MSC Textiles (PVT) Ltd

Mughanum (PVT) Ltd

Mustaqim Dyeing & Printing Industries (Pvt) Ltd

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

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

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, Sargodha 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, Sargodha Road,
Faisalabad

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Name

Address

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

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

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

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), Sargodha 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 Luxembourg, 29 April 2008.

For the Council
The President

D. RUPEL