Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain finished polyester filament fabrics originating in the People's Republic of China
Date: 2008-06-26
Institutions: European Commission
Subjects: China, anti-dumping legislation, anti-dumping measure, import, man-made fibre, originating product

C 163/38

EN

Official Journal of the European Union

26.6.2008

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 finished polyester filament fabrics originating in the People's Republic of China

(2008/C 163/09)

The Commission has received a request for a partial
interim
review 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 Regulation’) (1). The review is limited
to the examination of
the
the product
clarification of whether certain product types fall within the
scope of anti-dumping measures applicable to imports of
certain finished polyester filament fabrics.

scope as

regards

1. Request for review

The request was lodged by Hüpeden GmbH & Co. KG (‘the
applicant’), an importer from Germany.

2. Product

The product under review 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’), currently classifiable within CN codes
5407 51 00,
5407 61 10,
5407 61 30, 5407 61 90, 5407 69 10 and 5407 69 90.
These CN codes are given only for information.

5407 52 00,

5407 54 00,

3. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1487/2005 (2), as
last amended by Council Regulation (EC) No 1087/2007 on
imports of certain finished polyester filament fabrics origin-
ating in the People's Republic of China (3).

4. Grounds for the review

The product subject to the measures specified in Article 1 of
Regulation (EC) No 1487/2005 refers to woven fabrics of
synthetic filament yarn containing 85 % or more by weight of

(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.
(3) OJ L 246, 21.9.2007, p. 1.

textured and/or non-textured polyester filament, dyed (including
dyed white) or printed (the ‘product concerned’). The applicant
alleges that the product it imports is only used to produce a
special adhesive tape for insulation of cables within the wiring
harnesses of engines, mainly engines of cars (hereinafter ‘Tape’
grade).

The specific technical and chemical characteristics appear to be
different from those of the product concerned, in particular, the
tensile strength and the colouring are clearly different. These
two characteristics are obtained by a production process, during
which, contrary to the production of the product concerned,
carbon is added to the spinning cake. This lowers the tensile
strength by 20 % which ensures that employees in the automo-
tive industry are able to tear the tape by hand, which results in
increases in pace and safety, as no further tools are necessary.
Secondly, this process gives the ‘Tape’ grade its genuine black
and solvent resistant colour. The colour withstands contacts
with oil and petrol, and can not bleach or stain. The low tensile
strength and the impossibility to change the colour underline
that
there appears to be no interchangeability between the
product concerned and the ‘Tape’ grade.

Therefore, it is considered appropriate to review the case with
regard to the scope of the product concerned. Any regulation
which may result from this review may have a retroactive effect
as from the date of the imposition of the relevant measures, or
possibly from a later date, for instance the date after the publi-
cation of this Notice. All operators, and in particular importers
are invited to make their views known on this issue, and submit
any evidence supporting such views.

5. 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 review in
accordance with Article 11(3) of the basic Regulation, limited to
the examination of the product scope.

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(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the applicant, to the Community industry, to other known
producers in the Community,
to
known users and to known exporting producers in the
People's Republic of China. This information and supporting
evidence should reach the Commission within the time limit
set in point 6(a).

to known importers,

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
including information other
known, submit
than questionnaire replies, and to provide supporting
evidence. This information and supporting evidence must
reach the Commission within the time limit set in point 6(a).

information,

the Commission may hear

Furthermore,
interested parties,
provided that they make a request showing that there are par-
ticular reasons why they should be heard. This request must be
made within the time limit set in point 6(b).

6. 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.

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’.

Commission address for correspondence:

European Commission
Directorate General for Trade
Directorate H
Office: J-79 4/23
B-1049 Brussels
Fax (32-2) 295 65 05

8. Non-co-operation

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 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.

9. Possibility to request a review under Article 11(3) of
the basic Regulation — Schedule of the investigation

The investigation will be concluded, according to Article 11(5)
of the basic Regulation, within 15 months of the date of publi-
cation of this notice in the Official Journal of the European Union.

(b) Hearings

10. Processing of personal data

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

7. 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

It is noted 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 on the protec-
tion of individuals with regard to the processing 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.

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11. Hearing Officer

It is also noted that if
interested parties consider that they
are encountering difficulties in the exercise of their rights of
defence,
the Hearing
Officer of DG Trade. He acts as an interface between the
interested parties and the Commission services, offering, where

the intervention of

they may request

necessary, mediation on procedural matters affecting the protec-
tion of their interests in this investigation,
in particular with
regard to issues concerning access to the file, confidentiality,
extension of time limits and the treatment of written and/or
oral submission of views. For further information and contact
details, interested parties may consult the Hearing Officer's web
pages on the website of DG Trade (http://ec.europa.eu/trade).