Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of certain plastic sacks and bags originating in the People's Republic of China
Date: 2008-07-11
Institutions: European Commission
Subjects: China, anti-dumping legislation, anti-dumping measure, import, originating product, packaging product, plastics

11.7.2008

EN

Official Journal of the European Union

C 176/9

V

(Announcements)

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 plastic sacks and bags originating in the People's Republic of China

(2008/C 176/05)

interim
The Commission has received a request for a partial
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 (1) (‘the basic Regulation’).

1. Request for review

The request was lodged by CeDo Shanghai Limited (‘the appli-
cant’), an exporter from the People's Republic of China.

The request is limited in scope to the examination of dumping
as far as the applicant is concerned.

2. Product

The product under review is plastic sacks and bags, containing
at least 20 % by weight of polyethylene and of sheeting of a
thickness not exceeding 100 micrometres (μm); originating in
the People's Republic of China; and currently classifiable within
CN codes ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90
(Taric
and
3923 29 90 20).

3923 21 00 20,

3923 29 10 20

codes

imports of certain plastic sacks and bags originating in the
People's Republic of China.

4. Grounds for the review

The request pursuant to Article 11(3) is based on prima facie
evidence provided by the applicant that the circumstances on
the basis of which measures were established have changed and
that these changes are of a lasting nature.

The applicant alleges,
inter alia, that its export prices of the
product concerned to the Community have increased signifi-
cantly and substantially more than the constructed normal value
based on the applicant's cost of production in the People's
Republic of China and that this has led to a reduction or elimi-
nation of dumping. Therefore,
the continued imposition of
measures at the existing levels, which were based on the level of
dumping previously established, is no longer necessary to offset
dumping.

3. Existing measures

5. Procedure for the determination of dumping

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1425/2006 (2) on

(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 270, 29.9.2006, p. 4. Regulation as last amended by Regulation

(EC) No 249/2008 (OJ L 76, 19.3.2008, p. 8).

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of a partial
interim review,
the Commission therefore hereby initiates a
review in accordance with Article 11(3) of the basic Regulation
to determine whether the applicant continues to operate under
market economy conditions as defined in Article 2(7)(c) of the
basic Regulation.

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Official Journal of the European Union

11.7.2008

If so, the Commission will determine their individual margin of
dumping based on their own costs/domestic prices, or alterna-
tively, will determine their individual margin of dumping in
accordance with Article 9(5) of the basic Regulation. Should
dumping be found, the Commission will determine the level of
the duty to which the applicant's imports of
the product
concerned into the Community should be subject.

it

is determined that measures

If
should be removed or
amended for the applicant, it may be necessary to amend the
rate of duty currently applicable to imports of
the product
concerned from the cooperating exporting producers not in the
sample in Article 1 of Regulation (EC) No 1425/2006.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the applicant. This information and supporting evidence
should reach the Commission within the time limit set in
point 6(a)(i).

(b) Collection of information and holding of hearings

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 6(a)(i).

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 6(a)(ii).

(c) Market economy treatment or individual treatment claims

In the event that the applicant provides sufficient evidence
showing that it operates under market economy conditions,
i.e. that it meets the criteria laid down in Article 2(7)(c) of
the basic Regulation, normal value will be determined in
accordance with Article 2(7)(b) of the basic Regulation. For
this purpose, a duly substantiated claim must be submitted
within the specific time limit set in point 6(b) of this notice.
The Commission will send a claim form to the applicant as
well as to the authorities of the People's Republic of China.
This claim form may also be used by the applicant to claim
individual treatment, i.e. that it meets the criteria laid down
in Article 9(5) of the basic Regulation.

(d) Selection of the market economy country

is not granted market
In the event
economy
economy
country will be used for the purpose of establishing normal

an appropriate market

that
treatment,

the applicant

the current measures on imports of

value in respect of the People's Republic of China in accord-
ance with Article 2(7)(a) of
the basic Regulation. The
Commission considers using Malaysia again for this purpose
as was done in the investigation which led to the imposition
of
the product
concerned from the People's Republic of China. Interested
parties are hereby invited to comment on the appropriate-
ness of this choice within the specific time limit set in
point 6(c) of this notice. Furthermore, in the event that the
applicant
the
Commission may, if necessary, also use findings concerning
the normal value established in an appropriate market
for the purpose of replacing any
economy country, e.g.
unreliable cost or price elements in the People's Republic of
China which are needed in establishing the normal value, if
reliable required data are not available in the People's
Republic of China. The Commission considers using
Malaysia also for this purpose.

economy treatment,

is granted market

6. Time limits

(a) General time limits

(i) For par ties

to make

to
submit questionnaire replies and any other
infor mation

themselves known,

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 making itself known within the aforementioned
period.

(ii) Hear ings

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

(b) Specific time limit for submission of claims for market economy

treatment and/or individual treatment

applicant's duly

substantiated claim for market
The
this
economy treatment, as mentioned in point 5(c) of
to
treatment pursuant
individual
notice
Article 9(5) of
reach the
Commission within 15 days of the date of publication of
this notice in the Official Journal of the European Union.

for
the basic Regulation, must

and/or

11.7.2008

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Official Journal of the European Union

C 176/11

(c) Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the
as mentioned in
appropriateness of Malaysia which,
point 5(d) of this notice, is considered as a market economy
country for the purpose of establishing normal value in
respect of the People's Republic of China. These comments
must reach the Commission within 10 days of the date of
the
this notice in the Official
publication of
European Union.

Journal of

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
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-cooperation

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.

9. 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 the
publication of this notice in the Official Journal of the European
Union.

10. Processing of personal data

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 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).

11. Hearing Officer

their

they may request

in the exercise of

the intervention of

It is also noted that if interested parties consider that they are
rights of
encountering difficulties
defence,
the Hearing
Officer of DG Trade. He acts as an interface between the inter-
ested parties and the Commission services, offering, where
necessary, mediation on procedural matters affecting the protec-
tion of
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, see the Hearing Officer's web pages on the website of
DG Trade (http://ec.europa.eu/trade).

their interests in this proceeding,

(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.