Commission Regulation (EC) No 1082/2008 of 4 November 2008 on initiating a new exporter review of Council Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating, inter alia , in Malaysia, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
Date: 2008-11-04
Institutions: European Commission
Subjects: Malaysia, anti-dumping duty, anti-dumping legislation, import, originating product, plastics

5.11.2008

EN

Official Journal of the European Union

L 296/5

COMMISSION REGULATION (EC) No 1082/2008

of 4 November 2008
on initiating a ‘new exporter’ review of Council Regulation (EC) No 192/2007 imposing a definitive
in
anti-dumping duty on imports of certain polyethylene terephthalate originating,
Malaysia, repealing the duty with regard to imports from one exporter in this country and
making these imports subject to registration

inter alia,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Article 11(4),

Whereas:

(1)

(2)

(3)

(4)

A. REQUEST FOR A REVIEW

The Commission has received an application for a ‘new
exporter’ review pursuant to Article 11(4) of the basic
lodged by Eastman
Regulation. The application was
Chemical
an
applicant),
(Malaysia)
exporting producer in Malaysia (the country concerned).

SDN.BHD (the

B. PRODUCT

The product under review is polyethylene terephthalate
having a viscosity number of 78 ml/g or higher,
according to ISO Standard 1628-5 originating in
Malaysia (the product concerned), currently classifiable
within CN code 3907 60 20.

C. EXISTING MEASURES

The measures currently in force are a definitive anti-
dumping duty imposed by Council Regulation (EC) No
192/2007 (2) under which imports into the Community
of the product concerned originating in Malaysia, and
produced by the applicant, are subject to a definitive
antidumping duty of EUR 160,1/t with the exception
of several companies specially mentioned which are
subject to individual duties.

D. GROUNDS FOR THE REVIEW

i.e.

The applicant alleges that it did not export the product
concerned to the Community during the period of in­
vestigation on which the anti-dumping measures were
the period from 1 October 1998 to
based,
investigation period)
30 September 1999 (the original
the exporting
is not
and that
producers of
to the
above mentioned anti-dumping measures.

related to any of
the product which are subject

it

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 59, 27.2.2007, p. 1.

(5)

(6)

(7)

(8)

The applicant further alleges that it began exporting the
product concerned to the Community after the end of
the original investigation period.

E. PROCEDURE

Community producers known to be concerned have been
informed of the above application and have been given
an opportunity to comment. No comments have been
received.

Having examined the evidence available, the Commission
concludes that there is sufficient evidence to justify the
initiation of a ‘new exporter’
to
Article 11(4) of the basic Regulation, with a view to
determine the applicant’s individual margin of dumping
and, should dumping be found, the level of the duty to
which their imports of the product concerned into the
Community should be subject.

review, pursuant

it

the

applicant

is determined that

the
If
requirements to have an individual duty established,
it
may be necessary to amend the rate of duty currently
applicable to imports of the product concerned from
companies not individually mentioned in Article 1 of
Regulation (EC) No 192/2007.

fulfils

(a) Questionnaires

In order to obtain the information it deems necessary
for its investigation,
the Commission will send a
questionnaire to the applicant.

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their
views known in writing and to provide supporting
evidence.

Furthermore,
parties, provided that
writing showing that
why they should be heard.

the Commission may hear interested
in
reasons

there are particular

they make

request

a

Attention is drawn to the fact that the exercise of
most procedural rights set out in the basic Regulation
depends on the parties making themselves known
within the period provided for by the present
Regulation.

L 296/6

EN

Official Journal of the European Union

5.11.2008

(9)

F. REPEAL OF THE DUTY IN FORCE AND
REGISTRATION OF IMPORTS

subject

Pursuant to Article 11(4) of the basic Regulation, the
anti-dumping duty in force should be repealed with
regard to imports of the product concerned which are
produced and sold for export to the Community by the
applicant. At the same time, such imports should be
to registration in accordance with
made
to
Article 14(5) of
in order
ensure that, should the review result
in a finding of
dumping in respect of
the applicants, anti-dumping
duties can be levied retroactively from the date of the
initiation of this review. The amount of the applicant
this
possible future liabilities cannot be estimated at
stage of the proceeding.

the basic Regulation,

(13)

(14)

G. TIME LIMITS

(10)

In the interest of sound administration,
should be stated within which:

time limits

I. PROCESSING OF PERSONAL DATA

It is noted that any personal data collected in this in­
vestigation will be treated in accordance with Regulation
(EC) No 45/2001 of the European Parliament and the
Council on the protection of individuals with regard to
the processing of personal data by the Community insti­
tutions and bodies and on the free movement of such
data (1).

J. HEARING OFFICER

they may request

the intervention of

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
offering, where necessary, mediation on
services,
procedural matters affecting the protection 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),

(a)

their views

interested parties may make themselves known to the
Commission, present
in writing and
submit the replies to the questionnaire mentioned
in Article 4(1) of
this Regulation or provide any
other information to be taken into account during
the investigation,

HAS ADOPTED THIS REGULATION:

Article 1

(b) interested parties may make a written request to be

heard by the Commission.

H. NON-COOPERATION

(11)

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.

A review of Regulation (EC) No 192/2007 is hereby initiated
pursuant to Article 11(4) of Regulation (EC) No 384/96 in
order to determine if and to what extent the imports of poly­
ethylene terephthalate having a viscosity number of 78 ml/g or
higher, according to ISO Standard 1628-5, falling within CN
code 3907 60 20 originating in Malaysia, produced and sold for
export
(Malaysia)
SDN.BHD (TARIC additional code A898) should be subject to
the
(EC)
No 192/2007.

to the Community by Eastman Chemical

antidumping

Regulation

imposed

duty

by

Article 2

The anti-dumping duty imposed by Regulation (EC) No
192/2007 is hereby repealed with regard to the imports
identified in Article 1.

(12) 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 findings are therefore based on the
facts available in accordance with Article 18 of
the
basic Regulation, the result may be less favourable to
that party than if it had cooperated.

Article 3

The customs authorities are hereby directed, pursuant
to
Article 14(5) of Regulation (EC) No 384/96, to take the appro­
priate steps to register the imports identified in Article 1. Regis­
tration shall expire nine months following the date of entry into
force of this Regulation.

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

5.11.2008

EN

Official Journal of the European Union

L 296/7

Article 4

1.
Interested parties, if their representations are to be taken
into account during the investigation, must make themselves
known to the Commission, present their views in writing and
submit the replies to the questionnaire mentioned in recital
10(a) of
information, unless
otherwise specified, within 40 days of the entry into force of
this Regulation. Interested parties may also apply in writing to
be heard by the Commission within the same 40-day time limit.

this Regulation or any other

All submissions and requests made by interested parties
2.
must be made in writing (not
in electronic format, unless
otherwise specified) and must indicate the name, address, e-
mail address,
the interested
telephone and fax numbers of
party. All written submissions,
including the information
requested in this Regulation, questionnaire replies and corre­
spondence provided by interested parties on a confidential
basis shall be labelled as ‘Limited’ (1) and,
in accordance with

Article 19(2) of Regulation (EC) No 384/96, shall be accom­
panied by a non-confidential version, which will be labelled
‘FOR INSPECTION BY INTERESTED PARTIES’.

Any information relating to the matter and/or any request for a
hearing should be sent to the following address:

European Commission
Directorate-General for Trade
Directorate H
Office: N-105 4/92
B-1049 Brussels
Fax (32-2) 295 65 05

Article 5

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 Brussels, 4 November 2008.

For the Commission

Catherine ASHTON
Member of the Commission

(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
(OJ L 145, 31.5.2001,
p. 43).
It is a confidential document pursuant to Article 19 of
Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1) and
Article 6 of the WTO Agreement on Implementation of Article VI of
the GATT 1994 (Anti-dumping Agreement).