Council Regulation (EC) No 189/2009 of 9 March 2009 amending Regulation (EC) No 1425/2006 imposing a definitive anti-dumping duty on imports of certain plastic sacks and bags originating in the People’s Republic of China and Thailand, and terminating the proceeding on imports of certain plastic sacks and bags originating in Malaysia
Date: 2009-03-09
Institutions: Council of the European Union
Subjects: China, anti-dumping legislation, anti-dumping measure, dumping, import, originating product, packaging product, plastics

12.3.2009

EN

Official Journal of the European Union

L 67/5

COUNCIL REGULATION (EC) No 189/2009

of 9 March 2009

amending Regulation (EC) No 1425/2006 imposing a definitive anti-dumping duty on imports of
certain plastic sacks and bags originating in the People’s Republic of China and Thailand, and
terminating the proceeding on imports of certain plastic sacks and bags originating in Malaysia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 384/1996 of
22 December 1995 on protection against dumped imports
from countries not members of the European Community (1)
(the basic Regulation),

Having regard to Council Regulation (EC) No 1425/2006 (2)
and in particular Article 2 thereof,

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

Whereas:

A. PREVIOUS PROCEDURE

(1)

CN

and

codes

(TARIC

(TARIC

(TARIC

ex 3923 29 90

ex 3923 21 00

ex 3923 29 10

led to the imposition of

By Regulation (EC) No 1425/2006, the Council imposed
a definitive anti-dumping duty on imports into the
Community of certain plastic sacks and bags falling
code
within
3923 21 00 20),
code
3923 29 10 20)
code
3923 29 90 20), originating in the People’s Republic of
China (PRC) and Thailand. Given the large number of
cooperating exporting producers
in the investigation
that
the anti-dumping duty
investigation), a sample of Chinese and
(the original
Thai exporting producers was selected and individual
duty rates ranging from 4,8 % to 14,3 % were imposed
on the companies included in the samples, while other
cooperating companies not included in the sample were
attributed a duty rate of 8,4 % for the PRC and 7,9 % for
Thailand. Duty rates of 28,8 % for the PRC and 14,3 %
for Thailand were imposed on companies which either
did not make themselves known or did not cooperate
with the investigation.

(2)

Article 2 of Regulation (EC) No 1425/2006 stipulates
that where any new exporting producer in the PRC or
Thailand provides sufficient evidence to the Commission
that:

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 270, 29.9.2006, p. 4.

— it did not export to the Community the products
described in Article 1(1) of that Regulation during
the investigation period (1 April 2004 to 31 March
2005) (the investigation period) (the first criterion),

— it is not related to any of the exporters or producers
in the PRC or Thailand which are subject to the anti-
dumping measures imposed by that Regulation (the
second criterion), and

— it has actually exported to the Community the
products 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 (the third
criterion),

then Article 1 of that Regulation can be amended by
granting the new exporting producer
the duty rate
applicable to the cooperating companies not included
in the sample,
i.e. 8,4 % for Chinese companies and
7,9 % for Thai companies.

B. NEW EXPORTING PRODUCERS’ REQUESTS

(five Chinese and two Thai) have
Seven companies
applied to be granted the same treatment as
the
companies cooperating in the original investigation not
included in the
(new exporting producer
treatment).

sample

to determine
An examination has been carried out
whether
the criteria for
the seven companies
being granted new exporting producer treatment as set
out in Article 2 of Regulation (EC) No 1425/2006.

fulfil

An application form was sent to all seven applicants who
were also asked to supply evidence to demonstrate that
they meet the three criteria mentioned above.

companies

requesting new exporting
Two Chinese
producer treatment did not provide the requested infor­
mation. It was therefore not possible to verify whether
these companies fulfilled the criteria set out in Article 2
of Regulation (EC) No 1425/2006, and their requests had
to be rejected.

(3)

(4)

(5)

(6)

L 67/6

EN

Official Journal of the European Union

12.3.2009

(7)

(8)

(9)

One Thai company provided misleading information and
its request was therefore rejected.

(11) All arguments and submissions made by interested
parties were analysed and duly taken into account
where warranted,

One Thai company exported the product concerned to
the Community during the investigation period. It thus
did not meet
the first criterion and its request was
therefore rejected.

HAS ADOPTED THIS REGULATION:

Article 1

The evidence provided by the remaining three Chinese
exporting producers is considered sufficient to show that
they fulfil the criteria set out in Article 2 of Regulation
(EC) No 1425/2006 and therefore to grant them the duty
rate
cooperating companies not
included in the sample (8,4 % for Chinese companies)
and consequently to add their names to the list of
exporting producers in Annex I to Regulation (EC) No
1425/2006.

applicable

to the

The following companies shall be added to the list of producers
from the People’s Republic of China listed in Annex I to Regu­
lation (EC) No 1425/2006:

Company

City

Huiyang Kanlun Polyethylene Manufacture Factory

Huizhou

Bao Xiang Plastic Bag Manufacturing (Shenzhen) Co. Ltd.

Shenzhen

Quanzhou Polywin Packaging Co. Ltd.

Nanan

(10)

applicants

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

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, 9 March 2009.

For the Council
The President
P. NEČAS