Notice of initiation of a partial interim review of the countervailing measures applicable to imports of polyethylene terephthalate (PET) film originating in India
Date: 2009-09-09
Institutions: European Commission
Subjects: India, countervailing charge, export subsidy, import policy, originating product, plastics








C_2009215EN.01001701.xml










9.9.2009   


EN


Official Journal of the European Union


C 215/17





Notice of initiation of a partial interim review of the countervailing measures applicable to imports of polyethylene terephthalate (PET) film originating in India
2009/C 215/05
The Commission has received a request for a partial interim review pursuant to Article 19 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’).
1.   Request for review

The request was lodged by Jindal Poly Films Limited, an exporting producer from India (‘the applicant’).
The request is limited in scope to the examination of subsidisation as far as the applicant is concerned.
2.   Product

The product under review is polyethylene terephthalate (PET) film originating in India (‘the product concerned’), currently falling within CN codes ex 3920 62 19 and ex 3920 62 90.
3.   Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Regulation (EC) No 367/2006 (2) on imports of polyethylene terephthalate (PET) film originating in India.
4.   Grounds for the review

The applicant has provided prima facie evidence that the circumstances with regard to subsidisation on the basis of which measures were established have changed significantly and that these changes are of a lasting nature.
The applicant alleges that the continued imposition of the measure on imports of the product under review at its present level is no longer necessary to offset the countervailable subsidisation. The applicant has provided sufficient evidence that its subsidy amount has decreased well below the duty rate currently applicable to it. This reduction in the subsidy level is mainly due to a significant drop in the benefits availed of under the Advance Authorisation Scheme (formerly known as Advance Licence Scheme). Even though the benefits from other schemes such as Duty Entitlement Passbook Scheme post-export appear to be higher at present, the overall subsidy rate has dropped significantly.
In the light of the above, the Commission considers that as far as subsidisation of Jindal Poly Films Limited is concerned, there is sufficient prima facie evidence that the circumstances with regard to subsidisation have changed significantly and are of a lasting nature and, therefore, the measures should be reviewed.
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 19 of the basic Regulation with a view to determining whether the measures should be removed or amended for the applicant.
If so, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from exporting producers in the country concerned not individually mentioned in Article 1(2) of Regulation (EC) No 367/2006, i.e. the duty specified as applying to ‘all other companies’ in India.
(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant and to the authorities of the exporting country concerned. This information and supporting evidence should reach the Commission within the time limit set in point 6(a) of this notice.
(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 paragraph 6(a) of this notice.
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 paragraph 6(b) of this notice.
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.
(b)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.
7.   Written submissions, questionnaire replies and correspondence

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 labeled as ‘Limited’ (3) and, in accordance with Article 29(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labeled ‘For Inspection By Interested Parties’.
Commission address for correspondence:





European Commission




Directorate General for Trade




Directorate H




Office: N-105 4/92




1049 Bruxelles/Brussel




BELGIQUE/BELGIË




Fax +32 22956505




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 28 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 28 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 22(1) 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 the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (4).
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, they may request the intervention of the Hearing Officer of Directorate General for Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, 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 Directorate General for Trade (http://ec.europa.eu/trade).


(1)  OJ L 188, 18.7.2009, p. 93.

(2)  OJ L 68, 8.3.2006, p. 15.

(3)  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 29 of the basic Regulation and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures.

(4)  OJ L 8, 12.1.2001, p. 1.