Proposal for a COUNCIL REGULATION imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009
Date: 2010-10-21
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, dumping, import, originating product, plastics

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EUROPEAN COMMISSION 

Brussels, 21.10.2010 
COM(2010) 594 final 

2010/0297 (NLE) 

Proposal for a 

COUNCIL REGULATION 

imposing a definitive anti-dumping duty on imports of certain polyethylene 
terephthalate originating in the People's Republic of China following an expiry review 
pursuant to Article 11(2) of Regulation (EC) No 1225/2009 

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EXPLANATORY MEMORANDUM 

1) CONTEXT OF THE PROPOSAL 

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•  Grounds for and objectives of the proposal 

This  proposal  concerns  the  application  of  Council  Regulation  (EC)  No  1225/2009  of 
30 November 2009 on protection against dumped imports from countries not members 
of the European Community (‘the basic Regulation’) in the expiry review proceeding 
concerning  imports  of  certain  polyethylene  terephthalate  originating  in  the  People's 
Republic of China. 

•  General context 

This proposal is made in the context of implementation of the basic Regulation and is 
the  result  of  an  investigation  which  was  carried  out  in  line  with  the  substantive  and 
procedural requirements laid out in the basic Regulation. 

Existing provisions in the area of the proposal 

A definitive anti-dumping duty on imports of polyethylene terephthalate having a viscosity 
number of 78 ml/g or higher, according to the ISO Standard 1628-5, currently falling within 
CN  code  3907  60  20  and  originating  in  the  People's  Republic  of  China  was  imposed  by 
Council Regulation (EC) No 1467/2004 (OJ L 271, 19.8.2004, p.1). 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Interested parties concerned by the proceeding have had the possibility to defend their 
interests during the investigation, in line with the provisions of the basic Regulation. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

This proposal is the result of the implementation of the basic Regulation. 

The basic Regulation does not provide for a general impact assessment but contains an 
exhaustive list of conditions that have to be assessed. 

3) LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

On  18  August  2009,  the  Commission  announced  by  a  notice  (‘notice  of  initiation’), 
published  in  the  Official  Journal  of  the  European  Union,  the  initiation  of  an  expiry 
review  of  the  anti-dumping  measures  applicable  to  imports  of  polyethylene 
terephthalate originating in the People's Republic of China. 

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The  review  proceeding  was  initiated  following  a  substantiated  request  lodged  on  13 
May  2009  by  the  Polyethylene  Terephthalate  Committee  of  Plastics  Europe  (‘the 
complainant’)  on  behalf  of  producers  representing  a  major  proportion  of  the  total 
Union production of certain polyethylene terephthalate. 

The enclosed Commission proposal for a Council Regulation re-imposing a definitive 
anti-dumping  duty  contains  the  definitive  conclusions  regarding  likelihood  of 
recurrence and/or continuation of dumping and injury and Union interest. 

The  findings  of  the  case  were  presented  to  Member  States  during  the  Anti-Dumping 
Committee of 13 October 2010. The majority of Member States were in favour of the 
proposed course of action. 

It  is  proposed  that  the  Council  adopt  the  attached  proposal  for  a  Regulation  which 
should  be  published  in  the  Official  Journal  of  the  European  Union  by  17  November 
2010 at the latest. 

•  Legal basis 

Council  Regulation  (EC)  No  1225/2009  of  30  November  2009  on  protection  against 
dumped imports from countries not members of the European Community (‘the basic 
Regulation’). 

•  Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  Union.  The  subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

The form of action is described in the above-mentioned basic Regulation and leaves no 
scope for national decision. 

Indication of how financial and administrative burden falling upon the Union, national 
governments,  regional  and  local  authorities,  economic  operators  and  citizens  is 
minimized and proportionate to the objective of the proposal is not applicable. 

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason: 

The above-mentioned basic Regulation does not provide for alternative options. 

4) BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

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2010/0297 (NLE) 

Proposal for a 

COUNCIL REGULATION 

imposing a definitive anti-dumping duty on imports of certain polyethylene 
terephthalate originating in the People's Republic of China following an expiry review 
pursuant to Article 11(2) of Regulation (EC) No 1225/2009 

THE COUNCIL OF THE EUROPEAN UNION  

Having regard to the Treaty on the Functioning of the European Union, 

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection 
against dumped imports from countries not members of the European Community1 (‘the basic 
Regulation’), and in particular Article 9 and Article 11(2) thereof, 

Having  regard  to  the  proposal  submitted  by  the  European  Commission  ('Commission')  after 
consulting the Advisory Committee, 

Whereas: 

1. 

(1) 

(2) 

2. 

(3) 

Measures in force 

A. 

PROCEDURE  

The Council, following an anti-dumping investigation ('the original investigation'), by 
Regulation  (EC)  No  1467/20042,  imposed  a  definitive  anti-dumping  duty  on  imports 
of  certain  polyethylene  terephthalate  (PET)  originating  inter  alia  in  the  People's 
Republic  of  China  ('the  definitive  anti-dumping  measures').  The  duty  levels  imposed 
were  up  to  22,9%  corresponding  to  184  €/t  fo r  imports  originating  in  the  People's 
Republic of China ('the country concerned' or 'the PRC').  

Following a 'new exporter' review pursuant to Article 11(4) of the basic Regulation, by 
Regulation  (EC)  No  2167/20053,  the  Council  amended  Regulation  (EC)  No 
1467/2004. 

Request for a review 
Following  the  publication  of  a  notice  of  impending  expiry4  of  the  definitive  anti-
dumping measures in force, the Commission received on 13 May 2009 a request for 
the  initiation  of  an  expiry  review  of  these  measures  pursuant  to  Article  11(2)  of  the 
basic  Regulation.  The  request  was  lodged  by  the  Polyethylene  Terephthalate 
Committee  of  Plastics  Europe  (the  applicant)  on  behalf  of  producers  representing  a 
major proportion, in this case more than 50 %, of total Union production of PET. 

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4 

OJ L 343, 22.12.2009, p. 51. 
OJ L 271, 19.8.2004, p. 1. 
OJ L 345, 28.12.2005, p. 11. 
OJ C 5, 10.1.2009, p. 3. 

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(4) 

(5) 

3. 

(6) 

(7) 

The  request  for  the  expiry  review  was  based  on  the  grounds  that  the  expiry  of  the 
measures  would  be  likely  to  result  in  a  continuation  or  recurrence  of  dumping  and 
injury to the Union industry. 

Having determined, after consulting the Advisory Committee, that sufficient evidence 
existed  for  the  initiation  of  an  expiry  review,  the  Commission  announced  on  18 
August 2009, by a notice of initiation published in the Official Journal of the European 
Union5 ('the notice of initiation'), the initiation of an expiry review pursuant to Article 
11(2) of the basic Regulation. 

Parallel proceedings 

It is noted that on 3 September 2009, the Commission also announced the initiation of 
an anti-dumping proceeding6 pursuant to Article 5 of the basic Regulation and an anti-
subsidy proceeding7 pursuant to Article 10 of Council Regulation (EC) No 597/2009 
of 11 June 2009 on protection against subsidised imports from countries not member 
of  the  European  Community8  concerning  imports  of  certain  PET  originating  in  Iran, 
Pakistan and the United Arab Emirates. 

The  Council  imposed  a  definitive  countervailing  duty  on  imports  of  certain 
polyethylene  terephthlate  originating  in  Iran,  Pakistan  and  the  United  Arab  Emirates 
by Regulation (EU) No 857/2010 published on 29 September 20109. At the same time 
the Commission terminated the anti-dumping proceeding10. 

3. 

Investigation 

3.1. Investigation period 

(8) 

(9) 

The investigation of the likelihood of continuation or recurrence of dumping covered 
the  period  from  1  July  2008  to  30 June 2009  (‘the  review  investigation  period’  or 
‘RIP’). The examination of the trends relevant for the assessment of the likelihood of a 
continuation or recurrence of injury covered the period from 1 January 2006 to the end 
of the RIP (‘period considered’). 

3.2.  Parties concerned by the investigation 

The  Commission  officially  advised  the  complaining  producers,  other  known  Union 
producers,  importers/traders,  users  known  to  be  concerned  and  their  associations, 
exporting  producers  and  representatives  of  the  exporting  country  concerned,  of  the 
initiation of the expiry review. Interested parties were given the opportunity to make 
their views known in writing and to request a hearing within the time limit set in the 
notice of initiation. 

(10)  All interested parties, who so requested and showed that there were particular reasons 

why they should be heard, were granted a hearing. 

(11) 

In  view  of  the  apparent  high  number  of  Union  producers,  exporting  producers  and 
importers,  it  was  considered  appropriate,  in  accordance  with  Article  17  of  the  basic 
Regulation,  to  examine  whether  sampling  should  be  used.  In  order  to  enable  the 
Commission  to  decide  whether  sampling  would  be  necessary  and,  if  so,  to  select  a 

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10 

OJ C 194, 18.8.2009, p. 9. 
OJ C 208, 3.9.2009, p. 12. 
OJ C 208, 3.9.2009, p. 7. 
OJ L 188, 18.7.2009, p. 93. 
OJ L 254, 29.9.2010, p.10. 
OJ L 254, 29.9.2010, p. 40. 

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sample, the above parties were requested to make themselves known within 15 days of 
the  initiation  of  the  review  and  to  provide  the  Commission  with  the  information 
requested in the notice of initiation. 

(12)  Fourteen  Union  producers  provided  the  requested  information  and  agreed  to  be 
included in the sample. On the basis of the information received from the cooperating 
Union  producers,  the  Commission  selected  a  sample  of  five  Union  producers 
representing  65  %  of  the  sales  by  all  cooperating  Union  producers  to  unrelated 
customers in the EU. 

(13)  As  only  two  Chinese  exporting  producers  came  forward  with  the  requested 

information, it was not necessary to select a sample. 

(14)  Only  one  importing  agent  provided  the  requested  information  and  agreed  to  be 
included in the sample. Consequently, no sampling with regard to unrelated importers 
was necessary. 

(15)  The  Commission  sent  questionnaires  to  the  sampled  Union  producers,  to  exporting 
producers,  and  to  all  users  and  suppliers  known  to  be  concerned  as  well  as  to  those 
that  made  themselves  known  within  the  deadlines  set  out  in  the  notice  of  initiation. 
Questionnaires were also sent to known producers in the USA (the envisaged analogue 
country). 

(16)  Questionnaire  replies  were  received  from  the  five  sampled  Union  producers,  seven 
users in the Union, three suppliers of raw materials, and two producers in the USA. In 
addition, seven cooperating Union producers provided the requested general data for 
the injury analysis. No questionnaire replies, however, were submitted by the Chinese 
exporting producers. 

(17) 

In the course of the investigation, one of the five sampled Union producers was not in 
a position to provide all requested data and the sample consequently had to be reduced 
to four producers representing 47% of the sales by all cooperating producers. 

(18)  The  Commission  sought  and  verified  all  the  information  deemed  necessary  for  a 
determination of the likelihood of continuation or recurrence of dumping and resulting 
injury and of the Union interest. Verification visits were carried out at the premises of 
the following companies: 

(a)  Union producers 

– 

– 

– 

– 

Novapet SA, Spain, 

Equipolymers srl, Italy, 

UAB Orion Global PET (Indorama), Lithuania, 

UAB Neo Group, Lithuania; 

(b)  Users in the Union 

– 

Puccetti, Italy. 

(c)  Producers in the USA 

– 

– 

- M&G Polymers USA, LLC, USA 

- StarPet Inc., USA. 

B. 

PRODUCT CONCERNED AND LIKE PRODUCT 

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(19)  The product concerned is the same as the one in the original investigation i.e. polyethylene 
terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO Standard 
1628-5, currently falling within CN code 3907 60 20 and originating in the PRC. 

(20)  The review investigation confirmed the finding of the original investigation that the product 
concerned,  and  the  products  manufactured  and  sold  by  the  exporting  producers  on  their 
domestic market and to third countries, as well as those manufactured and sold by the Union 
industry  have  the  same  basic  physical  and  chemical  characteristics  and  uses.  Therefore, 
these products are considered to be like products within the meaning of Article 1(4) of the 
basic Regulation. 

C. 

LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING 

1. 

Preliminary remarks 

(21)  As  explained  above,  it  was  not  necessary  to  apply  sampling  in  respect  of  exporting 

producers in the PRC. 

(22) 

In accordance with Article 11(2) of the basic Regulation, it was examined whether the 
expiry of the existing measures would be likely to lead to a continuation or recurrence 
of dumping. 

2. 

Dumping of imports during the RIP 

(23)  Given the absence of significant import volumes from the PRC into the European Union, 
these  did  not  form  a  basis  for  a  representative  dumping  finding.  Therefore,  no  dumping 
calculation was made on the basis of the export prices from the PRC and the investigation 
therefore focused on the likelihood of recurrence of dumping. 

3. 

Development of imports should measures be repealed 

(24)  Given the fact that no exporting producer in the PRC cooperated in this investigation, 
the  conclusions  below  rely  on  facts  available  in  accordance  with  Article  18  of  the 
basic Regulation, namely Eurostat data and the review request. 

3.1.  Relationship between the normal value and export prices to third countries 

(25) 

Since  no  exporting  producer  in  the  PRC  cooperated,  domestic  sales  prices  of  a  market 
economy third country were compared to export prices from the PRC to third countries in 
accordance with Article 2(7) of the basic Regulation. 

Analogue country 

(26) 

(27) 

Since the PRC is an economy in transition and in accordance with the provisions of Article 
2(7)(a) of the basic Regulation, normal value had to be determined on the basis of the price 
or constructed normal value obtained in an appropriate market economy third country ('the 
analogue country'), or the price from the analogue country to other countries, including the 
Union, or where those are not possible on any other reasonable basis, including the price 
actually  paid  or  payable  in  the  Union  for  the  like  product,  duly  adjusted  if  necessary  to 
include a reasonable profit margin. 

In  the  notice  of  initiation,  it  was  envisaged  to  use  the  USA  as  an  appropriate  analogue 
country for the purpose of establishing normal value for the PRC and interested parties were 
invited to comment on the appropriateness of this choice. No comments or objections were 
received from any parties in this respect. The USA was used as an analogue country in the 
original  investigation. It is therefore considered that the USA is an appropriate analogue 
country. 

Normal value 

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(28) 

Pursuant to Article 2(7) of the basic Regulation, normal value was established on the basis 
of the verified information received from producers in the analogue country, i.e. on the basis 
of prices paid or payable on the domestic market in the USA, for product types which were 
found to be sold in the ordinary course of trade. 

(29)  As a result, normal value was established as the weighted average domestic sales price to 

unrelated customers by the co-operating producers in the USA. 

(30) 

It was first established for each of the two US cooperating exporting producers whether their 
total  domestic  sales  of  the  like  product  to  independent  customers  were  representative  in 
accordance with Article 2(2) of the basic Regulation, i.e. whether they accounted for 5 % or 
more of the total sales volume of the product concerned exported to the European Union. 
The domestic sales of both US producers were considered sufficiently representative during 
the investigation period. 

(31)  The  Commission  subsequently  examined  whether  the  domestic  sales  of  the  like  product 
could be regarded as being sold in the ordinary course of trade pursuant to Article 2(4) of the 
basic Regulation. This was done by establishing for the like product sold on the US market 
the proportion of profitable domestic sales to independent customers during the RIP. 

(32) 

Since the volume of profitable sales of the like product represented less than 80 % of the 
total sales volume of the like product, normal value was based on the actual domestic price, 
calculated as a weighted average of profitable sales. 

Export price 

(33)  As explained above, in the absence of significant import volumes and in view of the absence 
of any cooperation from PRC exporting producers, the export price was examined on the 
basis of data available from PRC export statistics on the quantity and value of exports from 
the  PRC  to  its  three  most  important  export  markets  (Japan,  Ukraine,  United  States),  this 
being the best information available in accordance with Article 18 of the basic Regulation. 
Exports to these markets represented approximately 50 % of PRC exports of  the product 
under investigation. 

Comparison 

(34)  Data from the PRC export statistics showed that export prices to the above mentioned third 
countries  were  lower  than  the  established  normal  value  for  the  PRC.  In  fact,  the 
investigation found that overall this price difference ranged in the RIP between 14 % and 
38 %.  This  indicates  a  likelihood  of  recurrence  of  dumping  on  exports  to  the  European 
Union should measures be repealed. 

3.2.  Spare capacities 

(35) 

In the absence of other information concerning production and capacity, the analysis was 
made in accordance with Article 18 of the basic Regulation on the basis of the information 
contained in the review request. 

(36)  On the basis of the information available, and in the absence of any information pointing to 
the contrary, production capacity in the PRC increased by 16 % over the period considered. 
During the RIP, the capacity utilisation was at a level of approximately 72 %. The spare 
capacity was therefore substantial and was in excess of 700.000 tonnes. By activating this 
spare capacity, Chinese production could supply up to 23 % of the EU consumption. 

(37) 

In addition, since production capacity in the PRC is expected to increase at a much higher 
rate than domestic demand, it is anticipated that a large part of any increase in production 
will be export oriented. 

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4. 

Conclusion on the likelihood of recurrence of dumping  

(38)  Given that the prices of exports of the product under investigation to the PRC's main export 
markets  are  below  the  normal  value  established  during  the  RIP,  and  on  the  basis  of  the 
increasing spare capacity, it is likely that the volume of Chinese exports into the EU would 
increase at dumped prices should measures lapse. 

(39) 

In the light of the above, there is a likelihood of recurrence of dumping should measures be 
repealed. 

D. 

DEFINITION OF THE UNION INDUSTRY  

(40)  During the RIP, the like product was manufactured by 17 producers in the Union. The 
output of these producers (established on the basis of the information collected from 
the  cooperating  producers  and  for  the  other  Union  producers  on  the  data  from  the 
review  request)  is  therefore  deemed  to  constitute  the  Union  production  within  the 
meaning of Article 4(1) of the basic Regulation. 

(41)  Of  these  17  producers,  12  producers  fully  cooperated  with  the  investigation.  These 
12 producers  were  found  to  account  for  a  major  proportion,  in  this  case  more  than 
80 %, of the total Union production of the like product. The 12 cooperating producers 
therefore constitute the Union industry within the meaning of Article 4(1) and Article 
5(4) of the basic Regulation and will be hereafter referred to as the ‘Union industry’. 
The  remaining  Union  producers  will  be  hereafter  referred  to  as  the  'other  Union 
producers'.  These  other  Union  producers  have  not  actively  supported  or  opposed  the 
complaint. 

(42)  For  the  purpose  of  the  injury  analysis,  the  injury  indicators  have  been  established  at 

the following two levels: 

– 

– 

The  macroeconomic  elements  (production,  capacity,  sales  volume,  market 
share, growth, employment, productivity, average unit prices and magnitude of 
dumping  margins  and  recovery  from  the  effects  of  past  dumping)  were 
assessed  at  the  level  of  the  whole  Union  production,  on  the  basis  of  the 
information  collected  from  the  producers  that  came  forward  in  the  context  of 
the sampling exercise and on an estimation based on the data from the review 
request for the other Union producers. 

The analysis of microeconomic elements (stocks, wages, profitability, return on 
investments, cash flow, ability to raise capital and investments) was carried out 
for the sampled Union producers on the basis of their information. 

(43) 

It is noted that the EU market for PET is characterised by a relatively high number of 
producers, belonging usually to bigger groups with headquarters outside the EU. The 
market is in a process of consolidation with a number of recent takeovers and closures. 
For  instance,  since  2009,  PET  production  plants  of  Tergal  Fibers  (France),  Invista 
(Germany)  and  Artenius  (UK)  closed  while  Indorama  took  over  the  former  Eastman 
plants in UK and the Netherlands. 

E. 

SITUATION ON THE UNION MARKET  

1. 

Union consumption 

(44)  Union  consumption  was  established  on  the  basis  of  the  sales  volumes  of  the  Union 
industry  on  the  Union  market,  the  import  volumes  data  for  the  EU  market  obtained 
from Eurostat and, concerning the other Union producers, from estimations based on 
the review request. 

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(45)  Union consumption of the product under investigation increased between 2006 and the 
RIP by 11 %. In detail, the apparent demand grew in 2007 by 8 %, decreased slightly 
between 2007 and 2008 (by 2 percentage points) and increased by further 5 percentage 
points between 2008 and the RIP. 

Table 1 

2006 

2007 

2008 

RIP 

Total EU consumption (tonnes) 

2.709.400 

2.936.279 

2.868.775 

2.996.698 

Index (2006=100) 

100 

108 

106 

111 

Source: questionnaire replies, Eurostat data and review request  

2. 

Volume,  market  share  and  prices  of  imports  from  the  People's  Republic  of 
China 

(46)  The  volume  of  dumped  imports  of  the  product  concerned  into  the  EU  remained 
relatively low and even decreased in the period considered. It reached 13.483 tonnes in 
the RIP, corresponding to a market share of 0,4 %. Prices of Chinese imports remained 
stable  between  2006  and  2008  and  then  sharply  decreased  to  897  EUR  per  tonne  at 
CIF level in the RIP, i.e. by 12 percentage points in relation to prices during 2008. 

Table 2 

2006 

2007 

2008 

RIP 

Volume  of  imports  from  the 
PRC (tonnes) 

16.425 

20.159 

18.001 

13.483 

Index (2006=100) 

100 

123 

110 

82 

Market share of imports from 
the PRC 

0,6% 

Price of imports (EUR/tonne) 

1.011 

Index (2006=100) 

100 

Source: Eurostat  

3. 

Imports from other third countries 

0,7% 

1.008 

100 

0,6% 

1.020 

101 

0,4% 

897 

89 

(a) 

Imports from Iran, Pakistan and the United Arab Emirates 

(47)  As  mentioned  above,  in  recitals  (6)  et  seq.,  an  anti-dumping  and  an  anti-subsidy 
proceeding  concerning  imports  of  PET  from  Iran,  Pakistan  and  the  United  Arab 
Emirates were conducted in parallel to the current review. 

(48)  The volume of imports from Iran, Pakistan and the United Arab Emirates into the EU 
increased  significantly  in  the  period  considered  and  reached  304.202  tonnes  in  the 
RIP,  corresponding  to  a  market  share  of  10,2  %.  Prices  of  these  imports  were  even 
lower than the prices of imports from the PRC. 

Table 3 

2006 

2007 

2008 

RIP 

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Volume of imports from Iran, 
Pakistan and the United Arab 
Emirates (tonnes) 

55.939 

67.067 

218.248 

304.202 

Index (2006=100) 

100 

120 

390 

544 

Market share of imports from 
Iran,  Pakistan  and  the  United 
Arab Emirates 

2,1% 

Price of imports (EUR/tonne) 

1.030 

Source: Eurostat  

(b) 

Imports from the Republic of Korea 

2,3% 

1.023 

7,6% 

10,2% 

1.015 

882 

(49)  The  Republic  of  Korea  is  subject  to  anti-dumping  duties  since  2000.  However,  two 
Korean  companies  are  subject  to  a  zero  anti-dumping  duty  and  the  investigation 
established  that  imports  from  the  Republic  of  Korea  remain  at  a  high  level  and 
increased  significantly  in  the  period  considered.  The  Korean  imports  increased  by 
almost  150  %  between  2006  and  the  RIP  and  their  corresponding  market  share 
increased from 3,5 % in 2006 to 7,7 % in the RIP. 

Table 4 

2006 

2007 

2008 

RIP 

Volume  of  imports  from 
South Korea (tonnes) 

94.023 

130.994 

177.341 

231.107 

Index (2006=100) 

100 

139 

189 

246 

Market  share  of  imports 
from South Korea 

3,5% 

4,5% 

6,2% 

Price of imports (EUR/ton) 

1.084  

1.071  

1.063  

7,7% 

914  

Source: Eurostat 

(50)  The  average  price  of  the  Korean  imports  remained  in  general  slightly  below  the 
average prices of the Union producers. However, the Korean prices were higher than 
the average prices from the PRC. 

(c) Imports from other third countries not mentioned above 

(51)  The volume of imports from other third countries of the product concerned into the EU 
increased  slightly  in  the  period  considered  and  reached  428.396  tonnes  in  the  RIP, 
corresponding to a market share of 14,3 %. Prices of these imports are relatively high 
and  above  the  respective  prices  from  the  PRC  and  the  countries  in  the  parallel 
investigations, as well as above the average level of prices of the Union industry. 

Table 5 

Volume of imports from other 

337.036 

407.253 

344.626 

428.396 

2006 

2007 

2008 

RIP 

EN 

11 

   EN 

 
 
third countries (tonnes) 

Index (2006=100) 

100 

121 

102 

127 

Market share of imports from 
other third countries 

12,4% 

13,9% 

12,0% 

14,3% 

Price of imports (EUR/ton) 

1.159 

1.127 

1.135 

978 

Source: Eurostat  

(52) 

It can be concluded from the above that the imports from the other third countries did 
not have any negative bearing on the situation of the Union industry. 

4. 

Economic situation of the Union industry 

(53)  Pursuant  to  Article  3(5)  of  the  basic  Regulation  all  economic  factors  and  indices 
having a bearing on the state of the Union industry during the period considered have 
been examined. 

4.1.  Macroeconomic elements 

(a)  Production 

(54)  The Union production decreased by 4 % between 2006 and the RIP. More specifically, 
it  increased  by  5  %  in  2007  to  around  2.570.000  tonnes,  but  sharply  decreased  by 
10 percentage points in 2008 compared to 2007 and slightly increased by 1 percentage 
point between 2008 and the RIP, when it reached around 2.300.000 tonnes. 

Table 6 

2006 

2007 

2008 

RIP 

Production (tonnes) 

2.439.838 

2.570.198 

2.327.169 

2.338.577 

Index (2006=100) 

100 

105 

95 

96 

Source: questionnaire replies and review request  

(b)  Production capacity and capacity utilisation  

(55)  The  production  capacity  of  the  Union  producers  increased  by  15  %  throughout  the 
period considered. Specifically, it increased by 1 % in 2007, by further 5 percentage 
points in 2008 and by even further 9 percentage points in the RIP. 

Table 7 

2006 

2007 

2008 

RIP 

Production capacity (tonnes) 

2.954.089 

2.971.034 

3.118.060 

3.385.738 

Index (2006=100) 

Capacity utilisation 

Index (2006=100) 

100 

83% 

100 

101 

87% 

105 

106 

75% 

90 

115 

69% 

84 

Source: questionnaire replies and review request  

EN 

12 

   EN 

 
 
(56)  Capacity utilisation was 83 % in 2006, increased to 87 % in 2007 but later dropped to 
75 % in 2008 and to only 69 % in the RIP. The dropping utilisation rate in 2008 and 
the  RIP  reflected  the  decreased  production  and  increased  production  capacity  in  this 
period. 

(c) 

Sales volume  

(57)  The  sales  volume  of  the  Union  producers  to  unrelated  customers  on  the  EU  market 
modestly decreased in the period considered. The sales increased by 5 % in 2007, but 
in the following year decreased slightly below the 2006 level, and in the RIP they were 
3 %  lower  that  in  2006,  at  around  2.100.000  tonnes.  Given  the  limited  volume  of 
stocks, the development of sales closely reflects the development in the production. 

Table 8 

2006 

2007 

2008 

RIP 

EU sales (tonnes) 

2.202.265 

2.318.567 

2.171.203 

2.133.787 

Index (2006=100) 

100 

105 

99 

97 

Source: questionnaire replies and review request  

(d)  Market share 

(58)  During the period considered, the Union producers lost 10 percentage points of market 
share,  which  decreased  from  85  %  in  2006  to  75  %  in  the  RIP.  This  loss  of  market 
share  reflects  the  fact  that,  despite  an  increase  in  consumption,  the  Union  industry's 
sales  dropped  by  3  %  in  the  period  considered.  It  is  noted  that  this  decreasing  trend 
was also found for the sampled Union producers. 

Table 9 

2006 

2007 

2008 

RIP 

Market share of the Union 
producers 

84,9% 

83,2% 

79,8% 

75,1% 

Index (2006=100) 

100 

98 

94 

88 

Source: questionnaire replies, review request and Eurostat  

(e)  Growth 

(59)  Between  2006  and  the  RIP,  whilst  the  Union  consumption  increased  by  11  %,  the 
volume of sales by the Union producers on the EU market decreased by 3 %, and the 
Union producers' market share decreased by 10 percentage points. It is thus concluded 
that the Union producers could not benefit from any growth of the market. 

(f)  Employment 

(60)  The  employment  level  of  the  Union  producers  shows  a  decrease  of  15  %  between 
2006  and  the  RIP.  More  specifically,  the  number  of  people  employed  decreased 
significantly from 2.400 in 2006 to 2.100 in 2007 or by 13 % and remained close to 
this level in 2008 and in the RIP. The drop in 2007 is a reflection of the restructuring 
efforts by a number of EU producers. 

Table 10 

EN 

13 

   EN 

 
 
Employment (persons) 

Index (2006=100) 

2006 

2.410 

100 

2007 

2.100 

87 

2008 

2.060 

85 

RIP 

2.057 

85 

Source: questionnaire replies and review request  

(g)  Productivity  

(61)  Productivity  of  the  Union  producers'  workforce,  measured  as  output  (tonnes)  per 
person employed per  year, increased  by  12  %  in the period considered. This reflects 
the fact that production decreased at a lower pace than the employment level and is an 
indication of increased efficiency by the Union producers. This is particularly obvious 
in  2007  when  production  increased  while  the  employment  level  decreased  and  the 
productivity was 21 % higher than in 2006. 

Table 11 

2006 

Productivity (tonnes per employee) 

1.013 

Index (2006=100) 

100 

Source: questionnaire replies and review request  

(h)  Factors affecting sales prices 

2007 

1.224 

121 

2008 

1.130 

112 

RIP 

1.137 

112 

(62)  The annual average sales prices of the Union producers on the EU market to unrelated 
customers remained stable between 2006 and 2008 at around 1.100 EUR per tonne. In 
the  RIP  the  annual  average  sale  price  decreased  by  12  %  and  reached  977  EUR  per 
tonne. The annual average sales price does not reflect the monthly or even daily price 
fluctuations  of  the  PET  on  the  European  (and  world)  market,  but  is  considered 
sufficient  to  show  the  trend  during  the  period  considered.  The  sales  prices  of  PET 
normally follow the price trends of its main raw materials (mainly purified terephthalic 
acid  -  PTA  -  and  monoethylene  glycol  -  MEG)  as  they  constitute  up  to  80  %  of  the 
total cost of PET. 

Table 12 

2006 

Unit price EU market (EUR/ton) 

1.110 

Index (2006=100) 

100 

Source: questionnaire replies and review request  

2007 

1.105 

100 

2008 

1.111 

100 

RIP 

977 

88 

(i)  Magnitude of the dumping margin and recovery from past dumping 

(63) 

It is recalled that due to the currently very low import volumes of PET from the PRC, 
no dumping calculation was carried out. However, as stated in recital (39), a likelihood 
of recurrence of dumping was established based on prices to third countries and excess 
capacity. As regards recovery from past dumping, it is important to recall that after the 
imposition of definitive anti-dumping measures on imports from the PRC, the Union 
industry  was  faced  with  subsidised  imports  from  Iran,  Pakistan  and  the  United  Arab 

EN 

14 

   EN 

 
 
 
Emirates,  leading  to  the  imposition  of  provisional  countervailing  measures  in  June 
201011. Thus, no actual recovery from the past dumping could be established and it is 
considered  that  the  Union  industry  remains  vulnerable  to  the  injurious  effect  of  any 
dumped imports in the Union market. 

4.2.  Microeconomic elements 

(a) 

Stocks 

(64)  The level of closing stocks of the sampled producers decreased between 2006 and the 
RIP  by  22  %.  It  is  noted  that  the  stocks  represent  less  than  5  %  of  the  annual 
production  and  therefore  the  relevance  of  this  indicator  in  the  injury  analysis  is 
limited. 

Table 13 

Sample 

2006 

2007 

2008 

RIP 

Closing stock (tonnes) 

61.374 

57.920 

46.951 

47.582 

Index (2006=100) 

100 

94 

77 

78 

Source: questionnaire replies 

(b)  Wages  

(65)  The annual labour cost increased by 11 % between 2006 and 2007, before decreasing 
by 2 percentage points in 2008 compared to 2007 and further 9 percentage points in 
the  RIP  compared  to  2008  reaching  the  same  level  as  in  2006.  Overall,  labour  costs 
thus remained stable. 

Table 14 

Sample 

2006 

2007 

2008 

RIP 

Annual labour cost (EUR) 

27.671.771 

30.818.299 

30.077.380 

27.723.396 

Index (2006=100) 

100 

111 

109 

100 

Source: questionnaire replies 

(c)  Profitability and return on investments 

(66)  During the period considered, the profitability of the sampled producers' sales of the 
like product on the EU market to unrelated customers, expressed as a percentage of net 
sales, remained negative and even dropped from -6,9 % to -7,5 %. More specifically, 
the  situation  with  regard  to  profitability  of  the  sampled  producers  improved  in  2007 
when  net  losses  accounted  only  -1,5  %  of  net  sales,  but  losses  increased  sharply  in 
2008 to -9,3 %. The situation slightly improved in the RIP. 

Table 15 

Sample 

Profitability of EU (% of net 

11 

OJ L 134, 1.6.2010, p. 25. 

2006 

-6,9% 

2007 

-1,5% 

2008 

-9,3% 

RIP 

-7,5% 

EN 

15 

   EN 

                                                 
sales) 

Index (2006=-100) 

-100

-22

-134 

-108

ROI (profit in % of net book 
value of investments) 

-9,6% 

-3,1% 

-16,8% 

-12,3% 

Index (2006=-100) 

-100

-32

-175 

-127

Source: questionnaire replies 

(67)  The return on investments (‘ROI’), expressed as the profit in percent of the net book 
value of investments, broadly followed the profitability trend. It increased from a level 
of  -9,6  %  in  2006  to  -3,1  % in  2007.  It  decreased  to -16,8  %  in  2008  and  increased 
again in the RIP to -12,3 %. Overall, the return on investments remained negative and 
deteriorated by 2,7 percentage points over the period considered. 

(d)  Cash flow and ability to raise capital 

(68)  The  net  cash  flow  from  operating  activities  was  negative  at  -18,5  million  EUR  in 
2006. It improved significantly in 2007 when it became positive at 19,5 million EUR, 
but deteriorated massively in 2008 (-42 million EUR) before reaching the negative -11 
million  EUR  in  the  RIP.  Overall,  cash  flow  improved  in  the  period  considered 
although it remained negative. 

(69)  There  were  no  indications  that  the  Union  industry  encountered  difficulties  in  raising 
capital,  mainly  due  to  the  fact  that  some  of  the  producers  are  incorporated  in  larger 
groups.  

Table 16 

Sample 

2006 

2007 

2008 

RIP 

Cash flow (EUR) 

-18.453.130 

19.478.426 

-42.321.103 

-11.038.129 

Index (2006=100) 

-100

206

-229 

-60

Source: questionnaire replies 

(e) 

Investments  

(70)  The  sampled  companies'  annual  investments  in  the  production  of  the  like  product 
decreased by 34 % between 2006 and 2007, by a further 59 percentage points between 
2007  and  2008  and  then  it  slightly  decreased  in  the  RIP  compared  to  2008.  Overall, 
investments  decreased  by  96  %  in  the  period  considered.  This  sharp  drop  in 
investments  can  be  partially  explained  by  the  fact  that  in  2006  and  2007  new 
production lines were acquired aiming at increasing capacity. 

Table 17 

Sample 

2006 

2007 

2008 

RIP 

Net investments (EUR) 

98.398.284 

64.607.801 

6.537.577 

4.298.208 

Index (2006=100) 

100 

66 

7 

4 

Source: questionnaire replies 

EN 

16 

   EN 

(71)  The  low  level  of  investment  in  2008  and  the  RIP  is  considered  to  be  a  result  of  the 

current vulnerable financial situation of the Union industry. 

5. 

Conclusion on the situation of the Union industry 

(72)  The  analysis  of  the  macroeconomic  data  shows  that  the  Union  producers  decreased 
their  production  and  sales  during  the  period  considered.  Although  the  observed 
decrease  was  not  dramatic  as  such,  it  needs  to  be  seen  in  the  context  of  increased 
demand  between  2006  and  the  RIP,  which  resulted  in  the  Union  producers'  market 
share dropping by 10 percentage points to 75 %. 

(73)  At the same time the relevant microeconomic indicators show a clear deterioration of 
the economic situation of the sampled Union producers. The profitability and return on 
investment remained negative and they overall declined further between 2006 and the 
RIP. The cash flow, despite an overall positive development, also remained negative 
in the RIP. 

(74) 

In the light of the foregoing, it is concluded that the Union industry has continued to 
suffer material injury within the meaning of Article 3(5) of the basic Regulation and 
that  its  situation  is  very  fragile  and  vulnerable  and  far  from  the  levels  that  could  be 
expected had it recovered from the injury found in the original investigation. 

F. 

LIKELIHOOD OF CONTINUATION OF INJURY 

1. 

Impact of the projected volume of imports and price effects in case of repeal of 
measures 

(75)  As  concluded  in  recital  (38)  above,  the  exporting  producers  in  the  PRC  have 
significant spare capacities and a clear potential to increase their export volumes to the 
Union market. 

(76)  The CIF export prices to third countries of PET originating in the PRC were lower than the 
average  prices  of  the  Union  industry  in  the  RIP.  It  is  noted  that  the  difference  was  not 
significant and given that these imports are subject to a conventional customs duty and some 
post  importation  charges,  they  would  have  not  undercut  the  Union  industry's  prices 
prevailing in the RIP. However, it must be stressed that the information from the parallel 
anti-subsidy proceeding mentioned in recital (6) shows that the prices of the Union industry 
in the RIP were significantly depressed by the subsidised imports from Iran, Pakistan and 
the UAE. Thus, the fact that there was no actual undercutting during the RIP does not mean 
that should imports from the PRC resume, their price levels would not be injurious. 

(77) 

Indeed, a comparison of the actual import prices from the PRC with the non-injurious price 
level  showed  that  imports  from  the  PRC  would  undersell  the  (non-injurious)  Union 
industry's  prices.  Consequently,  in  the  absence  of  anti-dumping  duties  on  imports 
originating in the PRC, any increased volumes of likely dumped imports from the PRC 
would exercise an even stronger price pressure on the Union industry and cause injury. 

(78)  Furthermore, given the existing spare capacities for PET in the PRC, combined with 
the  fact  that  the  exporters  in  the  PRC  would  in  all  likelihood  try  to  regain  their  lost 
market  shares,  a  repeal  of  measures  would  in  all  likelihood  result  in  lower  export 
prices.  This  would  reinforce  the  price  pressure  with  an  expected  further  negative 
impact  on  the  already  vulnerable  and  materially  injured  situation  of  the  Union 
industry. 

(79)  Although  the  effect  of  imports  from  the  PRC  on  the  current  precarious  state  of  the 
Union  industry  was  limited  due  to  the  low  levels  of  imports  during  the  period 
considered, this would in all likelihood change, should measures be repealed. Indeed, 

EN 

17 

   EN 

if  the  measures  were  repealed  and  the  Union  industry  was  exposed  to  increased 
volumes of imports from the country concerned at dumped prices, this would result in 
further deterioration of its already precarious financial situation and further losses. 

2. 

Conclusion on the continuation / recurrence of injury 

(80)  On this basis, it is concluded that the repeal of measures against the PRC would in all 

likelihood result in the continuation of injury to the Union industry. 

G. 

UNION INTEREST 

(81) 

(82) 

In  accordance  with  Article  21  of  the  basic  Regulation,  it  was  examined  whether  the 
maintenance  of  the  existing  anti-dumping  measures  would  be  against  the  interest  of  the 
Union  as  a  whole.  The  determination  of  the  Union  interest  was  based  on  an 
appreciation of all the various interests involved. All interested parties were given the 
opportunity  to  make  their  views  known  pursuant  to  Article  21(2)  of  the  basic 
Regulation. 

It  should  be  recalled  that,  in  the  original  investigation,  the  adoption  of  measures  was 
considered not to be against the interest of the Union. Furthermore, the fact that the present 
investigation is a review, thus analysing a situation in which anti-dumping measures have 
already been in place, allows the assessment of any undue negative impact on the parties 
concerned by the current anti-dumping measures. 

(83)  On this basis, it was examined whether, despite the conclusions on the likelihood of a 
continuation  or  recurrence  of  injurious  dumping,  compelling  reasons  existed  which 
would lead to the conclusion that it is not in the Union interest to maintain measures in 
this particular case. 

1. 

Interest of the Union industry and other Union producers 

(84)  The  continuation  of  the  anti-dumping  measures  on  imports  from  the  country  concerned 
would  enhance  the  possibility  for  the  Union  industry  to  reach  a  reasonable  level  of 
profitability, as it would help avoiding that the Union industry is pushed out of the market 
by  substantial  volumes  of  dumped  imports  from  the  PRC.  Indeed,  there  is  a  clear 
likelihood of injurious dumping in substantial volumes which the Union industry could 
not  withstand.  The  Union  industry  would  therefore  continue  to  benefit  from  the 
maintenance of the current anti-dumping measures. 

(85)  Accordingly,  it  is  concluded  that  the  maintenance  of  anti-dumping  measures  against 
the  PRC  would  clearly  be  in  the  interest  of  the  Union  industry  and  other  Union 
producers. 

2. 

Interest of unrelated importers in the Union 

(86)  As  indicated  above,  only  one  importing  agent  submitted  some  information  in  the 
sampling  exercise.  This  agent  strongly  opposed  any  continuation  of  the  measures 
although it declared no imports from the PRC. Consequently, it is concluded that the 
maintenance of measures against imports from the PRC will not have any significant 
impact on the performance of this agent. 

(87)  No  other  importer  submitted  relevant  information.  Given  that  imports  from  other 
countries  where  there  are  currently  anti-dumping  measures  in  force  did  not  stop  and 
that  imports  are  available  from  countries  without  any  anti-dumping  measures  (e.g. 
Oman, USA, Brazil), it is considered that importers could continue to source from the 
alternative sources of supply. 

EN 

18 

   EN 

(88)  Bearing  in  mind  that  there  is  no  evidence  suggesting  that  the  measures  in  force 
considerably affected importers, it is concluded that the continuation of measures will 
not affect the EU importers to any significant extent. 

3. 

Interest of the raw material suppliers in the Union 

(89)  Three  raw  material  suppliers  (two  of  PTA  and  one  of  MEG)  cooperated  with  the 
investigation by submitting the questionnaire reply within the set time limit. The staff 
employed  in  their European facilities and involved in the production of PTA /  MEG 
was around 700. 

(90)  The cooperating PTA producers represent around 50 % of the PTA purchases of the 
sampled  Union  producers.  PTA  producers  are  heavily  dependant  on  the  state  of  the 
PET  producers  that  constitute  their  major  clients.  Low  prices  of  PET  translate  into 
lower  prices  of  PTA  and  lower  margins  for  the  PTA  producers.  Consequently,  it  is 
considered  that  the  imposition  of  measures  on  the  dumped  imports  of  PET  would 
benefit the PTA producers. 

(91)  For  the  cooperating  MEG  supplier,  MEG  represents  less  than  10  %  of  its  total 
turnover. It is noted that with regard to MEG, PET is not its only or even the major 
possible  application  and  MEG  producers  are  less  dependent  on  the  situation  of  the 
PET industry. Nonetheless, the difficulties of the PET industry may have some limited 
impact on the suppliers of MEG, at least in a short to medium term. 

(92)  Given  the  above,  it  is  concluded  that  continuation  of  measures  against  imports  from 

the PRC would be in the interest of raw material suppliers. 

4. 

Interest of the users 

(93)  PET subject to this proceeding (i.e. with the viscosity number of 78 ml/g or higher, so 
called 'bottle grade') is mostly used to produce bottles for water and other drinks. Its 
use for the production of other packages (solid foodstuff or detergents) and to produce 
sheet is developing, but it remains relatively limited. Bottles of PET are produced in 
two stages: (i) first a pre-form is made by mould injection of PET and (ii) later the pre-
form is heated and blown into a bottle. Bottle making can be an integrated process (i.e. 
the  same  company  buys  PET,  produces  a  pre-form  and  blows  it  into  the  bottle)  or 
limited  to  the  second  stage  (blowing  the  pre-form  into  a  bottle).  Pre-forms  can  be 
relatively  easily  transported  as  they  are  small  and  dense,  while  empty  bottles  are 
instable and due to their size very expensive to transport. 

(94)  PET  bottles  are  filled  with  water  and/or  other  beverages  by  the  bottling  companies 
('bottlers'). The bottling companies are often involved in the PET business either via 
integrated  bottle  making  operations  or  via  tolling  agreements  with  subcontracted 
converters  and/or  bottle  makers  for  whom  they  negotiate  the  PET  price  with  the 
producer (soft tolling) or even buy the PET for their own bottles (hard tolling). 

(95)  Consequently, two groups of users may be distinguished: 

– 

– 

converters  and/or  bottle  makers  –  that  buy  PET  directly  from  producers, 
convert  it  into  pre-forms  (or  bottles)  and  sell  it  further  for  downstream 
processing (or filling), and 

bottlers – that buy PET for their subcontracting bottle makers/converters (hard 
tolling)  or  negotiate  the  price  for  which  the  subcontracted  converter  and/or 
bottle maker will get the PET (soft tolling). 

EN 

19 

   EN 

(96)  Over  70  users  have  been  contacted  in  this  investigation,  but  only  seven  of  them 

(converters and bottlers) decided to cooperate by filling in a questionnaire. 

(97) 

It has been established that the co-operating users imported only negligible quantities 
of  PET  from  the  country  concerned  and  sourced  it  predominantly  from  the  Union 
producers and/or from other countries. 

(98)  Given that alternative sources of supply continue to exist and that currently the users 
imported  only  very  limited  volumes  of  the  product  concerned  from  the  PRC,  it  is 
concluded  that  the  continuation  of  measures  against  imports  from  the  PRC  will  not 
have any significant negative effect on the users in the Union. 

(99)  Following  disclosure  of  the  essential  facts  and  considerations on the  basis of which it 
was  intended  to  recommend  that  the  existing  measures  be  maintained  some  interested 
parties, in particular users, submitted their comments. 

(100)  The  Union  producers  that  requested  the  review  basically  agreed  with  the  findings  of 
the  investigation  and  in  particular  with  the  conclusions  with  regard  to  the  Union 
interest. 

(101)  On  the  other  hand  seven  users  and  one  association  of  users  expressed  their  strong 
opposition  against  the  re-imposition  of  the  current  anti-duming  measures,  claiming 
that  the  Commission's  findings  with  regard  to  the  Union  interest  display  serious 
deficiencies and inaccuracies; however, without substantiating their claims any further. 

(102)  Given the lack of any evidence that would support the claims with respect to alledged 
inaccuracy of the Commission's findings, these claims are rejected as unfunded. 

(103)  Following  the  disclosure  the  co-operating  importing  agent  also  strongly  opposed  the 

re-imposition of measures. 

(104)  This  party  claimed  that  the  Commission  failed  to  properly  take  into  account  the 
interest  of  the  PET  users'  industry,  that  would  allegedly  suffer  from  any  PET  price 
increase as they would not be in a position to pass forward any cost increase. 

(105)  It is noted in this regard that this interested party failed to demonstrate how in practice 
the maintainance of already existing measures could lead to any increase of the PET 
price on the EU market and to what extent. 

(106)  It  is  also  reiterated  that  given  the  relatively  low  co-operation  of  users  in  this 
investigation, there is no information on the file that would show that the continuation 
of measures would have disproportionate effects on users. 

(107)  Consequently, based on the information available, it is considered that maintaining the 
measures  will  not  have  any  disproportionate  negative  effects  on  the  level  of  PET 
prices  in  the  EU  and  thus  the  claim  regarding  the  negative  impact  on  users  as 
presented by the importing agent is rejected. 

(108)  The same interested party claims that the Commission failed to examine the impact of 
the  continuation  of  current  measures  on  PET  packaging  companies  and  that 
consequently the Union interest analysis in incomplete and incorrect. 

(109)  It  is  reiterated  in  this  regard  that  following  the  initiation  of  this  review  only  seven 
users came forward and the information available in the framework of this proceeding 
did not allow for the analysis of the interest of this sub-group of users in the Union. 

EN 

20 

   EN 

(110)  The comments submitted after the disclosure including the comments from packaging 
companies were (as indicated above in recitals (101) and (102)) not substantiated and 
could not be used for a more exhaustive analysis concerning the packaging industry.  

5.  Conclusion on Union interest 

(111)  Taking  into  account  all  of  the  factors  outlined  above,  it  is  concluded  that  there  are  no 
compelling reasons against the maintenance of the current anti-dumping measures. 

H. 

ANTI-DUMPING MEASURES 

(112)  All parties were informed of the essential facts and considerations on the basis of which 
it was intended to recommend that the existing measures be maintained.  They  were also 
granted  a  period  within  which  they  could  make  representations  subsequent  to  this 
disclosure. The submissions and comments were duly taken into consideration where 
warranted. 

(113)  It  follows  from  the  above  that,  as  provided  for  by  Article  11(2)  of  the  basic 
Regulation, the anti-dumping measures applicable to imports of PET originating in the 
PRC should be maintained. It is recalled that these measures consist of specific duties. 

(114)  The  individual  company  anti-dumping  duty  rates  specified  in  this  Regulation  are 
solely  applicable  to  imports  of  the  product  concerned  produced  by  these  companies 
and  thus  by  the  specific  legal  entities  mentioned.  Imports  of  the  product  concerned 
manufactured by any other company not specifically mentioned in the operative part 
of  this  Regulation  with  its  name  and  address,  including  entities  related  to  those 
specifically mentioned, cannot benefit from these rates and shall be subject to the duty 
rate applicable to 'all other companies'. 

(115)  Any claim requesting the application of these individual anti-dumping duty rates (e.g. 
following  a  change  in  the  name  of  the  entity  or  following  the  setting  up  of  new 
production or sales entities) should be addressed to the Commission12 forthwith with 
all  relevant  information,  in  particular  any  modification  in  the  company’s  activities 
linked  to  production,  domestic  and  export  sales  associated  with,  for  instance,  that 
name  change  or  that  change  in  the  production  and  sales  entities.  If  appropriate,  the 
Regulation  will  then  be  accordingly  amended  by  updating  the  list  of  companies 
benefiting from individual duty rates, 

HAS ADOPTED THIS REGULATION: 

Article 1 

(1) 

(2) 

A  definitive  anti-dumping  duty  is  hereby  imposed  on  imports  of  polyethylene 
terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO 
Standard 1628-5, currently falling within CN code 3907 60 20 and originating in the 
People's Republic of China. 

The rate of the anti-dumping duty applicable to the net, free-at-Union frontier price, 
before  duty,  for  the  products  described  in  paragraph  1  and  manufactured  by  the 
companies listed below shall be as follows: 

Country 

Company 

Anti-dumping duty
(EUR/t) 

TARIC additional 
code 

12 

European Commission, Directorate-General for Trade, Directorate H, NERV-105, B-1049 Brussels. 

EN 

21 

   EN 

                                                 
PRC 

Sinopec  Yizheng  Chemical  Fibre
Company Ltd, 

Changzhou Worldbest Radici Co. Ltd,

Jiangyin Xingye Plastic Co. Ltd, 

Far Eastern Industries Shanghai Ltd, 

Yuhua Polyester Co. Ltd. of Zhuhai, 

Jiangyin  Chengsheng  New  Packing
Material Co., Ltd 

Guangdong 
Polyester
Kaiping 
Enterprises Group Co. and Guangdong 
Kaiping Chunhui Co. Ltd. 

Yibin Wuliangye Group Push Co., Ltd.
(Sichuan) and Yibin Wuliangye Group
Import & Export Co., Ltd. (Sichuan) 

Hubei  Changfeng  Chemical  Fibres
Industry Co. Ltd 

All other companies 

184 

0 

157 

22 

184 

45 

A505 

A506 

A507 

A508 

A509 

A510 

184  

A511 

184 

A512 

151 

184 

A513 

A999 

(3) 

In  cases  where  goods  have  been  damaged  before  entry  into  free  circulation  and, 
therefore, the price actually paid or payable is apportioned for the determination of 
the  customs  value  pursuant  to  Article  145  of  Commission  Regulation  (EEC)  No 
2454/93  of  2  July  1993  laying  down  provisions  for  the  implementation  of  Council 
Regulation  (EEC)  No  2913/92  establishing  the  Common  Customs  Code13,  the 
amount of anti-dumping duty, calculated on the basis of paragraph 2 above, shall be 
reduced by a percentage which corresponds to the apportioning of the price actually 
paid or payable. 

(4) 

Unless  otherwise  specified,  the  provisions  in  force  concerning  customs  duties  shall 
apply. 

13 

OJ L 253, 11.10.1993, p. 1. 

EN 

22 

   EN 

 
                                                 
Article 2 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  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,  

For the Council 
The President 

EN 

23 

   EN