Notice of initiation of a partial interim review of the countervailing measures applicable to imports of certain polyethylene terephthalate (PET) originating in India
Date: 2011-04-02
Institutions: European Commission
Subjects: India, countervailing charge, import, originating product, plastics








C_2011102EN.01001501.xml










2.4.2011   


EN


Official Journal of the European Union


C 102/15





Notice of initiation of a partial interim review of the countervailing measures applicable to imports of certain polyethylene terephthalate (PET) originating in India
2011/C 102/08
The European Commission (‘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 Dhunseri Petrochem & Tea Limited (‘the applicant’), an exporting producer from India.
The review 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) having a viscosity of 78 ml/g or higher, according to the ISO Standard 1628-5, currently falling within CN code 3907 60 20 and originating in India (‘the product concerned’).
3.   Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Regulation (EC) No 193/2007 (2) on imports of certain polyethylene terephthalate (PET) originating in India as amended by Council Regulation (EC) No 1286/2008 (3).
4.   Grounds for the review

The applicant has provided prima facie evidence that, as far as the applicant is concerned, the circumstances with regard to subsidisation on the basis of which measures were imposed have changed significantly and that these changes are of lasting nature.
The applicant alleges that the continued imposition of the measure on imports of the product under review at its current 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 overall subsidy level is mainly due to the termination of its Export Oriented Unit Status.
In the light of the above, the Commission considers that, as far as subsidisation of Dhunseri Petrochem & Tea 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 for the determination of subsidisation

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 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 point 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 point 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 37 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 37-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 labelled as ‘Limited’ (4) and, in accordance with Article 29(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: N105 04/092




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 shall 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 of 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 (5).
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 the 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 the Directorate-General for Trade (http://ec.europa.eu/trade).


(1)  OJ L 188, 18.7.2009, p. 93.

(2)  OJ L 59, 27.2.2007, p. 34.

(3)  OJ L 340, 19.12.2008, p. 1.

(4)  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.

(5)  OJ L 8, 12.1.2001, p. 1.