Proposal for a COUNCIL REGULATION terminating the anti-dumping proceeding on imports of polyester staple fibres originating in the People's Republic of China
Date: 2011-05-11
Institutions: European Commission
Subjects: China, anti-dumping legislation, import (EU), originating product, polymer

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EUROPEAN COMMISSION 

Brussels, 11.5.2011 
COM(2011) 261 final 

2011/0115 (NLE) 

Proposal for a 

COUNCIL REGULATION 

terminating the anti-dumping proceeding on imports of polyester staple fibres 
originating in the People's Republic of China  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  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  proceeding 
concerning imports of polyester staple fibres originating in the People's Republic of 
China. 

•  General context 

This proposal is made in the context of the 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 

•  Council Regulation (EC) No 428/20051 of 10 March 2005 imposing a definitive 
anti-dumping duty on imports of polyester staple fibres originating in the People's 
Republic  of  China  and  Saudi  Arabia,  amending  Regulation  (EC)  No  2852/2000 
imposing  a  definitive  anti-dumping  duty  on  imports  of  polyester  staple  fibres 
originating in the Republic of Korea and terminating the anti-dumping proceeding 
in respect of such imports originating in Taiwan.  

•  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. 

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OJ L 71, 17.03.2005, p.1. 

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The basic Regulation does not contain provisions 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 16 March 2010, the Commission announced the initiation of an expiry review of 
the  anti-dumping  measures  applicable  to  imports  of  polyester  staple  fibres  ('PSF') 
originating in the People's Republic of China. 

The  review  was  initiated  following  a  substantiated  request  lodged  by  the  European 
Man-made  Fibres  Association  ('CIRFS')  ('the  applicant')  on  behalf  of  producers 
representing a major proportion, in this case more than 25% of the Union production 
of PSF. 

The  purpose  of  this  investigation  was  to  examine  whether  the  expiry  of  measures 
would be likely to result in a recurrence of dumping and recurrence of injury to the 
Union industry. 

In the course of the investigation, the applicant formally withdrew its request for an 
expiry review.  

Following this withdrawal, the Commission has not identified arguments suggesting 
that  Union  interest  might  justify  pursuing  the  review  investigation  and  therefore 
suggests terminating the investigation and repealing the measures. 

It  is  therefore  proposed  that  the  Council  adopts  the  attached  proposal  for  a 
Regulation which should be published in the Official Journal of the European Union 
at the earliest opportunity and in any event no later than 14 June 2011. 

•  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. 

•  Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  European  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. 

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•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason:  

The basic Regulation does not provide for alternative options. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

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2011/0115 (NLE) 

Proposal for a 

COUNCIL REGULATION  

terminating the anti-dumping proceeding on imports of polyester staple fibres 
originating in the People's Republic of China  

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 Community2 ('the basic 
Regulation') and in particular Articles 9 and 11(2), (5) and (6) thereof, 

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

Whereas: 

1. 

PROCEDURE 

1.1.  Measures in force 

Following  an  anti-dumping  investigation  carried  out  pursuant  to  Article  5  of  the  basic 
Regulation,  the  Council,  by  Regulation  (EC)  No  428/20053,  imposed  a  definitive  anti-
dumping  duty  on  imports  of  polyester  staple  fibres  ('PSF')  originating  in  the  People’s 
Republic  of  China  (‘PRC’).  The  rate  of  the  anti-dumping  duty  ranged  between  4.9%  and 
49.7% depending on the manufacturer of the product concerned. 

1.2. 

Request for review 

Following the publication of a notice of impending expiry4 of the anti-dumping measures in 
force on imports of PSF originating in the People's Republic of China, the Commission has 
received  on  14  December  2009  a  request  for  review  pursuant  to  Article  11(2)  of  the  basic 
Regulation. 

The  request  was  lodged  by  the  European  Man-made  Fibres  Association  ('CIRFS')  ('the 
applicant')  on  behalf  of  Union  producers  representing  a  major  proportion,  in  this  case  more 
than 25% of the Union production of PSF. 

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OJ L 343, 22.12.2009, p. 51. 
OJ L 71, 17.03.2005, p.1. 
OJ C 249, 17.10.2009, p. 19. 

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The request contained prima facie evidence showing that the expiry of the measures would be 
likely to result in a recurrence of dumping and injury to the Union industry. 

1.3. 

Initiation 

Accordingly, the Commission, after consultation of the Advisory Committee, announced, by a 
notice published in the Official Journal of the European Union5 , the initiation of an expiry 
review  proceeding  concerning  imports  into  the  European  Union  of  PSF  originating  in  the 
People's Republic of China.  

The  Commission  officially  advised  the  exporting  producers,  importers  concerned,  the 
representatives  of  the  People's  Republic  of  China,  the  representative  users  and  the  Union 
producers  of  the  initiation  of  the  review  investigation.  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. 

2. 

WITHDRAWAL OF THE REQUEST 

By  a  letter  dated  7  March  2011  to  the  Commission,  the  applicant  formally  withdrew  its 
request.  

In accordance with Article 9(1) and Article 11(2) of the basic Regulation, a proceeding may 
be terminated where the request for review is withdrawn unless such a termination would not 
be in the Union interest. 

It was considered that the present proceeding should be terminated since the investigation had 
not  brought  to  light  any  considerations  showing  that  such  termination  would  not  be  in  the 
Union interest. Interested parties were informed accordingly and were given the opportunity 
to comment. However, no comments were received which could alter this consideration.  

It  was  therefore  concluded  that  the  anti-dumping  expiry  review  proceeding  concerning 
imports  into  the  Union  of  PSF  originating  in  the  People's  Republic  of  China  should  be 
terminated and the existing measures should be repealed.  

HAS ADOPTED THIS REGULATION: 

Article 1 

The  anti-dumping  measures  concerning  imports  of  synthetic  staple  fibres  of  polyesters,  not 
carded, combed or otherwise processed for spinning currently falling within CN codes 5503 
20  00  and  originating  in  the  People's  Republic  of  China,  are  hereby  repealed  and  the 
proceeding concerning these imports is terminated. 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2 

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OJ C 64. 16.3.2010, p. 10. 

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This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done in Brussels at […], 

For the Council 
The President 

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