CELEX: 51981PC0486
Language: en
Date: 1981-08-17
Title: Proposal for a COUNCIL REGULATION (EEC) imposing a definitive anti-dumping duty on imports of certain textured polyester fabrics originating in the United States of America (submitted to the Council by the Commission)

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COM (81) 486
Vol. 1981/0147
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(81)486 final
                                                      Brüssels , 17 August 1981
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
 imposing a definitive anti-dumping duty on imports of certain textured
 polyester fabrics originating in the United States of America
                ( submitted to the Council by the Commission )
                                                            \
                                                               Λ
                                                                , 1
C0M(81 ) 486 final
                                                              ' 1
                                                              •7
                                                             .7
 ---pagebreak---                          EXPLANATORY MEMORANDUM
In May 1981 the Commission imposed a 384 provisional anti-dumping duty on
imports of certain textured polyester fabrics originating in the United
                       1
States of America .        However , the duty was limited to 30.8% in the case
of one exporter and to 3.9% for four others , while imports of products
manufactured and exported by a sixth company were wholly exempt from
the duty .
Since imposing the provisional duty , the Commission has received infor­
mation from certain exporters which have led it to reconsider the
conclusions concerning dumping by those companies set out in Regulation
( EEC ) No 1337 / 81 .   Moreover , another exporter made himself known and the
data concerning its exports indicate         that the average dumping margin is 3.9% .
The injury being caused to the Community industry consists inter . alia
of an increase in the market share          of      US manufacturers at the expense
of Community producers and a downward pressure on prices .
It is therefore proposed to impose a definitive anti-dumping duty of 38%
on imports of certain textured polyester' fabrics originating in the United
States of America .       It is further proposed to exempt from this duty the ,
exports of one company which were exempted when the provisional duty was
imposed , and those of two other companies and to limit the duty at the
rate of        30.8% on exports of a fourth company                and 3.9% on
the exports of three other exporters .         It is also proposed that the
amounts secured by way of                       provisional duty be now collected ,
albeit at a rate which does not exceed that of the definitive duty .
  Regulation ( EEC ) No 1337 / 81 , 0J No L 133 ^. 20.5.1981 , p . 17
 ---pagebreak---                PROPOSAL FOR COUNCIL REGULATION ( EEC )
 imposing a definitive anti-dumping duty on imports of certain textured
polyester fabrics originating in the United States of America
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) No 3017 / 79 of 20 December 1979
on protection against dumped or subsidized imports from countries not
                                                  1
members of the European Economic Community , and in particular Article 12
thereof ,
Having regard to the proposal submitted by the Commission after consultation
within the Advisory Committee set up under Article 6 of Regulation ( EEC )
No 3017 / 79 ,
                                                      2
Whereas Commission Regulation ( EEC ) No 1337/ 81       imposed a provisional
anti-dumping duty of 38% on imports of certain textured polyester fabrics
originating in the United States of America ; whereas the duty was ,
however , limited to 30.8% on imports of products manufactured and exported
by Frank Ix and Sons , New York , and to 3.9% on those manufactured and
exported by Texfi Industries , Inc ., Greensboro , North Carolina , Burlington -
Industries Inc ., Greensboro , North Carolina , Bloomsburg Mills , Inc ., New York ,
which also markets under the name of Penn Weaving , and Milliken and Co .,
Spartanburg , South Carolina ; whereas the duty does not apply to imports of
like products manufactured and exported by Greenwood Mills , Inc .,
Greenwood , South Carolina ;
Whereas , after the Commission had imposed the provisional anti-dumping duty ,
a number of exporters , i.e. Milliken and Co ., J P Stevens and Co ., Inc .,
Texfi Industries , Inc . and Burlington Industries Inc ., were , at their
request , informed orally or in writing of the principal facts and considerations
on the basis of which it was intended to recommend             a definitive decision/
             whereas certain exporters , i . e . Texfi Industries , Inc ., Burlington
Industries , Inc . and Bloomsburg Mills , Inc . - Penn Weaving, made their views
known ;
  OJ No L 339 , 31.12.1979 , p .  1
20J No L 133, 20.05.1981 , p . 17
 ---pagebreak---                                - 2 -
Whereas the particulars supplied to the Commission , with the exception of
those provided by Burlington Industries , Inc . and Texfi Industries , Inc .,
are nevertheless not such as to justify        alterations of the average
weighted dumping margins established in the course of the preliminary
investigation ; whereas such margins , with the exception of those relating
to Burlington Industries , Inc . and Texfi Industries , Inc ., are therefore
to be regarded as definitive ;                                     *
Whereas , however , the information supplied by Burlington Industries , Inc .
indicates that, owing to the incorrect assessment of certain transport costs
and general overheads borne by Burlington ( Ireland ) Ltd, the weighted average
dumping margin established for that company        when the provisional duty was
determined should be reduced and that the margin to be regarded as
definitive is 0.64% ; whereas , however , fresh particulars supplied by Texfi
Industries , Inc . indicate that the normal value of that company 's exports
was overestimated and that accordingly the dumping margin to be regarded as
definitive is 0.61% ;
Whereas a further expo rtjer ^ How Industries Ltd, Aberdeen, North Carolina ,
which had not made itself / before the provisional anti-dumping duty was
imposed , has asked the Commission to be exempted from the duty on the grounds
that its exports to the Community had not been dumped ;
Whereas in order to establish whether that company had practised dumping ,
                                      the
the Commission received from it all / necessary information ; whereas the
investigation showed that the average prices for textured polyester fabrics
sold by the manufacturer in question on the domestic market had been less ,
                                           ,/i.e .
over the period covered by the investigation^ the 1980 calendar year , than the
                         ordinarily
fixed and variable costs       /     incurred in the course of their production ;
whereas the normal value was therefore constructed by adjusting the prices
below cost of product ion, in order to eliminate losses and provide for a
reasonable profit ; whereas the Commission considered that the figure of 5%
chosen      in the course of the preliminary investigation could be regarded
as a reasonable profit ;
Whereas the Commission compared the normal value as established above to the
prices actually paid for the like products sold for export to the Community
over the same reference period ; whereas these comparisons were carried out
at the ex-factory level ; whereas these export prices were adjusted where
necessary, to take account of the different physical characteristics of the
product such as yarn and finish , and conditions and terms of sale ;
 ---pagebreak---                               - 3 -
Whereas the investigation concerning How Industries Ltd reveal        that the
company 's prices for exports to the Community were Lower than the normal
value and that the average dumping margin is 3.9%; whereas this exporter
was informed of the principal facts and considerations on the basis of which
 it was intended to recommend a definitive decision ;
Whereas , since it adopted Regulation ( EEC ) No 1337 / 81 , the Commission has
not received any information concerning injury to Community producers which
could lead it to revise its conclusions on that subject as set out in that
Regulation ; whereas the Commission therefore concludes definitively that the
dumped imports have caused material injury to the Community industry concerned ;
Whereas in these circumstances the protection of the Community 's interests
requires that a definitive anti-dumping duty be imposed on imports of certain
textured polyester fabrics originating in the United States of America ;
whereas in view of the material injury caused, the rate of duty should
correspond to the clumping margins established ; whereas , however , as the dumping
margins on exports manufactured and exported by Greenwood Mills , Inc .,
Texfi Industries , Inc . and Burlington Industries , Inc ., are de minimis ,
imports of certain polyester fabrics manufactured and exported by              -
these undertakings should be exempt from the definitive duty ;
Whereas -for the same reasons as outlined in the preceding paragraph the
amounts secured by way of provisional duty should be definitively collected ,
with the exception of those relating to imports from Texfi Industries , Inc .
and Burlington Industries , Inc . which should be released ; whereas in
respect of goods manufactured and exported by How Industries Ltd the amount
collected should not exceed that corresponding to the definitive duty ,
that is , 10.2% of the amount secured by way of provisional duty ;
 ---pagebreak---                                           - 4 -
                HAS ADOPTED THIS REGULATION :
                                           A rtidt /
                ,      . definitive           . .         .    ...
                1.    A                   anti-dumping duty is hereby       ^
                imposed on imports of woven fabrics consisting
                wholly of yarn of textile fibres of textured polyester
                weighing not less than 175 g/m 2 and not more than            '
                200 g/ m 2 for unbleached fabrics and not less than 200
                g/m-' and not more than 22i g/m 2 for dyed fabrics
                falling within Common Customs Tariff subheading ex
        51 . 04 A IV         and corresponding to NIMF.XE codes ex        s
                51 .04-2 1 , anil IS, originating in the United States of
                America . This duty shall not apply to imports of
                products described above manufactured and exported
                by Greenwood Mills, Inc., Greenwood, South Carolina,
Texfi Industries , Inc ., Greensboro , North Carolina and Burlington Industries
Inc ., Greensboro , North Carolina .
                2. Subject to the provisions of paragraph 3, the rate
                of the                 anti-dumping duty shall be 38% .
                        definitive
                 ,            :      , . definitive.,.,
                3. The fate of the                     anti-dumping duty
                applicable to imports of products described in para­
                graph 1 manufactured and exported by Frank Ix and
                 Sons, New York, shall be 30-8 % ; the rate for imports
                 of like products manufactured and exported by
Bloomsburg Mills Inc . - Penn Weaving , New York ; Milliken and Co , Spartanburg ,
South Carolina and How Industries Ltd, Aberdeen, North Carolina shall be 3.9% .
                 4 . The duty referred to in paragraphs
                   2 and 3 shall be calculated on the basis of
                 value for customs purposes determined in accordance
                 with Council Regulation (EEC) No 1224/80 of 28 May
                 1980 on the valuation of goods for customs
                 purposes (' ).
                 5.    The provisions in force concerning customs
                 duties shall apply for the application of the duty
                  referred to in paragraphs 2 and 3 .
 0J No L 134 , 31.05.1980 , p. 1
                                                                                /
 ---pagebreak---                                 - 5 -
                            Article 2
1.   Subject to paragraph 2 , the amounts secured by way of provisional duty
                                         definitively
under Regulation ( EEC ) No 1337 / 81 shall be/ collected , with the exception
of those relating to imports of products manufactured and exported by Texfi
Industries , Inc . and Burlington Industries Inc ., which shall be released
in full .
2.     A    sum of     10.2% of the amount secured by way of provisional
duty , on . imports of products manufactured and exported by How Industries Ltd
    definitively
shall be / collected and the balance released .
                            Article 3
This Regulation shall enter into force on the day of its publication in
the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels .                                         For the Council
                                                           The President