CELEX: 52012PC0269
Language: en
Date: 2012-06-04
Title: Proposal for a COUNCIL REGULATION terminating the partial interim review concerning the anti-dumping measures on imports of certain polyethylene terephthalate (PET) originating in India

|
			
		
		
		52012PC0269
		
			Proposal for a COUNCIL REGULATION terminating the partial interim review concerning the anti-dumping measures on imports of certain polyethylene terephthalate (PET) originating in India /* COM/2012/0269 final - 2012/0142 (NLE) */
			
				
		
		
			
			   	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 certain polyethylene
terephthalate (PET) originating, inter alia, in India.
·      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
Definitive measures are in force and were imposed
by Council Regulation (EC) No 1646/2005 of 6 October
2005 amending Regulation (EC) No 2604/2000 imposing a definitive anti-dumping
duty on imports of certain polyethylene terephthalate
(PET) originating, inter alia, in India.
·      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 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 2 April 2011 the Commission initiated a
partial interim review concerning imports of certain polyethylene terephthalate
(PET) originating, inter alia, in India.
The attached proposal for a Council Regulation
is based on the findings of the investigation limited in scope to the
examination of dumping and as far as the applicant is concerned. 
The applicant withdrew its interim review
request, and it was found that an ex officio continuation of the
investigation is not in the Union interest.
It is therefore proposed that the Council adopt
the attached proposal for a termination Regulation which should be published no
later than 1 July 2012.
·      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.
·      Choice of instruments
Proposed instrument: regulation.
Other means would not be adequate because the
basic Regulation does not provide for alternative options.
4.           BUDGETARY IMPLICATION
The proposal has no implication for the Union
budget.
2012/0142 (NLE)
Proposal for a
COUNCIL REGULATION
terminating the partial interim review
concerning the anti-dumping measures on imports of certain polyethylene
terephthalate (PET) originating in India
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 Community[1]
('the basic Regulation') and in particular Articles 11(3) 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
(1)       By Regulation (EC) No
2604/2000[2],
the Council imposed a definitive anti-dumping duty on imports of polyethylene
terephthalate ('PET') originating, inter alia, in India (‘the original
investigation’). A review pursuant to Article 11(4) of the basic Regulation (‘the
new exporter review‘) concerning South Asian Petrochem Ltd was subsequently
conducted and its definitive findings and conclusions are set out in Council
Regulation (EC) No 1646/2005[3].
Following an expiry review, the Council, by Regulation (EC) No 192/2007[4] imposed a definitive
anti-dumping duty for a further period of five years. The anti-dumping measures
were amended by Council Regulation (EC) No 1286/2008[5] following a partial interim
review (‘the last review investigation’). The measures consist of specific
anti-dumping duties. The rate of the duty ranges between EUR 87,5 and EUR 200,9
per tonne for individually named Indian producers with a residual duty rate of
EUR 153,6 per tonne imposed on imports from other producers (‘the current
duties’).
(2)       Following a name change of
one Indian company, South Asian Petrochem Ltd, by Notice (EC) No 2010/C 335/06[6] the Commission concluded that
the anti-dumping findings in respect of South Asian Petrochem Ltd should apply
to Dhunseri Petrochem & Tea Limited.
(3)       By Regulation (EC) No
2603/2000[7],
the Council imposed a definitive countervailing duty on imports of PET
originating, inter alia, in India. Following an accelerated review pursuant to
Article 20 of Council Regulation (EC) No 597/2009[8] of 11 June 2009 on protection
against subsidised imports from countries not members of the European Community
('the basic AS Regulation'), the definitive measures were amended as set out in
Council Regulation (EC) No 1645/2005[9].
Following an expiry review, the Council, by Regulation (EC) No 193/2007[10] imposed a definitive
countervailing duty for a further period of five years. The countervailing
measures were amended by Regulation (EC) No 1286/2008 following the last review
investigation. The countervailing measures consist of a specific duty. The rate
of the duty ranges between EUR 0 and EUR 106,5 per tonne for individually named
Indian producers with a residual duty rate of EUR 69,4 per tonne imposed on
imports from other producers (‘the current countervailing measures’).
(4)       Following a name change of
one Indian company, South Asian Petrochem Ltd, by Notice (EC) No 2010/C 335/07[11] the Commission concluded that
the anti-subsidy findings in respect of South Asian Petrochem Ltd should apply
to Dhunseri Petrochem & Tea Limited.
(5)       By Decision 2005/697/EC[12] the Commission accepted
undertakings offered by South Asian Petrochem Ltd setting a minimum import
price ('MIP') (‘the undertaking’). Following a name change, the Commission
concluded by Notice (EC) No 2010/C 335/05[13]
that the undertaking offered by South Asian Petrochem Ltd should apply to
Dhunseri Petrochem & Tea Limited.
1.2.        Request for a review
(6)       A request for a partial
interim review pursuant to Article 11(3) of the basic Regulation was lodged by Dhunseri
Petrochem & Tea Ltd, an Indian exporting producer of PET (‘the applicant’).
The request was limited in scope to dumping and to the applicant. The applicant
at the same time also requested the review of the current countervailing
measures. The anti-dumping and countervailing duties are applicable to imports
of products produced by the applicant and sales of the applicant to the Union
are covered by the undertaking.
(7)       The applicant provided prima
facie evidence that the continued application of the current duty at its
current level was no longer necessary to offset dumping. In particular, the
applicant claimed that there had been significant changes in the production
costs of the company and that these changes have led to a substantially lower
dumping margin since the imposition of the current duties. A comparison made by
the applicant of its domestic prices and its export prices to the Union
suggested that the dumping margin was substantially lower than the level of
current duties.
1.3.        Initiation
of a partial interim review
(8)       Having determined, after
consulting the Advisory Committee, that the request contained sufficient prima
facie evidence to justify the initiation of the partial interim review (‘the
current review’), the Commission announced, by a Notice of initiation[14] published in the Official Journal of the European Union on 2 April
2011, the initiation of a partial interim review pursuant to Article 11(3) of
the basic Regulation limited to the examination of dumping as far as the applicant
is concerned ('the Notice of initiation').
1.4.        Parallel partial interim
review of the countervailing measures 
(9)       On 2 April 2011[15] the Commission announced the initiation of a partial interim review
pursuant to Article 19 of the basic AS Regulation, limited in scope to
subsidization and to the applicant.
(10)     In the partial interim
review of the countervailing measures it was found that the changes are not of
a lasting nature. As a consequence, the review investigation was terminated
without amending the measures in force.
1.5.        Parties concerned
(11)     The Commission officially
informed the applicant, the representatives of the exporting country and the
association of Union producers about the initiation of the 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.
(12)     All interested parties were
informed of the possibility to request a hearing. One hearing was requested and
granted.
(13)     In order to obtain the
information deemed necessary for its investigation, the Commission sent a
questionnaire to the applicant and received a reply within the deadline set for
that purpose.
(14)     The Commission sought and
verified all information deemed necessary for the determination of dumping. The
Commission carried out verification visit at the premises of the applicant in Kolkata,
India and Haldia, India.
2.           WITHDRAWAL OF THE REQUEST
AND TERMINATION OF THE PROCEEDING
(15)     By letter to the Commission
dated 18 April 2012 the applicant formally withdrew its request for the partial
interim review of the anti-dumping measures applicable to imports of PET
originating in India. The withdrawal is supported mainly with the further
expansion of the applicant's production capacity which demonstrates that the
changes in respect of dumping are not of a lasting nature due to an imminent
further decrease in production costs. The applicant claimed that it is the
continuous process of change which calls into question the lasting nature of
changes established during the investigation. It was established that although
some of the changes established during the investigation were of a lasting
nature the company is indeed in a continuous process of change.
(16)     In view of the withdrawal,
it was considered whether it would be warranted to continue the review
investigation ex officio. The Commission services found no compelling
reasons that termination would not be in the Union interest. On this basis, the
review investigation should be terminated.
(17)     Interested parties were
informed of the intention to terminate the review investigation and were given
the opportunity to comment.
(18)     It is therefore concluded
that the review concerning imports of PET originating in India should be
terminated without amending the anti-dumping measures in force,
HAS ADOPTED THIS REGULATION:
Article 1
The partial interim review of the
anti-dumping measures applicable to imports of certain polyethylene
terephthalate originating in India initiated pursuant to Article 11(3) of
Regulation (EC) No 1225/2009 is hereby terminated without amending the
anti-dumping measures in force.
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
[1]               OJ L 343, 22.12.2009, p. 51.
[2]               OJ L 301, 30.11.2000, p. 21.
[3]               OJ L 266, 11.10.2005, p. 10.
[4]               OJ L 59, 27.2.2007, p. 1.
[5]               OJ L 340, 19.12.2008, p. 1.
[6]               OJ C 335, 11.12.2010, p. 6.
[7]               OJ L 301, 30.11.2000, p. 1.
[8]               OJ L 188, 18.7.2009, p. 93.
[9]               OJ L 266, 11.10.2005, p. 1.
[10]             OJ L 59, 27.2.2007, p. 34.
[11]             OJ C 335, 11.12.2010, p. 7.
[12]             OJ L 226, 11.10.2005, p. 62.
[13]             OJ C 335, 11.12.2010, p. 5.
[14]             OJ C 102, 02.04.2011, p. 18.
[15]             OJ C 102, 2.4.2011, p.15.