CELEX: 51996PC0348
Language: en
Date: 1996-07-16
Title: Proposal for a COUNCIL REGULATION (EC) IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON IMPORTS OF POLYESTER STAPLE FIBRE ORIGINATING IN BELARUS AND COLLECTING DEFINITIVELY THE PROVISIONAL DUTY IMPOSED

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        Brussels, 16.07.1996
                                        COM(96) 348 final
                         Proposal for a
               COUNCIL REGULATION CEO
              IMPOSING A DEFINITIVE ANTI-
  DUMPING DUTY ON IMPORTS OF POLYESTER STAPLE FIBRE
ORIGINATING IN BELARUS AND COLLECTING DEFINITIVELY THE
               PROVISIONAL DUTY IMPOSED
                (presented by the Commission)
 ---pagebreak---  ---pagebreak---                        EXPLANATORY MEMORANDUM
1.  In March 1996, by Regulation (EC) N° 394/96, the Commission imposed a
   provisional anti-dumping duty on imports of polyester staple fibre originating in
   Belarus.
2. By Regulation (EC) N° 1050/96, the Council extended the validity of this duty for
   a period of two months until 7 September 1996.
3. No further substantiated arguments have been made by any of the parties
   concerned regarding the Commission's provisional findings on the product under
   consideration, on the like product, on dumping, Community industry, injury,
   causation of injury and Community interest.
4. In these circumstances, and since the dumping margin found is lower than the
   increase in export prices necessary to remove the injury, it is considered necessary
   that definitive measures, based on the dumping margin established, should be
   imposed in the form and at the level of the provisional measures.
   It is therefore proposed that the Council adopts the draft Regulation annexed,
   imposing a definitive anti-dumping duty on imports into the Community of
   polyester staple fibre originating in Belarus, and collecting definitively the
   amounts secured by way of the provisional duty.
                                        z
 ---pagebreak---                                     Proposal for a
                              COUNCIL REGULATION (EC)
                           IMPOSING A DEFINITIVE ANTI-
         DUMPING DUTY ON IMPORTS OF POLYESTER STAPLE FIBRE
     ORIGINATING IN BELARUS AND COLLECTING DEFINITIVELY THE
                              PROVISIONAL DUTY IMPOSED
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) N° 384/96 of 22 December 1995 on protection
against dumped imports from countries not members of the European Community1, and
in particular Article 23 thereof,
Having regard to Council Regulation (EEC) N° 2423/88 of II July 1988 on protection
against dumped or subsidized imports from countries not members of the European
Economic Community2, as last amended by Regulation (EC) N° 522/943, and in
particular Article 12 thereof,
Having regard to the proposal submitted by the Commission after consulting the
Advisory Committee,
WHEREAS:
l
  OJN°L56, 06.03.1996, p. 1.
2
  OJ 1M° L 209,02.08.1988, p. 1.
3
  OJN°L66, 10.03.1994, p. 10.
 ---pagebreak---                                    A. PROVISIONAL MEASURES
(1) By Regulation (EC) N° 394/964 of 4 March 1996 (hereinafter "the provisional duty
         Regulation"), the Commission imposed a provisional anti-dumping duty on imports
         into the Community of polyester staple fibre (hereinafter "PSF" or "product
         concerned") originating in Belarus, falling within CN code 5503 20 00.
(2) By Regulation (EC) N° 1050/965 of 10 June 1996, the Council extended the
         validity of this duty for a period of two months.
                                     B. SUBSEQUENT PROCEDURE
(3)      The provisional duty Regulation set up a time limit, within which the parties
         concerned could make known their views in writing and apply to be heard orally by
         the Commission.
(4)      Only the sole Belarussian exporter concerned requested, within that time limit, and
         was granted a hearing.
(5)      "EurofibrefiH", an association formed by a group of users of PSF, made known its
         views in writing nearly three months following the entry into force of the
         provisional duty Regulation, and hence after the above mentioned time limit. In any
         event, no arguments different from those previously made by Eurofibrefill in the
         course of the investigation, and covered by the provisional duty Regulation, were
         contained in the new submission.
4
   O J N ° L 5 4 , 05.03.1996, p.10.
 5
    OJ N°L 139, 12.06.1996, pl6.
 ---pagebreak---    C. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT, DUMPING,
           COMMUNITY INDUSTRY, INJURY, CAUSATION OF INJURY AND
                                    COMMUNITY INTEREST
(6)    No further substantiated arguments have been made by any of the parties concerned
       regarding the Commission's provisional findings on the product under
       consideration, on the like product, on dumping, Community industry, injury,
       causation of injury and Community interest. Consequently, these findings, as set
       out in recitals (10) to (78) of the provisional duty Regulation, are confirmed by the
       Council.
            D.    FORM OF A DEFINITIVE MEASURE TO BE IMPOSED
(7)    During the hearing granted to the Belarussian exporter (see recital 4), the latter
       enquired about the possibility to offer a price-undertaking, so that the investigation
       could be terminated without the imposition of definitive duties. However, no such
       offer was subsequently been made.
(8)    For the following reasons, a price-undertaking does not appear to be an appropriate
       solution in the present case:
a)     Minimum prices of PSF would have to be linked to the considerable price
       fluctuations of its main raw materials on the international markets, which would
       make an undertaking unworkable.
                                                5
 ---pagebreak--- b)   The product concerned is extremely heterogeneous. An efficient monitoring of an
     undertaking, which should comprise all different types and combinations of PSF
     (factors like size, colour, cutlength, shading etc. are all decisive for setting a selling
     price), would be extremely difficult. The risk of circumvention would be
     considerable.
c)   The low level of cooperation found during the investigation, as demonstrated by the
     fact that the exporter concerned submitted evidence for only 2% of the total
     quantity of PSF imported into the Community from Belarus, would increase this
     risk even more.
(9)  In these circumstances it is considered that the most suitable form of any definitive
     measure to be imposed in the present proceeding would therefore be an ad-valorem
     duty. The Council confirms this approach.
                                E.    DEFINITIVE DUTY
(10) In order to establish the level of the definitive duty, the Commission took account
     of the dumping margin found and of the amount of duty necessary to eliminate the
     injury sustained by the Community industry, in accordance with the methodology
     described in recitals (79) to (81) of the provisional duty Regulation.
(11) Since the increase in export prices necessary to remove the injury suffered by the
     Community industry is greater than the dumping margin found, the definitive duty
     to be imposed should correspond to the dumping margin established, i.e. 43,5%.
     The Council confirms this level of the definitive duty.
                                               6
 ---pagebreak---                  F. COLLECTION OF THE PROVISIONAL DUTY
(12) In view of the dumping margin established and the substantial injury caused to the
     Community industry, it is considered that the amounts secured by way of the
     provisional anti-dumping duty should be definitively collected.
HAS ADOPTED THIS REGULATION:
                                         Article 1
1.   A definitive anti-dumping duty is hereby imposed on imports of synthetic staple
     fibre of polyester, falling within CN code 5503 20 00, and originating in Belarus.
2.   The rate of the definitive anti-dumping duty applicable shall be 43,5 % of the net,
     free-at-Community frontier price, before duty.
3.   Unless otherwise specified, the provisions in force concerning customs duties shall
     apply.
                                         Article 2
1.   The amounts secured by way of the provisional anti-dumping duty on imports into
     the Community of polyester staple fibre originating in Belarus pursuant to
     Regulation (EC) N° 394/96 shall be definitively collected.
2.   The provisions of Article 1 (3) shall also apply to the definitive collection of the
     amounts secured by way of the provisional anti-dumping duty.
                                              V
 ---pagebreak---                                         Article 3
This Regulation shall enter into force on the day following 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,
The Council
                                              8
 ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(96) 348 final
                                              DOCUMENTS
EN                                                                        02. 11
                                    Catalogue number : CB-CO-96-347-EN-C
                                                              ISBN 92-78-06654-0
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