CELEX: 52013PC0835
Language: en
Date: 2013-11-27
Title: Proposal for a COUNCIL IMPLEMENTING REGULATION extending the definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia, whether declared as originating in India and Indonesia or not

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		52013PC0835
		
			Proposal for a COUNCIL IMPLEMENTING REGULATION extending the definitive anti-dumping duty imposed by Council Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia, whether declared as originating in India and Indonesia or not /* COM/2013/0835 final - 2013/0412 (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[1] ('the basic Regulation') in the
investigation of possible circumvention of the anti-dumping measures imposed by
Council Implementing Regulation (EU)
No 791/2011 on imports of certain open mesh fabrics of
glass fibres originating in the People's Republic of China ('the PRC')[2] by imports consigned from India
and Indonesia.
 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 and in particular Article 13 thereof. 
 Existing provisions in the area of the proposal The measures currently in force were imposed by Council Implementing Regulation (EU) No 791/2011 imposing a definitive anti-dumping duty on imports of open mesh fabrics of glass fibres originating in the People's Republic of China. As a result of previous anti-circumvention investigations, the measures were extended to Malaysia on 25 July 2012[3] and to Taiwan and Thailand on 17 January 2013[4]. 
 Consistency with the other policies and objectives of the Union Not applicable. 
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
 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 provide 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 The Commission has received a request pursuant to Articles 13(3) and 14(5) of the basic Regulation which contained sufficient prima facie evidence that the anti-dumping measures on imports of certain open mesh fabrics of glass fibres imposed by the said Regulation (EU) No 791/2011 were being circumvented by means of transhipment via India and Indonesia. The request was lodged on 25 February 2013 by Saint Gobain Adfors CZ s.r.o., Tolnatext Fonalfeldolgozo es Muszakiszovet-gyarto Bt., Valmieras "Stikla Skiedra" AS and Vitrulan Technical Textiles GmbH, four Union producers of certain open mesh fabrics of glass fibres, representing more than 50% of the Union industry. On 10 April 2013 the Commission, by Regulation (EU) No 322/2013[5], initiated an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the PRC by imports consigned from India and Indonesia, whether declared as originating in India and Indonesia or not. The measures in force appear to be circumvented by transhipment through India and Indonesia and/or by false declaration of origin of Chinese products, by declaring them as Indian or Indonesian products. The circumvention practices are also investigated by OLAF. The attached proposal for a Council Implementing Regulation is based on the findings of the investigation, which has confirmed the circumvention of the measures in force by transhipment of the product concerned via India and Indonesia or by false declaration of origin of the Chinese products. All other criteria for the establishment of circumvention as set out in Article 13(1) of the basic Regulation are also met. It is therefore proposed to extend the anti-dumping measures in force on certain open mesh fabrics of glass fibres originating in the PRC to imports of the same product consigned from India and Indonesia. The duty corresponds to the country-wide duty on imports of certain open mesh fabrics of glass fibres from the PRC (62,9%). The duty shall be levied from the date of initiation of the investigation. Two companies in India requsted exemption under Article 13(4) of the basic Regulation. Only one of these companies produces the product under investigation, Montex Glass Fibre Industries Pvt.Ltd. The investigation confirmed that this company is a genuine producer and that it is not involved in circumvention practices. It is thus proposed to exempt this company from the extended duties. None of the companies in Indonesia came forward following the initiation, thus there are not any requests for exemption from any possible extension of the current measures in Indonesia. The relevant Council Regulation should be published in the Official Journal of the European Union no later than 9 January 2014. 
 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 and in particular Article 13 thereof. 
 Subsidiarity principle The proposal falls under the exclusive competence of the 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 the 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 instruments: Regulation. 
 Other means would not be adequate for the following reason: The above-mentioned basic Regulation does not provide for alternative options. 
4.           BUDGETARY IMPLICATION 
The proposal has no implication for the
Union budget.
2013/0412 (NLE)
Proposal for a
COUNCIL IMPLEMENTING REGULATION
extending the definitive anti-dumping duty
imposed by Council Implementing Regulation (EU) No 791/2011 on imports of
certain open mesh fabrics of glass fibres originating in the People's Republic
of China to imports of certain open mesh fabrics of glass fibres consigned from
India and Indonesia, whether declared as originating in India and Indonesia or
not
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[6]
(‘the basic Regulation’), and in particular Article 13 thereof,
Having regard to the proposal from the
European Commission,
Whereas:
1.           PROCEDURE
1.1         Existing measures
(1)       By
Implementing Regulation (EU) No 791/2011[7] (‘the
original Regulation’) the Council imposed a definitive anti-dumping duty of
62,9% on imports of certain open mesh fabrics of glass fibres originating in
the People’s Republic of China (‘the PRC’) for all other companies than the
ones mentioned in Article 1(2) and Annex 1 of that Regulation. These measures are the measures in force and the investigation that
led to the measures is the original investigation.
(2)       The measures in force were
previously extended to Malaysia, by Council Implementing Regulation (EU) No
672/2012[8],
and to Taiwan and Thailand, by Council Implementing Regulation (EU) No 21/2013[9].
1.2         Request
(3)       On 25 February 2013, the
European Commission (‘the Commission’) received a request under Articles 13(3)
and 14(5) of the basic Regulation to investigate the possible circumvention of
the anti-dumping measures imposed on imports of certain open mesh fabrics of
glass fibres originating in the PRC and to make imports of certain open mesh
fabrics of glass fibres consigned from India and Indonesia, whether declared as
originating in India and Indonesia or not, subject to registration.
(4)       The request was lodged by
Saint-Gobain Adfors CZ s.r.o., Tolnatext Fonalfeldolgozo es Muszakiszovet-gyarto
Bt., Valmieras "Stikla Skiedra" AS and Vitrulan Technical Textiles
GmbH, four Union producers of certain open mesh fabrics of glass fibres.
(5)       The request contained
sufficient prima facie evidence that following the imposition of the
measures in force, a significant change in the pattern of trade involving
exports from the PRC, India and Indonesia to the Union occurred, for which
there was insufficient due cause or economic justification other than the
imposition of the measures in force. This change in the pattern of trade
stemmed allegedly from consignement of certain open mesh fabrics of glass
fibres originating in the PRC via India and Indonesia and/or false declaration
of origin of the Chinese products.
(6)       Furthermore, the evidence
pointed to the fact that the remedial effects of the measures in force were
being undermined both in terms of quantity and price. The evidence showed that
these increased imports from India and Indonesia were made at prices below the
non-injurious price established in the original investigation.
(7)       Finally, there was
evidence that prices of certain open mesh fabrics of glass fibres consigned
from India and Indonesia were dumped in relation to the normal value
established for the like product during the original investigation.
1.3         Initiation
(8)       Having
determined, after consulting the Advisory Committee, that sufficient prima
facie evidence existed for the initiation of an investigation under
Articles 13(3) and 14(5) of the basic Regulation, the Commission initiated an
investigation by Commission Regulation (EU) No 322/2013[10] (‘the initiating Regulation’). Pursuant to Articles 13(3) and 14(5)
of the basic Regulation the Commission, by the initiating Regulation, also
directed the customs authorities to register imports of certain open mesh
fabrics of glass fibres consigned from India and Indonesia.
1.4         Investigation
(9)       The Commission officially
advised the authorities of the PRC, India and Indonesia, the producers/exporters
in these countries, the importers in the Union known to be concerned and the
Union industry of the initiation of the investigation. Questionnaires were sent
to the producers/exporters in the PRC, India and Indonesia known to the
Commission or which made themselves known within the deadlines specified in recital
15 to the initiating Regulation. Questionnaires were also sent to importers in
the Union. 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
initiating Regulation. All parties
were informed that non-cooperation might lead to the application of Article 18
of the basic Regulation and to findings being based on the facts available.
(10)     Two exporting producers in India and one unrelated importer in the Union made themselves known and submitted replies to the
questionnaires. Later the Union importer informed the Commission that it
imported other products and it did not import any product under investigation
in the past. No exporting producer in Indonesia submitted a reply. The
following exporting producers in India submitted an exemption form reply:
–              
Montex Glass Fibre Industries Pvt.Ltd.
(‘Montex’),
–              
and Urja Products Pvt.Ltd.
(11)     Subsequently, Urja Products
Pvt.Ltd. informed the Commission that it does not produce the product under
investigation and its products have different technical characteristics and
different use (falling within other CN codes). Therefore, verification visit
was carried out only at the premises of Montex. 
1.5         Investigation period
(12)     The investigation period
covered the period from 1 April 2009 to 31 March 2013 (‘the IP’). Data were
collected for the IP to investigate, inter alia, the alleged change in
the pattern of trade. More detailed data were collected for the reporting
period from 1 April 2012 to 31 March 2013 (‘the RP’) in order to examine the
possible undermining of the remedial effect of the measures in force and
existence of dumping.
2. RESULTS OF THE INVESTIGATION
2.1         General considerations
(13)     In accordance with Article
13(1) of the basic Regulation, the assessment of the existence of circumvention
was made by analysing successively whether there was a change in the pattern of
trade between the PRC, India, Indonesia and the Union; if this change stemmed
from a practice, process or work for which there was insufficient due cause or
economic justification other than the imposition of the duty; if there was
evidence of injury or that the remedial effects of the duty were being
undermined in terms of the prices and/or quantities of the product under
investigation; and whether there was evidence of dumping in relation to the
normal values previously established for the product concerned, if necessary in
accordance with the provisions of Article 2 of the basic Regulation.
2.2         Product concerned and the
product under investigation
(14)     The product concerned is as
defined in the original investigation: Open mesh fabrics of glass fibres, of a
cell size of more than 1,8 mm both in length and in width and weighing more
than 35 g/m2, excluding fibreglass discs, originating in the
People's Republic of China, currently falling within CN codes ex 7019 51 00 and
ex 7019 59 00.
(15)     The product under
investigation is the same as that defined in the previous recital, but
consigned from India and Indonesia, whether declared as originating in India
and Indonesia or not.
(16)     The investigation showed
that open mesh fabrics of glass fibres, as defined above, exported from the PRC
to the Union and those consigned from India and Indonesia to the Union have the
same basic physical and technical characteristics and have the same uses, and
are therefore to be considered as like products within the meaning of Article
1(4) of the basic Regulation.
2.3         Level of cooperation 
2.3.1      India
(17)     As stated in recital 10
above, only two Indian companies submitted an exemption form reply. As one of
them, Urja Products Pvt.Ltd., was found not to be a producer of the product
under investigation, there was only one cooperating company, Montex. The
company represented only 1 % of the exports from India to the Union in the RP
period of 2012/2013, compared to overall exports from India. This led to the application of Article 18 of the basic Regulation and findings with
regard to India were based on facts available.
2.3.2      Indonesia
(18)     As stated in recital (10),
no Indonesian companies submitted a questionnaire reply. There was no
cooperation from Indonesian companies. This led to the application of Article
18 of the basic Regulation and findings with regard to Indonesia were based on facts available.
2.3.3      The PRC
(19)     There was no cooperation
from the Chinese exporting producers. This led to the application of Article 18
of the basic Regulation and findings with regard to the PRC were based on facts
available.
2.4         Change in the pattern of
trade
(20)     To determine whether there
was a change in the pattern of trade, imports of the product under
investigation from India and Indonesia into the Union and exports of the
product under investigation from the PRC to India and Indonesia were assessed. These imports were established on the basis of facts available under
Article 18(1) of the basic Regulation given the relatively low or no
cooperation of Indian, Indonesian and Chinese companies (see Section 2.3 above).

(21)     To that end, COMEXT statistics[11], trade statistics from India and Indonesia received from the respective national authorities and Global Trade Information
Services[12] statistics were used for the analysis. The
accounting years starting 1 April finishing 31 March was used in order to use
12-month periods.
(22)     The import volume recorded
in COMEXT statistics covers a larger product group than the product concerned
and the product under investigation. However, based on estimates provided by
the Union industry, it could be established that a significant part of this
import volume covered the product concerned and the product under
investigation. Accordingly, these data could be used to establish a change in
the pattern of trade.
2.4.1      Imports into the Union
(23)     COMEXT statistics show a
significant change in the pattern of trade over the IP (see Table 1 below). 
Table 1
 Import volumes (millions of m2)[13] || April 2009/ March 2010   || April 2010/ March 2011 || April 2011/ March 2012 || April 2012/ March 2013 
 PRC || 288,40 || 385,85 || 110,30 || 85,93 
 India || 0,35 || 0,28 || 0,89 || 13,13 
 Indonesia || 0,004 || 0,16 || 3,22 || 33,31 
Source: COMEXT
statistics
Imports from the PRC
(24)     According to COMEXT
statistics imports of the product concerned from the PRC to the Union dropped dramatically subsequent to the imposition of the provisional measures in
February 2011[14]
and of the definitive measures in August 2011[15].
Table 1 above shows that between 2010/2011 and 2011/2012 the imports to the Union from the PRC dropped from 385,85 million m² to 110,30 million m² (by approximately
70%) and between 2010/2011 and 2012/2013 (by approximately 80 %) further to
85,9 million m². 
Imports
from India
(25)     According to COMEXT
statistics, in the financial year 2009/2010 the quantities imported from India
to the Union accounted for 0,35 million m², in the financial year 2010/2011 it
was 0,28 million m² and it increased sharply between 2011/2012 and 2012/2013,
reaching 13,13 million m² in the financial year 2012/2013. 
(26)     As stated in recital 17
above, the company Montex exported a very small quantity to Union of the
product under investigation in the IP – compared to overall exports from India
it represents 1 % of the exports from India to the Union in the period of
2012/2013. It was found moreover that Montex exports the product under
investigation under an incorrect CN code – 70 19 52. Its exports had to be
therefore added to the COMEXT statistics as shown in Table 1 above.
Imports from Indonesia
(27)     According to COMEXT
statistics, in the financial year 2009/2010 the quantities imported from
Indonesia to the Union market accounted for 0,004 million m², in 2010/2011 it
amounted to 0,16 million m² and it increased sharply between 2011/2012 and
2012/2013, from 3,22 million m² to 33,31 million m² respectively. 
2.4.2      Exports from the PRC to India and Indonesia
(28)     A dramatic increase of
exports can also be observed from the PRC to India and Indonesia in the same period.
Table 2
 Import volumes (millions of m2) || April 2009/ March 2010   || April 2010/ March 2011 || April 2011/ March 2012 || April 2012/ March 2013 
 India || 4,80 || 16,35 || 18,38 || 29,28 
 Indonesia || 5,78 || 4,01 || 8,94 || 11,54 
Source: China customs Statistics
Exports from the PRC to India
(29)     According to the Chinese
customs statistics, imports from the PRC to India of the product under
investigation increased from 4,8 million m² in the financial year 2009/2010 to
29,3 million m² in the financial year 2012/2013.
Exports from the PRC to Indonesia
(30)     According to the Chinese
customs statistics, imports from the PRC to Indonesia of the product under
investigation increased from 5,78 million m² in the financial year 2009/2010 to
11,54 million m² in the financial year 2012/2013.
2.4.3      Conclusion on the change in
the pattern of trade
(31)     The overall decrease of the
exports from the PRC to the Union and the parallel increase of both exports
from India and Indonesia to the Union and exports from the PRC to India and
Indonesia, following the imposition of provisional measures in February 2011
and of definitive measures in August 2011, constitutes a change in the pattern
of trade between the above mentioned countries, on the one hand, and of the
exports of these countries to the Union, on the other hand.
2.5         Nature of the circumvention
practice
(32)     Article 13(1) of the basic
Regulation requires that the change in the pattern of trade stems from a
practice, process or work for which there is insufficient due cause or economic
justification other than the imposition of the duty. The practice, process or
work includes, inter alia, the consignment of the product subject to
measures in force via third countries in accordance with Article 13(2) of the
basic Regulation.
(33)     During the investigation
evidence was found of transhipment practices via Indonesia and India and/or incorrect certificates of origin. For instance, some of the imports of the
product concerned to the Union were transhipped through Dubai or Singapore with certificates of origin of Indonesia/India and a part of the imports to the Union was transhipped through an Indian company which did not cooperate in the
investigation. The lack of cooperation by any of the producers of the product
under investigation, except Montex, is also an indication that there is no
genuine production in Indonesia and India that could justify the export levels
from Indonesia and India to the Union. It is reasonable to expect that if there
are genuine producers, they would try to distinguish themselves from
circumvention practices by participating in this investigation in the first
place. In addition, the investigation did not revealevidence of genuine production
in the two contries concerned, other than that of Montex. Furthermore, the
surge in imports from these two countries indicates that the Chinese products
are transhipped to the Union through India and Indonesia and/or with incorrect
certificates of origin. 
(34)     The existence of transhipment of Chinese-origin products
via India and Indonesia is therefore confirmed.
2.6         Insufficient due cause or
economic justification other than the imposition of the anti-dumping duty
(35)     The investigation did not bring
to light any other due cause or economic justification for the transhipment
than the avoidance of the measures in force on the product concerned. No
elements were found, other than the duty, which could be considered as a
compensation for the costs of transhipment, in particular regarding transport
and reloading, of certain open mesh fabrics of glass fibres originating in the
PRC from the PRC via India and Indonesia.
2.7         Undermining of the remedial
effect of the anti-dumping duty
(36)     Next, it was assessed
whether the imports of the product under investigation into the Union had undermined the remedial effects of the measures in force in terms of quantities
and prices. COMEXT data was used as the best data available concerning
quantities and prices of exports by the non-cooperating companies in India and Indonesia. The prices so determined were compared to the injury elimination level
established for the Union industry in recital (74) to the original Regulation.
(37)     The increase of imports
from India to the Union from 0,35 million m2 in 2009/2010 to 13,10
million m2 in the RP 2012/2013 was significant in terms of
quantities, compared to (very low) volumes of imports from India before the
imposition of the provisional measures in 2009/2010. Also, the increase of
imports from Indonesia to the Union from 0,04 m2 in 2009/2010 to
33,31 million m2 in the RP 2012/2013 was considered to be
substantial in terms of quantities, compared to (very low) volumes of imports
from Indonesia before the imposition of the provisionnal measures in 2009/2010.

(38)     To assess whether the
remedial effects of the measures in force are undermined in terms of prices the
prices of the imports from Indonesia and India were compared with the injury
elimination level as established in the original Regulation. The injury
elimination level as established in the original Regulation was adjusted for
inflation. The weighted average export price of exports from India and Indonesia was adjusted for post importation costs and quality adjustments as established
in the original investigation for imports from PRC. The comparison showed
significantly lower export prices for exports from the countries concerned to
the Union. It was therefore concluded that the remedial effects of the measures
in force are also being undermined in terms of both quantities and prices. 
2.8         Evidence of dumping 
(39)     Finally, in accordance with
Article 13(1) of the basic Regulation it was examined whether there was
evidence of dumping.
(40)     In the original Regulation
the normal value was established on the basis of prices in Canada, which in that investigation was found to be an appropriate market economy analogue
country for the PRC. In line with Article 13(1) of the basic Regulation the
normal value as established in the original investigation was used. 
(41)     The export prices from India and Indonesia were based on facts available under Article 18 of the basic Regulation. The
export price was the average export price of certain open mesh fabrics of glass
fibres from each of the two contries concerned during the RP as reported in
COMEXT. The exports of the Indian company Montex were not reflected in the
statistics due to the misclassification of their products (see recital 25
above), and were not used for the calculation of the dumping margin.
(42)     For the purpose of a fair
comparison between the normal value and the export price, due allowance, in the
form of adjustments, was made for differences which affect prices and price
comparability in accordance with Article 2(10) of the basic Regulation.
Accordingly, adjustments were made for differences in transport, insurance and
packing costs. Given that data available did not allow to establish the level
of the adjustments to be made, the adjustments had to be established on the basis
of the best facts available. Thus, the adjustment for these allowances was
based on a percentage calculated as the proportion of the total transport,
insurance and packing costs over the value of the Union sales transactions with
CIF delivery terms provided by the cooperating Chinese exporting producers in
the original investigation. 
(43)     In accordance with Articles
2(11) and 2(12) of the basic Regulation, dumping was calculated by comparing
the weighted average normal value as established in the original Regulation and
the corresponding weighted average export prices of the two countries concerned
during this investigation’s RP, expressed as a percentage of the CIF price at
the Union frontier duty unpaid.
(44)     The comparison of the
weighted average normal value and the weighted average export price as
established showed dumping.
3. MEASURES
(45)     In view of the above, it is
concluded that the definitive anti-dumping duty imposed on imports of certain
open mesh fabrics of glass fibres originating in the PRC was circumvented by
transhipment via India and Indonesia within the meaning of Article 13(1) of the
basic Regulation.
(46)     In accordance with the
first sentence of Article 13(1) of the basic Regulation, the measures in force
on imports of the product concerned, should be extended to imports of the same
product but consigned from India and Indonesia, whether declared as originating
in India and Indonesia or not.
(47)     The measures to be extended
should be the measures established in Article 1(2) of Regulation (EU) No
791/2011 for "all other companies", which is a definitive
anti-dumping duty of 62,9% applicable to the net, free-at-Union-frontier price,
before duty.
(48)     In accordance with Articles
13(3) and 14(5) of the basic Regulation, which provides that any extended
measure should apply to imports which entered the Union under registration
imposed by the initiating Regulation, duties should be collected on those
registered imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia.
4. REQUESTS FOR EXEMPTION
4.1         India
(49)     As stated in recital (10)
two exporting producers came forward following initiation and submitted
questionnaire replies and requested exemption in accordance with Article 13(4)
of the basic Regulation – Montex and Urja Products. 
(50)     As stated in the recital
(11), it was found that one of the two companies, Urja Products does not
produce the product under investigation. The exemption under Article 13(4) of
the basic Regulation is not applicable to this company. 
(51)     Montex was found not to be
engaged in the circumvention practices subject to this investigation. The
company demostrated that it is a genuine producer whose production capacity
exceeds the volume of exports of the product under investigation to the Union. The company submitted a complete set of data and was verified on spot. The verified
data relating to setting up of the company, purchase of machinery, production
process, capacity, stocks, purchases of raw material, cost of production
support the conclusion. Furthermore, this producer could demonstrate that it is
not related to any of the Chinese producers/exporters subject to the existing
measures or to companies involved in the circumvention practices. Therefore,
the exemption from the extended duties could be granted to this company.
4.2         Indonesia
(52)     As stated in recital (10)
no exporting producer in Indonesia submitted a request for exemption under
Article 13(4) of the basic Regulation. The investigation did not reveal any
genuine producer of the product under investigation in Indonesia.
4.3         Newcomers
(53)     Producers in India and Indonesia which did not participate in this investigation and/or did not export the
product under investigation to the Union in the RP may request an exemption
from the extended anti-dumping duty under Articles 11(3), 11(4) and 13(4) of
the basic Regulation. They will be asked to complete a questionnaire in order
to enable the Commission to determine whether an exemption may be warranted.
Such exemption may be granted after the assessment of the market situation of
the product concerned, production capacity and capacity utilisation,
procurement and sales and the likelihood of a continuation of practices for
which there is insufficient due cause or economic justification and the
evidence of dumping. The Commission would normally also carry out an
on-the-spot verification visit. The request should be addressed to the
Commission, with all relevant information, in particular any modification in
the company’s activities linked to the production and sales.
(54)     Where an exemption is
warranted, the Commission will, after consultation of the Advisory Committee,
propose the amendment of the extended measures in force accordingly.
Subsequently, any exemption granted will be monitored to ensure compliance with
the conditions.
5. DISCLOSURE
(55)     All interested parties were
informed of the essential facts and considerations leading to the above
conclusions and were invited to comment. The oral and written comments
submitted by the parties were considered. None of the arguments presented gave
rise to a modification of the definitive findings,
HAS ADOPTED THIS REGULATION:
Article 1
1. The definitive anti-dumping duty
applicable to "all other companies" imposed by Article 1(2) of
Regulation (EU) No 791/2011 on imports of open mesh fabrics of glass fibres, of
a cell size of more than 1.8 mm both in length and in width and weighing more
than 35 g/m2, excluding fibreglass discs, originating in the
People's Republic of China, is hereby extended to imports of open mesh fabrics
of glass fibres, of a cell size of more than 1.8 mm both in length and in width
and weighing more than 35 g/m2, excluding fibreglass discs,
consigned from India and Indonesia, whether declared as originating in India
and Indonesia or not, currently falling in CN codes ex 7019 51 00 and ex 7019
59 00 (TARIC codes 7019 51 00 14, 7019 51 00 15, 7019 59 00 14 and 7019 59 00 15)
with the exception of those produced by Montex Glass Fibre Industries Pvt.Ltd.
(TARIC additional code B942).
2. The application of the exemption granted
to Montex Glass Fibre Industries Pvt. Ltd. shall be conditional upon
presentation to the customs authorities of the Member States of a valid
commercial invoice, which shall conform to the requirements set out in the
Annex to this Regulation. If no such invoice is presented , the anti-dumping
duty as imposed by paragraph 1 of this Article shall apply. 
3. The duty extended by paragraph 1 of this
Article shall be collected on imports consigned from India and Indonesia, whether declared as originating in India and Indonesia or not, registered in accordance
with Article 2 of Regulation (EU) No 322/2013 and Articles 13(3) and 14(5) of
Regulation (EC) No 1225/2009.
4. Unless otherwise specified, the
provisions in force concerning customs duties shall apply.
Article 2
1. Requests for exemption from the duty
extended by Article 1 shall be made in writing in one of the official languages
of the European Union and must be signed by a person authorised to represent
the entity requesting the exemption. The request must be sent to the following
address:
European Commission
Directorate-General for Trade
Directorate H
Office: N-105 8/20
1049 Brussels
Belgium
Fax (32 2) 295 65 05
2. In accordance with Article 13(4) of
Regulation (EC) No 1225/2009 the Commission, after consulting the Advisory
Committee, may authorise, by decision, the exemption of imports from companies
which do not circumvent the anti-dumping measures imposed by Regulation (EU) No
791/2011, from the duty extended by Article 1.
Article 3
Customs authorities are hereby directed to
discontinue the registration of imports, established in accordance with Article
2 of Regulation (EU) No 322/2013.
Article 4
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 L188, 18.7.2009, p.93.
[2]               OJ L204, 9.8.2011, p.1.
[3]               Council implementing regulation (EU) No 672/2012 of
16 July 2012, OJ L196 of 24 July 2012, p.1.
[4]               Council implementing regulation (EU) No 21/2013 of 10
January 2013,, OJ L11 of 16 January 2013, p.1.
[5]               OJ L101, 10.4.2013, p.1.
[6]               OJ L 343, 22.12.2009, p. 51.
[7]               OJ L 204, 9.8.2011, p. 1.
[8]               OJ L196, 24.7. 2012, p.1.
[9]               OJ L11, 16.1. 2013, p.1.
[10]             OJ L 101, 10.4.2013, p. 1.
[11]             Comext is a database on foreign trade statistics
managed by Eurostat.
[12]             Global Trade Information Services are trade statistics from
a commercial database provider.
[13]             The volume in Comext is reported in metric tonnes and
converted to square meters according to UI conversion rates; i.e. for CN
70195100: 1 m² = 0.05 kg, for CN 70195900: 1 m² = 0.14 kg.
[14]             OJ L 43, 17.2.2011, p. 9.
[15]             OJ L 204, 9.8.2011, p. 1.