Commission Regulation (EC) No 1240/2001 of 25 June 2001 initiating a "new exporter" review of Council Regulation (EC) No 2604/2000 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating, inter alia, in India, repealing the duty with regard to imports from one exporting producer and making these imports subject to registration

Commission Regulation (EC) No 1240/2001
of 25 June 2001
initiating a "new exporter" review of Council Regulation (EC) No 2604/2000 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating, inter alia, in India, repealing the duty with regard to imports from one exporting producer and making these imports subject to registration
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1) ("the basic Regulation"), as last amended by Council Regulation (EC) No 2338/2000(2), and in particular Article 11(4) thereof,
After consulting the Advisory Committee,
Whereas:
A. REQUEST FOR A REVIEW
(1) The Commission has received an application for a "new exporter" review pursuant to Article 11(4) of the basic Regulation. The application was lodged by Futura Polymers Ltd ("the applicant"), an exporting producer in India ("the country concerned").
B. PRODUCT
(2) The product under investigation is polyethylene terephthalate ("PET") with a coefficient of viscosity of 78 ml/g or higher, according to DIN (Deutsche Industrienorm) 53728, as described in Article 1 of the Council Regulation imposing the existing measures, originating in India ("the product concerned"). It is currently classifiable within CN codes 3907 60 20 and ex 3907 60 80 (TARIC code 3907 60 80 10.) These CN codes are given for information only.
C. EXISTING MEASURES
(3) The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 2604/2000(3) ("the Regulation") under which imports into the Community of the product concerned are subject to a definitive duty in the form of a specific amount per tonne of EUR 181,7/t, with the exception of imports from several companies specifically mentioned, which are subject to individual duties. The imports of the product concerned produced by the applicant are subject to a definitive individual duty of EUR 223,0/t.
D. GROUNDS FOR THE REVIEW
(4) The applicant had co-operated in an anti-subsidy proceeding run in parallel with the investigation that led to the existing measures, but not in the anti-dumping proceeding leading to the existing measures, since it did not export the product concerned to the Community during the period of investigation on which the existing measures were based, i.e. 1 October 1998 to 30 September 1999 ("the original investigation period"). Therefore no individual margin could be established at that time and he was attributed the residual duty. The Regulation stated explicitly that the applicant was entitled to request a new exporter review, when they had exported to the Community or when they could demonstrate that they had entered into irrevocable contractual obligations to export significant quantities to the Community.
(5) The applicant alleges that, while it did not export the product concerned to the Community during the original investigation period, it has begun to do so thereafter, and that it is not related to any of the exporting producers of the product concerned which are subject to the above-mentioned anti-dumping measures.
E. PROCEDURE
(6) Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a review pursuant to Article 11(4) of the basic Regulation with a view to determining the applicant's individual margin of dumping and, should dumping be found, the level of duty to which its imports of the product concerned into the Community should be subject.
(7) Community producers known to be concerned have been informed of the above application and have been given an opportunity to comment. No comments have been received.
(a) Questionnaires
In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant.
(b) Collection of information and holding of hearings.
All interested parties are hereby invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are particular reasons why they should be heard.
F. REPEAL OF THE DUTY IN FORCE AND REGISTRATION OF IMPORTS
(8) Pursuant to Article 11(4) of the basic Regulation, the anti-dumping duty in force should be repealed with regard to imports of the product concerned originating in India, which are produced and sold for export to the Community by the applicant. At the same time, such imports should be made subject to registration in accordance with Article 14(5) of the basic Regulation, in order to ensure that, should the review result in a finding of dumping in respect of the applicant, anti-dumping duties can be levied retroactively from the date of the initiation of this review. The amount of the applicants' possible future liabilities cannot be estimated at this stage of the proceeding.
G. TIME LIMIT
(9) In the interest of sound administration, time limits should be stated within which:
- interested parties may make themselves known to the Commission, present their views in writing and submit the reply to the questionnaire mentioned in recital 7(a) of this Regulation or any other information to be taken into account during the investigation,
- interested parties may make a written request to be heard by the Commission.
H. NON-COOPERATION
(10) In cases in which any interested party refuses access to, or otherwise does not provide, necessary information within the relevant time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.
(11) Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available,