Notice of initiation of a partial interim review of the anti-dumping measures applicable to imports of polyethylene terephthalate (PET) film originating, inter alia , in India

(2005/C 1/04)

The Commission has received a request for a partial interim review pursuant to Article 11(3) of Council Regulation (EC) No 384/96 (1) (‘the basic Regulation’).

1.   Request for review

The request was lodged by the following Community producers: Du Pont Teijin Films, Mitsubishi Polyester Film GmbH and Nuroll SpA (‘the applicants’).

2.   Product

The product under review is polyethylene terephthalate (‘PET’) film originating in India (‘the product concerned’), normally declared within CN codes ex 3920 62 19 and ex 3920 62 90. These CN codes are given only for information.

3.   Existing measures

The anti-dumping measures currently in force are definitive duties imposed by Council Regulation (EC) No 1676/2001 (2) on imports of PET film originating, inter alia, in India and undertakings accepted by Commission Decision 2001/645/EC (3).

4.   Grounds for the review

The applicants have provided information that, in regard to imports of PET film from the five Indian exporting producers from whom undertakings were accepted by Commission Decision 2001/645/EC, the level of the measures is no longer sufficient to counteract the injurious dumping.

On the basis of a comparison of export prices to the Community of the above-mentioned exporting producers with their domestic prices and constructed normal value, the applicants allege that dumping margins calculated would be higher than those found in the previous investigation that lead to the existing measures.

Given the high level of co-operation by the exporters in the investigation which lead to the imposition of the existing measures, the residual duty was fixed on the basis of the highest rate established for the sampled co-operating producers (4). Since all of these producers will be investigated on the basis of this notice or are currently under investigation (5), and a vast majority of exports of the product concerned from India into the EU are covered by these companies, the Commission considers it appropriate to also examine whether the residual duty rate should be modified.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of a partial interim review, the Commission hereby initiates a review in accordance with Article 11(3) of the basic Regulation, limited to dumping of the five Indian exporting producers from whom undertakings were accepted and to the level of the residual duty.

The investigation will assess the need for the continuation, removal or amendment of the level of the existing measures.

(a)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the exporting producers in India and to the Indian authorities. This information and supporting evidence should reach the Commission within the time limit set in point 6(a) of this notice.

(b)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in paragraph 6(a) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in paragraph 6(b) of this notice.

6.   Time limits

(a)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

(b)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labeled as ‘Limited’ (6) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labeled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

8.   Non-co-operation

In cases in which any interested party refuses access to or otherwise does not provide the necessary information within the 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.

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. If an interested party does not cooperate or cooperates only partially, the result may be less favorable to the party than if it had cooperated.

(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)  OJ L 227, 23.8.2001, p. 1.

(3)  OJ L 227, 23.8.2001, p. 56.

(4)  Regulation (EC) No 1676/2001, recital 77.

(5)  Commission Notice 2004/C 43/11 (OJ C 43, 19.2.2004, p. 14).

(6)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).