5.11.2008   

EN

Official Journal of the European Union

L 296/1

5.11.2008   

EN

Official Journal of the European Union

L 296/3

(1)

Article 5(7)(d) of Commission Regulation (EC) No 1100/2006 of 17 July 2006 laying down, for the marketing years 2006/07, 2007/08 and 2008/09, detailed rules for the opening and administration of tariff quotas for raw cane-sugar for refining, originating in least developed countries, as well as detailed rules applying to the importation of products of tariff heading 1701 originating in least developed countries (3), limits the applications for import licenses of sugar from Least Developed Countries (LDC) to ‘approved operators’.

(2)

Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (4) (GSP Regulation) provides for a more inclusive definition: ‘the applicant’. However, the amendment it introduces will become applicable only from 1 January 2009, at the start of application of the new period of the GSP Regulation, and not from the beginning of the next marketing year for sugar, which starts on 1 October 2008. In order to avoid discrimination between operators willing to supply the market, the new definition shall coincide with the starting of the marketing year of sugar. Regulation (EC) No 1100/2006 should therefore be amended accordingly.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Generalised Preferences Committee.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

5.11.2008   

EN

Official Journal of the European Union

L 296/4

(1)

Article 172(1) of Regulation (EC) No 1234/2007, which has repealed Council Regulation (EEC) No 2931/79 (2) as from 1 January 2008, provides that when agricultural products are exported which may, in accordance with agreements concluded by the Community, benefit from a special treatment on importation into a third country if certain conditions are respected, the competent authorities of the Member States have to, on request and after appropriate checks, issue a document certifying that the conditions have been met. In accordance with that Regulation, Commission Regulations (EEC) No 2968/79 (3) and (EEC) No 1552/80 (4) require exporters to present a certificate attesting that the cheese complies with the definition provided for in those Regulations, in order to benefit from free and unlimited access respectively in the USA and in Australia.

(2)

The USA competent import authorities have confirmed that they verify the classification of those cheeses on import by visual examination and laboratory analysis of samples and that the certificate referred to in Article 1 of Regulation (EEC) No 2968/79 is no longer required.

(3)

In the same context the Australian competent authorities have confirmed that, in order to allow free of any quantitative restrictions the import of certain types of Community cheeses referred to in Article 1 of Regulation (EEC) No 1552/80, they will no longer require the certificate of identity and origin.

(4)

Regulations (EEC) No 2968/79 and (EEC) No 1552/80 should therefore be repealed.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

5.11.2008   

EN

Official Journal of the European Union

L 296/5

(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 Eastman Chemical (Malaysia) SDN.BHD (the applicant), an exporting producer in Malaysia (the country concerned).

(2)

The product under review is polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to ISO Standard 1628-5 originating in Malaysia (the product concerned), currently classifiable within CN code 3907 60 20.

(3)

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 192/2007 (2) under which imports into the Community of the product concerned originating in Malaysia, and produced by the applicant, are subject to a definitive antidumping duty of EUR 160,1/t with the exception of several companies specially mentioned which are subject to individual duties.

(4)

The applicant alleges that it did not export the product concerned to the Community during the period of investigation on which the anti-dumping measures were based, i.e. the period from 1 October 1998 to 30 September 1999 (the original investigation period) and that it is not related to any of the exporting producers of the product which are subject to the above mentioned anti-dumping measures.

(5)

The applicant further alleges that it began exporting the product concerned to the Community after the end of the original investigation period.

(6)

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.

(7)

Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a ‘new exporter’ review, pursuant to Article 11(4) of the basic Regulation, with a view to determine the applicant’s individual margin of dumping and, should dumping be found, the level of the duty to which their imports of the product concerned into the Community should be subject.

(8)

If it is determined that the applicant fulfils the requirements to have an individual duty established, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from companies not individually mentioned in Article 1 of Regulation (EC) No 192/2007.

(9)

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 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 applicants, anti-dumping duties can be levied retroactively from the date of the initiation of this review. The amount of the applicant possible future liabilities cannot be estimated at this stage of the proceeding.

(10)

In the interest of sound administration, time limits should be stated within which:

(11)

In cases in which any interested party refuses access to or 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.

(12)

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and findings are therefore based on the facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

(13)

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3).

(14)

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of DG Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this investigation, in particular with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer’s web pages on the website of DG Trade (http://ec.europa.eu/trade),

European Commission

Directorate-General for Trade

Directorate H

Office: N-105 4/92

B-1049 Brussels

Fax (32-2) 295 65 05

5.11.2008   

EN

Official Journal of the European Union

L 296/s3