L_2007059EN.01000101.xml
| 27.2.2007 | EN | Official Journal of the European Union | L 59/1 |
COUNCIL REGULATION (EC) No 192/2007
of 22 February 2007
imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan following an expiry review and a partial interim review pursuant to Article 11(2) and Article 11(3) of Regulation (EC) No 384/96
THE COUNCIL OF THE EUROPEAN UNION,
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’), and in particular Articles 11(2) and 11(3) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
A. PROCEDURE
1. Measures in force
| (1) | On 27 November 2000, the Council imposed, by Regulation (EC) No 2604/2000 (2), definitive anti-dumping duties on imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand (the countries concerned). The measures imposed had been based on an anti-dumping investigation (the original investigation) initiated pursuant to Article 5 of the basic Regulation. |
| (2) | On 13 August 2004, the Council imposed, by Regulation (EC) No 1467/2004 (3), definitive anti-dumping duties on imports of certain PET originating in Australia and the People's Republic of China (PRC) and terminated the proceeding on imports of PET originating in Pakistan. |
| (3) | The amendments made to Regulation (EC) No 2604/2000 were the results of either review investigations initiated pursuant to Article 11(3) and (4) of the basic Regulation or of price undertakings being accepted under Article 8(1) thereof. |
2. Request for reviews
| (4) | Following the publication of a notice of impending expiry (4), the Commission, on 30 August 2005, received a request to review the measures in force pursuant to Article 11(2) of the basic Regulation (expiry review), and to partially review the measures imposed on imports from Taiwan and on imports from three exporting producers in the Republic of Korea pursuant to Article 11(3) of the basic Regulation (partial interim review). |
| (5) | The request was lodged by the Polyethylene Terephthalate Committee of Plastics Europe (the applicant) on behalf of producers representing a major proportion, in this case more than 90 %, of total Community production of PET. |
| (6) | The request for the expiry review was based on the grounds that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury to the Community industry. |
| (7) | The request for the partial interim review of the measures on imports from Taiwan and imports originating from three exporting producers in the Republic of Korea (Daehan Synthetic Fiber Co. Ltd, SK Chemicals Co. Ltd and KP Chemical Corp.) was based on the grounds that the level of the measures was not sufficient to counteract the injurious dumping. |
| (8) | Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of the two reviews, pursuant to Articles 11(2) and 11(3) of the basic Regulation respectively, the Commission initiated these reviews on 1 December 2005 (5). |
| (9) | A Notice regarding the scope of the interim review was published in the Official Journal on 2 June 2006 (6) making clear that the scope of the partial interim review also included all related companies. |
3. Parallel investigation
| (10) | On 1 December 2005, the Commission also initiated a review pursuant to Article 18 of Council Regulation (EC) No 2026/97 (7) on the countervailing measures in force on imports of PET originating in India. |
4. Parties concerned by the investigation
| (11) | The Commission officially advised the exporting producers, the representatives of the exporting countries, importers, Community producers, users and the applicant of the initiation of the expiry review and the partial interim review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation. All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing. |
| (12) | In view of the apparent large number of Indian, Indonesian, Korean and Taiwanese exporting producers as well as Community producers and importers listed in the request for the expiry review and the number of Taiwanese exporting producers listed in the request for the interim review, it was considered appropriate, in conformity with Article 17 of the basic Regulation, to examine whether sampling should be used. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, the parties were requested, pursuant to Article 17(2) of the basic Regulation, to make themselves known within 15 days of the initiation of the reviews and to provide the Commission with the information requested in the notice of initiation. |
| (13) | After examination of the information submitted, given the low number of exporting producers in India, Indonesia, the Republic of Korea and Taiwan indicating their willingness to cooperate, it was decided that sampling was not necessary as regards exporting producers in these four countries. |
| (14) | Having examined the information submitted by Community producers and importers, and considering that their number was not excessive, it was decided to include all of them and that sampling was not necessary. |
| (15) | Questionnaires were therefore sent to all known exporting producers in the countries concerned, importers, suppliers, Community producers and users. |
| (16) | Replies to the questionnaires were received from:
| — | three exporting producers in India, |
| — | three exporting producers in Indonesia (although only two of these decided to accept a verification visit), |
| — | two exporting producers in Malaysia, |
| — | four exporting producers in the Republic of Korea, |
| — | three exporting producers in Taiwan (although only two of these decided to accept a verification visit), |
| — | one exporting producer in Thailand, |
| — | two suppliers in the Community, |
| — | 12 Community producers, | It was also found that one non-cooperating Indonesian exporting producer had changed its name since the publication of the measures in force. This concerned P.T. Bakrie Kasei Corp. to P.T. Mitsubishi Chemical Indonesia. |
| (17) | The Commission sought and verified all the information it deemed necessary for its analysis and carried out verification visits at the premises of the following companies:
| (a) | India
| | Exporting producers
| — | Pearl Engineering Polymers Ltd, Delhi, |
| — | SENPET, formerly Elque Polyesters Ltd, Calcutta, |
| — | Futura Polyesters Ltd, Chennai; | |
| | Related exporter
| — | Plastosen Ltd, Calcutta, (related to SENPET, formerly Elque Polyesters Ltd); | | |
| (b) | Indonesia Exporting producers
| — | P.T. Polypet Karyapersada, Jakarta, |
| — | P.T. Petnesia Resindo, Tangerang; | |
| (c) | Malaysia Exporting producers
| — | MPI Polyester Industries Sdn. Bhd., Selangor, |
| — | Hualon Corporation (M) Sdn. Bhd. Kuala Lumpur; | |
| (d) | Republic of Korea
| | Exporting producers
| — | SK Chemicals Co. Ltd, Seoul, |
| — | Huvis Corp., Seoul (related to SK Chemicals Co Ltd), |
| — | KP Chemicals Corp., Seoul, |
| — | Honam Petrochemicals Corp., Seoul (related to KP Chemicals Co Ltd); | |
| | Related traders/importers located in the Republic of Korea
| — | SK Networks Ltd, Seoul (related to SK Chemicals Co Ltd), |
| — | Lotte Trading Ltd, Seoul, Republic of Korea (related to KP Chemicals Co Ltd), |
| — | Lotte Daesan Ltd, Seoul, Republic of Korea (related to KP Chemicals Co Ltd); | |
| | Related traders/importers located in the Community
| — | SK Networks Deutschland GmbH, Frankfurt/Main, Germany (related to SK Chemicals Co Ltd), |
| — | SK Eurochem, Warsaw, Poland (related to SK Chemicals Co Ltd); | | |
| (e) | Taiwan Exporting producers
| — | Shinkong Synthetic Fibers Corporation, Taipei, |
| — | Far Eastern Textile Ltd, Taipei; | |
| (f) | Thailand Exporting producer
| — | Bangkok Polyester Public company Ltd, Bangkok, Thailand; | |
| (g) | Community producers
| — | Voridian BV (The Netherlands), |
| — | M & G Polimeri Italia Spa (Italy), |
| — | Equipolymers Srl (Italy), |
| — | La Seda de Barcelona SA (Spain), |
| — | Selenis Industria de Polímeros SA (Portugal), |
| — | Selenis Itália Spa (Italy); | |
| (i) | Unrelated importers in the Community
| — | Global Service International SRL (Italy); | |
| (j) | Community users
| — | Coca Cola Enterprises Europe Ltd (Belgium). | | |
| (18) | The investigation of the likelihood of continuation and/or recurrence of dumping and injury for the expiry review covered the period from 1 October 2004 to 30 September 2005 (RIP). The examination of trends relevant for the assessment of the likelihood of a continuation or |
...
