Commission Regulation (EC) No 1069/97 of 12 June 1997 imposing a provisional anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan

• Published date: 13 June 1997
• Subject Matter: Commercial policy,Dumping
• Official Gazette Publication: Official Journal of the European Communities, L 156, 13 June 1997

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Commission Regulation (EC) No 1069/97 of 12 June 1997 imposing a provisional anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan

Official Journal L 156 , 13/06/1997 P. 0011 - 0033

COMMISSION REGULATION (EC) No 1069/97 of 12 June 1997 imposing a provisional anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan

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) as amended by Regulation (EC) No 2331/96 of 2 December 1996 (2), and in particular Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1) On 13 September 1996, the Commission announced by a notice published in the Official Journal of the European Communities (3) the initiation of an anti-dumping proceeding with regard to imports into the Community of cotton-type bed linen originating in Egypt, India and Pakistan and commenced an investigation.

(2) The proceeding was initiated as a result of a complaint lodged on 30 July 1996 by the Committee of the Cotton and allied Textile Industries of the European Communities (Eurocoton), on behalf of Community producers representing a major proportion of Community production of cotton-type bed linen. The complaint contained evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding.

(3) The Commission officially advised the producers/exporters and importers known to be concerned as well as their associations, the representatives of the exporting countries and the complainants about the initiation of the proceeding.

(4) Interested parties were given the opportunity to make their views known in writing and to request a hearing. A number of producers/exporters in the countries concerned, as well as Community producers, importers, traders and one consumer organization made their views known in writing. All parties who so requested were granted a hearing.

(5) In view of the large number of Community producers expressly supporting the complaint, the Commission decided to make use of sampling techniques and sent questionnaires to and received detailed information from a representative sample of Community producers, as set out in recitals (58) to (61).

(6) In view of the large number of producers/exporters in the exporting countries concerned, sampling was also used with regard to them and the Commission sent questionnaires to and received detailed information from a representative sample of producers/exporters, as set out in recitals (15) to (21).

(7) The Commission sent questionnaires to fourteen importers known to be concerned and only received replies from three.

In addition, the Commission sent out questionnaires to 28 large purchasers of bed linen including wholesalers, retailers and mail order companies in order to take account of their economic interests and to assess the likely effects on them and on their purchasing decisions. However, only four replied to the questionnaire.

(8) The Commission sought and verified all the information it deemed necessary for the purpose of a preliminary determination of dumping and injury, including the carrying out of verification visits at the premises of the following sampled companies:

(a) Community producers

Germany

- Bierbaum Textilwerke GmbH & Co KG, Borken,

- Irisette GmbH & Co KG, Zell im Wiesental,

- Gunter Meckelholt GmbH, Bocholt,

- Wilh. Wulfing GmbH & Co, Borken,

- Luxorette GmbH, Wendlingen;

France

- Société Industrielle Mulliez Frères SA, Roubaix,

- Hacot Colombier SA, Houplines,

- Éts Vanderschooten, Nieppe,

- Joseph Hacot SA, La Gorgue,

- Groupe Fremaux SA, Haubourdin,

- C Bera SA, Noyelles-sur-Selle,

- Jalla SA, Paris;

Italy

- Vincenzo Zucchi SpA, Milan,

- Bassetti SpA, Milan,

- Bossi SpA, Mortara,

- Gabel Industria Tessile SpA, Rovellasca;

Portugal

- Lameirinho Indústria Têxtil SA, Pevidém;

(b) producers/exporters

Egypt

- Damietta Spinning & Weaving Co., Damietta,

- El Nasr Wool and Selected Textiles Co (STIA), Alexandria,

- Orient Linen & Cotton Co., Alexandria,

- Stephanie Textile, Cairo;

India

- Anglo French Textiles, Pondicherry,

- Madhu Industries Ltd, Ahmedabad,

- Madhu International, Ahmedabad,

- Omkar Exports, Ahmedabad,

- Prakash Cotton Mills Ltd, Bombay,

- The Bombay Dyeing & Manufacturing Co Ltd, Bombay,

- Nowrosjee Wadia & Sons Ltd, Bombay;

Pakistan

- Al-Abid Silk Mills Ltd, Karachi,

- Al-Abid Export (Pvt) Ltd, Karachi,

- Al-Karam Textile Mills (Pvt) Ltd, Karachi,

- Fateh Textile Mills, Hyderabad,

- Gul Ahmed Textiles Mills Ltd, Karachi,

- Excel Textile Mills Ltd, Karachi,

- Mohammad Farooq Textile Mills Ltd, Karachi;

(c) related importer

- Barkat Limited, Brentford, United Kingdom.

(9) The investigation of dumping covered the period from 1 July 1995 to 30 June 1996 (hereinafter referred to as 'the investigation period`). The examination of injury covered the period from 1992 up to the end of the investigation period.

B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT

1. Product under consideration

(10) The proceeding covers bed linen of cotton-type fibres, pure or mixed with man-made fibres or flax, bleached, dyed or printed. Bed linen includes bed sheets, duvet covers and pillow cases, packaged for sale either separately or in sets.

The fabrics made of cotton-type fibres used to produce bed-linen are identified by two pairs of numbers. The first one indicates the count (or weight) of yarns employed respectively for the warp and for the weft. The second one indicates the number of threads per centimetre or per inch respectively of the warp and of the weft.

The fabrics are bleached, dyed or printed. Then they are cut and stitched into different size flat sheets, fitted sheets, duvet covers and pillow cases. The final product is packaged for sale either separately or in sets.

Notwithstanding the different possible product types due to different weaving construction, finish of the fabric, presentation and size, packing, etc., all of them constitute a single product for the purpose of this proceeding because they have the same physical characteristics and essentially the same use.

2. Like product

(11) The Commission examined whether cotton-type bed linen produced by the Community industry and sold on the Community market, as well as cotton-type bed linen produced in Egypt, India and Pakistan and sold on the Community market and on their domestic markets were alike.

(12) The representatives of certain interested parties requested that bleached bed linen should be excluded from the scope of the current proceeding on the grounds that it should not be treated as a like product. They claimed that bleached bed linen is technically different from printed and/or dyed bed linen, that it is not substitutable with Community production which is based on printed and/or dyed bed linen and that it has different end users (hospitals and hotels).

(13) The investigation revealed that although there are different processes in finishing the fabrics (bleaching, dying, printing), products of all finishes are substitutable and compete with each other on the Community market. This is supported by the fact that retailers are buying all types of bed linen (bleached, dyed and printed). It was also found that there is production in the Community of bleached bed linen and that certain types of the product are not used exclusively by any particular category of users.

(14) The Commission concluded that although there were differences in the mix of products produced in the Community and that sold for export to the Community or sold domestically in the countries concerned, there were no differences in the basic characteristics and uses of the different types and qualities of bed linen of cotton-type fibres. Therefore domestic and export types in the countries concerned and types produced in the Community were considered like products within the meaning of Article 1 (4) of Regulation (EC) No 384/96 (hereinafter referred to as 'the basic Regulation`).

C. SAMPLING OF EXPORTERS/PRODUCERS IN THE COUNTRIES OF ORIGIN

1. General

(15) In view of the large number of exporters in the countries concerned, the Commission decided to apply sampling techniques in accordance with Article 17 of the basic Regulation.

In order to enable the Commission to select a sample, exporters and representatives acting on their behalf, were, pursuant to Article 17 (2) of the basic Regulation, requested to make themselves known within three weeks of the initiation of the proceeding and to provide basic information on their export and domestic turnover, the stages of production performed and the names and activities of all related companies in the bed linen sector. The authorities of the countries concerned were in this context also contacted by the Commission.

2. Pre-selection of the sample

(16) The companies which identified themselves, provided the requested information within the three weeks period and had exported the product concerned to the Community during the investigation period, were considered as cooperating companies and were taken into account in the selection of the sample.

These companies represented approximately 100 %, 82 % and 77 % of the total exports to the Community from Egypt, India and Pakistan respectively.

(17) The companies which were not finally retained in the sample, were informed that any anti-dumping duty on their exports would be calculated in accordance with the provisions of Article 9 (6) of the basic Regulation, i.e. without exceeding the weighted average margin of dumping established for the companies in the sample.

(18) The companies which did...