Review of CVD on PET from India at EC
Notice
of initiation of a partial interim review of the countervailing measures
applicable to imports of certain polyethylene terephthalate
(PET) originating in India
(2011/C
102/08) dated 2.4.2011
The European Commission (‘Commission’) has
received a request for a partial interim review pursuant to Article 19 of
Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the
European Community ( 1 ) (‘the basic Regulation’).
The
request was lodged by Dhunseri Petrochem & Tea
Limited (‘the applicant’), an exporting producer from India.
The review is limited in scope to the examination of
subsidization as far as the applicant is concerned.
The
product under review is polyethylene terephthalate
(PET) having a viscosity of 78 ml/g or higher, according to the ISO Standard
1628-5, currently falling within CN code 3907 60 20 and originating in India
(‘the product concerned’).
The
measures currently in force are a definitive countervailing duty imposed by
Council Regulation (EC) No 193/2007 ( 2 ) on imports
of certain polyethylene terephthalate (PET)
originating in India as amended by Council Regulation (EC) No 1286/2008 ( 3 ).
The
applicant has provided prima facie evidence that, as far as the
applicant is concerned, the circumstances with regard to subsidisation
on the basis of which measures were imposed have changed significantly and that
these changes are of lasting nature.
The applicant alleges that the continued imposition of the
measure on imports of the product under review at its current level is no
longer necessary to offset the countervailable subsidisation. The applicant has provided sufficient evidence
that its subsidy amount has decreased well below the duty rate currently
applicable to it. This reduction in the overall subsidy level is mainly due to
the termination of its Export Oriented Unit Status.
In the light of the above, the Commission considers that, as
far as subsidisation of Dhunseri
Petrochem & Tea Limited is concerned, there is sufficient prima facie evidence
that the circumstances with regard to subsidisation
have changed significantly and are of a lasting nature and, therefore, the measures
should be reviewed.
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 19 of the basic Regulation
with a view to determining whether the measures should be removed or amended
for the applicant.
If so, it may be necessary to amend the rate of duty
currently applicable to imports of the product concerned from other companies
in India.
EN 2.4.2011 Official Journal of the European Union C 102/15
(a)
Questionnaires
In
order to obtain the information it deems necessary for its investigation, the
Commission will send questionnaires to the applicant and to the authorities of
the exporting country concerned. 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 point 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
point 6(b) of this notice.
(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 37 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
37-day time limit.
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 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 labelled as
‘Limited’ (1) and, in accordance with Article 29(2) of the basic Regulation, shall
be accompanied by a non-confidential version, which will be labelled
‘For inspection by interested parties’.
Commission
address for correspondence:
European
Commission
Directorate-General
for Trade
Directorate
H, Office: N105 04/092
1049
Bruxelles/Brussel
BELGIQUE/BELGIË
Fax
+32 22956505
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 28 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, in accordance with Article 28 of the basic Regulation, of the
facts available. If an interested party does not cooperate or cooperates only
partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.
The
investigation shall be concluded, according to Article 22(1) of the basic
Regulation, within 15 months of the date of the publication of this notice in
the Official Journal of the European Union.
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 of
the Council of 18 December 2000 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 (2).
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 the
Directorate-General for 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
proceeding, 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 the Directorate-General for Trade (http://ec.europa.eu/trade).
(1)
OJ L 188, 18.7.2009, p. 93.
(2)
OJ L 59, 27.2.2007, p. 34.
(3)
OJ L 340, 19.12.2008, p. 1.
(1)
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 regarding public access to European Parliament, Council and
Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential
document pursuant to Article 29 of the basic Regulation and Article 12 of the
WTO Agreement on Subsidies and Countervailing Measures.
(2)
OJ L 8, 12.1.2001, p. 1.