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C 26/2 EN Official Journal of the European Communities 26.1.

2001

Notice of initiation of an interim review of the anti-dumping measures applicable to imports of
sacks and bags made of polyethylene or polypropylene originating, inter alia, in India

(2001/C 26/02)

The Commission has received a request for a partial interim 5. Procedure
review pursuant to Article 11(3) of Council Regulation (EC) No
384/96 (1), as last amended by Regulation (EC) No Having determined, after consulting the Advisory Committee,
2238/2000 (2) — (‘the Basic Regulation’) of the measures that sufficient evidence exists for the initiation of an interim
imposed on imports of sacks and bags made of polyethylene review, the Commission hereby initiates a review pursuant to
or polypropylene originating, inter alia, in India. Article 11(3) of the Basic Regulation, limited in scope to the
examination of dumping of exports originating in India.

1. Request for review This investigation will assess the need for the continuation,
removal or amendment of the existing measures.
The request for review pursuant to Article 11(3) of the Basic
Regulation was made by the European Association for Textile
Polyolefins (‘the applicant’), on behalf of European producers
representing a major proportion, in this case 65 %, of the total (a) Sampling for investigation of dumping
Community production of polyethylene or polypropylene. The
request is limited in scope to the examination of dumping of The Commission services have determined that the number
exports originating in India. of exporters of the product concerned in India has
increased significantly since the original measures were
imposed: firstly, the Commission services have been
contacted by 39 companies requesting an individual duty;
2. Product secondly, the experience of the Community producers
would lead to the conclusion that there are actually more
The product concerned is woven sacks and bags of a kind used than 50 companies in India concerned by the investigation.
for the packaging of goods not knitted or crocheted, obtained
from a polyethylene or polypropylene strip or the like of
woven fabrics, weighing 120 g/m2 or less. This product is Therefore, in view of the number of parties involved in this
currently classifiable within CN codes 6305 32 81, review, the Commission may decide to apply sampling in
6305 33 91, ex 3923 29 10, ex 3923 29 10 and accordance with Article 11(9) in connection with Article 17
ex 3923 29 90. These CN codes are only given for of the Basic Regulation.
information.

(i) Sampling for exporters/producers in India
3. Existing measures
In order to enable the Commission to decide whether
The measures currently in force are a definitive anti-dumping sampling is necessary and, if so, to select a sample, all
duty imposed by Regulation (EC) No 1950/97 (3) on imports of exporters/producers, or representatives acting on their
sacks and bags made of polyethylene and polypropylene orig- behalf, are hereby requested to make themselves known
inating in India, as last amended by Regulation (EC) to the Commission and to provide the following
2744/2000 (4). information on their company or companies within
15 days of the date of publication of this notice:

4. Grounds for the review — name, address, e-mail address, telephone, and fax,
and/or telex numbers and contact person,
The request for the interim review is based on the evidence
provided by the applicant that the circumstances with regard to
dumping have changed significantly and that the existing — the turnover in local currency and the volume in
measures are no longer sufficient to counteract dumping. units and kg of the product concerned sold for
export to the Community during the period 1
December 1999 to 30 November 2000,
The allegation of increased dumping is based on a comparison
of a constructed normal value with the export prices of the
product concerned to the Community. On this basis, the — if the company intends to claim an individual
dumping margins calculated are significantly higher than the margin (individual margins can only be claimed by
dumping found in the previous investigations. producers),

(1) OJ L 56, 6.3.1996, p. 1. — the turnover in local currency and the volume in
(2) OJ L 257, 11.10.2000, p. 2. units and kg of the product concerned sold on the
(3) OJ L 276, 9.10.1997, p. 1. domestic market during the period 1 December
(4) OJ L 316, 15.12.2000, p. 67. 1999 to 30 November 2000,
26.1.2001 EN Official Journal of the European Communities C 26/3

— the precise activities of the company with regard to Exporters/producers in India claiming an individual margin,
the production of the product concerned and the with a view to the application of Articles 17(3) and 9(6) of
volume in units and kg of the product concerned the Basic Regulation, should request a questionnaire within
produced during the period 1 December 1999 to 30 the time limit set in point 6(a)(i), given that they have to
November 2000, submit a duly completed questionnaire within the general
time limit set in point 6(a)(ii) of this notice. However, such
parties should be aware that if sampling is applied to
— the names and the precise activities of all related exporting producers the Commission may decide not to
companies (1) involved in the production and/or grant them an individual margin, if it would be unduly
selling (export and/or domestic) of the product burdensome and would prevent the timely completion of
concerned, the investigation.

— any other relevant information that would assist the
Commission in the selection of the sample, (c) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
— an indication of whether the company or companies known, submit information other than questionnaire replies
agree to their inclusion in the sample, which implies and provide supporting evidence. This information and
replying to a questionnaire and accepting an supporting evidence has to reach the Commission within
on-the-spot investigation of their response. the time limit set in point 6(a)(ii) of this notice.

In order to obtain the information it deems necessary Furthermore, the Commission may hear interested parties,
for the selection of the sample of exporters/producers, provided that they make a request showing that there are
the Commission will, in addition, contact the auth- particular reasons why they should be heard. This request
orities of India and any known associations of must be made within the time limit set in point 6(a)(iii) of
exporters/producers. this notice.

(ii) Final selection of sample 6. Time limits
All interested parties wishing to submit any relevant
information regarding the selection of the sample (a) General time limits
must do so within the time limit set in point 6(b)(i)
of this notice.
(i) For parties to request a questionnaire

The Commission intends to make the final selection of Parties falling under second subparagraph of point 5(b)
the sample after having consulted the parties concerned of this notice should request a questionnaire as soon as
that have expressed their willingness to be included in possible, but not later than 15 days after the publi-
the sample. cation of this notice in the Official Journal of the
European Communities.

Companies included in the sample must reply to a
questionnaire within the time limit set in point 6(b)(ii) (ii) For parties to make themselves known and submit
and must cooperate within the framework of the inves- information
tigation.
All interested parties, if their representations are to be
taken into account during the review, must make
If sufficient cooperation is not forthcoming, the themselves known by contacting the Commission,
Commission will base its findings, in accordance with present their views and submit any other information
Articles 17(4) and 18 of the Basic Regulation, on the within 40 days of the date of publication of this notice
facts available. in the the Official Journal of the European Communities.
Parties falling under second subparagraph of point 5(b)
of this notice have to submit questionnaire replies
(b) Questionnaires within the aforementioned 40-day time limit.

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires Companies selected in a sample must submit ques-
to the sampled exporters/producers in India and to any tionnaire replies within the time limits specified in
association of exporters/producers, and to the authorities point 6(b)(ii) of this notice.
of India.

(1) For guidance on the meaning of related companies, please refer to (iii) Hearings
Article 143(1) of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code All interested parties may also apply to be heard within
(OJ L 253, 11.10.1993, p. 1). the same 40-day time limit.
C 26/4 EN Official Journal of the European Communities 26.1.2001

(b) Specific time limit in respect of sampling specified), and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of the interested party.
(i) All information relevant for the selection of the sample
should reach the Commission within 15 days of the Commission address for correspondence:
date of publication of this notice in the Official Journal
of the European Communities, given that the Commission European Commission,
intends to consult parties concerned that have Directorate-General for Trade,
expressed their willingness to be included therein on Directorates B and C,
the final selection of the sample within a period of TERV — 0/13
21 days of the publication of this notice in the Rue de la Loi/Wetstraat 200,
Official Journal of the European Communities. B-1049 Brussels
Fax (32-2) 295 65 05
Telex: COMEU B 21877.
(ii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date 8. Non-cooperation
of the notification of their inclusion in the sample.
In cases in which any interested party refuses access to or does
not provide the necessary information within the time limit, or
significantly impedes the investigation, findings, affirmative or
7. Written submissions, questionnaire replies and corre- negative, may be made in accordance with Article 18 of the
spondence Basic Regulation, on the basis of the facts available. Where it is
found that any interested party has supplied false or misleading
All submissions and requests made by interested parties must information, the information shall be disregarded and use may
be made in writing (not in electronic format, unless otherwise be made of the facts available.

Replacement of members of the Consumer Committee
(2001/C 26/03)

The Consumer Committee was set up by Commission Decision 2000/323/EC of 4 May 2000 (1)
By Decision of 23 January 2001, the Commission has appointed the following full and alternate members
of the Consumer Committee, to replace those previously appointed (2), for the remainder of the terms of
office of the members they replace:

For Denmark:
Member Alternate
(unchanged) Mr Villy DYHR

For ANEC:
Member Alternate
Mrs Gottlobe FABISCH Mr Gordon LANGMANN

(1) OJ L 111, 9.5.2000, p. 30.
(2) OJ C 267, 19.9.2000, p. 6.