EC, February 13, 2002, No 2002-C 39/05

THE COMMISSION OF THE EUROPEAN COMMUNITIES

The Commission has received a request for a partial interim review pursant to Article 11(3) of Council Regulation (EC) No 384-96 (1), as last amended by Regulation (EC) 2238-2000 (2) (the basic Regulation).

1. Request for review

The request was lodged by the Committee of the Cotton and Allied Textile Industries of the European Union (Eurocoton) (.the applicant.) on behalf of producers representing a major proportion of the total Community production of cotton-type bed linen.

2. Product

The product concerned is certain bed linen of cotton fibres, pure or mixed with manmade fibres or flax (flax not being the dominant fibre), bleached, dyed or printed originating in India, falling within CN codes ex 6302 21 00 (TARIC-codes 6302 21 00*81, 6302 21 00*89), ex 6302 22 90 (TARIC-code 6302 22 90*19), ex 6302 31 10 (TARIC-code 6302 31 10*90), ex 6302 31 90 (TARIC-code 6302 31 90*90) ex 6302 32 90 (TARIC-code 6302 32 90*19). These CN codes are given only for information.

3. Existing measures

The measures currently in force on imports of cotton-type bed linen originating, in India, are a definitive anti-dumping duty imposed by Council Regulation (EC) No 2398-97 (3), as last amended by Regulation (EC) No 1644-2001 (4) (.the amending Regulation.), by which the duty rates were amended and the collection of duties was suspended. The suspension followed a reassessment to the measures based on a panel report and an Appellate Body report adopted by the Dispute Settlement Body of the World Trade Organisation (WTO) on the case .European Communities . anti-dumping duties on imports of cotton-type bed linen from India..

4. Grounds for the review

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.

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 dumping margins calculated are significantly higher than the dumping found in previous investigations that led to the existing duty rates, as specified in the amending Regulation.

5. Procedure for the determination of dumping

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 11(3) of the basic Regulation. During the review the application of the anti-dumping duty shall remain suspended pursant to Article 2 of the amending Regulation.

(a) Sampling for investigation of dumping

In view of the apparent number of parties involved in this proceeding, the Commission may decide to apply sampling, in accordance with Article 17 of the basic Regulation.

(i) Sampling for exporters/producers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on theirbehalf, are hereby requested to make themselves known by contacting the Commission and providing the following information on their company or companies within the time limit set in point 6(b)(i) of this notice:

. name, address, e-mail address, telephone and fax, and/or telex numbers and contact person,

. the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period 1 January 2001 to 31 December 2001,

. a copy of the .Form of Registration-cum-membership Certificate. issued by .The Cotton Textiles Export Promotion Council.,

. the turnover in local currency and the volume in tonnes of the product concerned sold on the domestic market during the period 1 January 2001 to 31 December 2001,

. whether the company intends to claim for an individual margin,

. the names and the precise activities of all related companies (1) involved in the production and/or selling (export and/or domestic) of the product concerned,

. any other relevant information that would assist the Commission in the selection of the sample,

. an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of the exporting country, and any known associations of exporters/producers.

(ii) Final selection of the sample

All interested parties wishing to submit any relevant information regarding the selection of the sample must do so within the time limit set in point 6(b)(i) of this notice.

The Commission intends to make the final selection of the sample after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the sample must reply to a questionnaire within the time limit set in point 6(b)(ii) of this notice and must cooperate within the framework of the investigation.

If sufficient cooperation is not forthcoming, the Commission will base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available.

(b) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Community industry, to any association of producers in the Community, to the sampled exporters/producers in India to any association of exporters/producers, to the importers and to any association of importers which cooperated in the investigation leading to the measures subject to the present review, and to the authorities of the exporting country concerned.

Exporters in India claiming an individual margin, with a view to the application of Articles 17(3) and 9(6) of the basic Regulation, should request a questionnaire within the time limit set in point 6(a)(i) of this notice, given that they have to 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 exporting producers the Commission may decide not to grant them an individual margin, if it would be unduly burdensome and would prevent the timely completion of the investigation.

In any event, all parties should contact the Commission forthwith by fax in order to find out whether they are listed in the request and, if necessary, request a questionnaire within the time limit set in point 6(a)(i), given that the time limit set in point 6(a)(ii) of this notice applies to all interested parties.

(c) 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)(ii) 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(a)(iii) of this notice.

6. Time limits

(a) General time limits

(i) For parties to request a questionnaire

All interested parties who did not cooperate in the investigation leading to the measures subject to the present review should request a questionnaire as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Communities.

(ii) 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 40 days of the date of publication of this notice in the Official Journal of the European Communities, 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 the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limit specified in point 6(b)(ii) of this notice.

(iii) Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

(b) Specific time limit in respect of sampling

(i) All information relevant for the selection of the sample

should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Communities, given that the Commission intends to consult parties concerned that have expressed their willingness to be included therein on the final selection of the sample within a period of 21 days of the publication of this notice in the Official Journal of the European Communites.

(ii) The questionnaire replies from sampled parties must

reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

7. Written submissions, questionnaire replies and correspondence

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, and/or telex numbers of the interested party. Commission address for correspondence:

European Commission Directorate-General for Trade Directorates B and C TERV 0-13 B-1049 Brussels Fax (32-2) 295 65 05 Telex: COMEU B 21877.

8. Non-cooperation

In cases in which any interested party refuses access to or otherwise 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 basis Regulation, on the basis of the facts available.

Where it is found any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available.

(1) OJ L 56, 6.3.1996, p. 1

(2) OJ L 257, 11.10.2000, p. 2.

(3) OJ L 332, 4.12.1997, p. 1.

(4) OJ L 219, 14.8.2001, p. 1.

(1) For guidance on the meaning of related companies, please refer to Article 143(1) of Commission Regulation (EEC) No 2454-93 concerning the implementation of the Community Customs Code (OJ L 253, 11.10.1993, p. 1).