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24.2.2011 Official
Journal
of
the
European
Union
L
49/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 167/2011
of 21 February 2011
terminating the partial interim review of the anti-dumping measures applicable to imports of certain
polyethylene terephthalate originating, inter alia, in the Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
(3) The
request
was
limited
in
scope
to
the
examination
of
dumping as far as the exporting producer KP Chemical
Group, composed of Honam Petrochemicals Corp. and
KP Chemical Corp. (KP Chemical Group), is concerned,
Having regard to the Treaty on the Functioning of the European
and of certain injury aspects.
Union,
Having regard to Council Regulation (EC) No 1225/2009 of
(4) The
applicant
provided prima facie evidence showing that,
30 November 2009 on protection against dumped imports
as far as KP Chemical Group is concerned, the continued
from countries not members of the European Community ( 1 )
imposition of the measure at the current level of zero, is
(the basic Regulation), and in particular Article 11(3) and (6)
no longer sufficient to counteract the current injurious
thereof,
dumping.
Having regard to the proposal submitted by the European
3. Initiation of a partial interim review
Commission after consulting the Advisory Committee,
(5) Having
determined,
after
consulting
the
Advisory
Committee, that sufficient evidence existed to justify
the initiation of a partial interim review, the Commission
Whereas:
announced, by a notice published in the Official Journal of
the European Union ( 3 ) the initiation of a partial interim
review in accordance with Article 11(3) of the basic
A. PROCEDURE
Regulation, limited to the examination of dumping and
of certain injury aspects insofar as the KP Chemical
1. Measures in force
Group is concerned.
(1)
The measures currently in force are a definitive anti-
dumping duty imposed by Council Regulation (EC) No
192/2007 ( 2 ) on imports of certain polyethylene tereph
4. Product concerned and like product
thalate originating, inter alia, in the Republic of Korea
(South Korea). For the Korean companies with individual
(6) The
product
under
review
is
polyethylene
terephthalate
duties, the duties in force are zero. The residual duty is
having a viscosity number of 78 ml/g or higher,
148,3 EUR/tonne.
according to the ISO Standard 1628-5, currently falling
within CN code 3907 60 20 and originating in South
Korea (the product concerned).
2. Request for a review
(2) A
request
for
a
partial
interim
review
pursuant
to
Article 11(3) of the basic Regulation was lodged by the
(7) The
product
concerned
and
sold
on
the
Korean
domestic
Polyethylene Terephthalate (PET) Committee of Plastic
market and that exported to the Union has the same
sEurope (the applicant), representing seven Union
basic physical, technical and chemical characteristics
producers.
and uses and is therefore considered to be alike within
the meaning of Article 1(4) of the basic Regulation.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 59, 27.2.2007, p. 1.
( 3 ) OJ C 47, 25.2.2010, p. 24.

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L 49/2
EN
Official Journal of the European Union
24.2.2011
5. Parties concerned
sufficient sales in the ordinary course of trade, normal
value was based on the actual domestic price of
(8) The
Commission
officially
advised
the
exporting
profitable sales.
producer, representatives of the exporting country,
Union producers and the applicant of the initiation of
the partial interim review. Interested parties were given
the opportunity to make their views known in writing
Export price
and to request a hearing within the time-limit set in the
notice of initiation. All interested parties who so
(13) As
the
product
concerned
was
exported
directly
to
inde
requested and showed that there were particular
pendent customers in the Union, the export price was
reasons why they should be heard, were granted a
established in accordance with Article 2(8) of the basic
hearing.
Regulation, i.e. on the basis of the export price actually

paid or payable.
Comparison
(9) The
Commission
sent
questionnaires
to
the
exporting
producer and the Union industry and received replies
(14) The
comparison
between
normal
value
and
export
price
within the deadlines set for that purpose. The
was made on an ex-works basis.
Commission sought and verified all information
deemed necessary. The Commission carried out verifi
cation visits at the premises of the KP Chemical Corp.,
(15) For
the
purpose
of
ensuring
a
fair
comparison
between
South Korea; Honam Petrochemicals Corp, South Korea;
the normal value and the export price, due allowance in
Novapet SA, Spain; Equipolymers Srl, Italy; UAB Orion
the form of adjustments was made for differences
Global PET (Indorama), Lithuania; UAB Indorama
affecting prices and price comparability in accordance
Polymers Europe, Lithuania; UAB Neo Group, Lithuania;
with Article 2(10) of the basic Regulation. Allowances
La Seda de Barcelona, S.A., Spain and M&G Polimeri
for differences in transport costs, freight and insurance
Italia SpA, Italy.
costs, bank charges, packing costs and credit costs were
granted where they were found to be reasonable, accurate
and supported by verified evidence.
6. Review investigation period
Dumping margin
(10) The
investigation
of
dumping
covered
the
period
from
1 January 2009 to 31 December 2009 (review investi
(16) Pursuant
to
Article
2(11)
and
(12)
of
the
basic
Regu
gation period).
lation, the dumping margin was established on the
basis of a comparison of the weighted average normal
value with the weighted average export price as estab
lished above.
B. RESULTS OF THE INVESTIGATION
Normal value
(17) The
dumping
margin
thus
calculated
is
less
than
2
%,
expressed as a percentage of the net, free-at-Union-
(11) As far as the determination of normal value is concerned,
frontier price, duty unpaid, and shall therefore be
the Commission first established whether the total
considered de minimis in accordance with Article 9(3)
domestic sales of the product concerned made by KP
of the basic Regulation.
Chemical Group were representative in comparison
with its total export sales to the Union. In accordance
with Article 2(2) of the basic Regulation, domestic sales
are considered representative when the total domestic
C. LASTING NATURE OF CIRCUMSTANCES
sales volume is at least 5 % of the total export sales
(18) Like
the
previous
interim
review
which
resulted
in
Regu
volume to the Union. The Commission established that
lation (EC) No 192/2007, the present interim review
the product concerned, which was considered a
showed a dumping margin at a de minimis level for the
homogenous product and not subdivided into different
KP Chemical Group.
product types, was sold domestically by KP Chemical
Group in overall representative volumes.
(19) No
indications
were
found
that
this de minimis margin
would not be of a lasting nature, as the KP Chemical
Group has been found to operate at a very high capacity
(12) An examination was also made as to whether the sales of
utilisation rate (almost 100 %). In addition, the KP
the product concerned sold domestically in representative
Chemical Group has no plans to increase their
quantities could be regarded as having been made in the
production capacity in South Korea. Indeed, the KP
ordinary course of trade, by establishing the proportion
Chemical Group has acquired a production plant within
of profitable sales to independent customers on the
the Union and is more likely to decrease its exports from
domestic market. As it was found that there were
South Korea.

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EN
24.2.2011 Official
Journal
of
the
European
Union
L
49/3
(20) Therefore the circumstances under which the dumping
F. FINAL PROVISION
margin has been calculated in this investigation can be
considered to be of a lasting nature.
(23) This
review
should
therefore
be
terminated
without
any
amendment to Regulation (EC) No 192/2007,
D. TERMINATION OF THE REVIEW
HAS ADOPTED THIS REGULATION:
(21) In light of the above findings, the present review should
be terminated without amending the level of the duty
applicable to KP Chemical Group. In these circumstances,
Article 1
the injury aspects do not need to be addressed.
The partial interim review of the anti-dumping measures
applicable to imports of certain polyethylene terephthalate orig
E. DISCLOSURE
inating, inter alia, in the Republic of Korea, is hereby terminated
without amending the measures in force.
(22) Interested
parties
were
informed
of
the
essential
facts
and
considerations on the basis of which it was intended to
terminate the present partial interim review. All parties
Article 2
were given the opportunity to comment. Comments
were received from the Union industry, which however,
This Regulation shall enter into force on the day following its
were not of a nature to change the above conclusions.
publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 February 2011.
For the Council
The President
MARTONYI J.

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