HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
10.4.2013 Official
Journal
of
the
European
Union L
101/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION REGULATION (EU) No 322/2013
of 9 April 2013
initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Implementing Regulation (EU) No 791/2011 on imports of certain open
mesh fabrics of glass fibres originating in the People’s Republic of China by imports of certain
open mesh fabrics of glass fibres consigned from India and Indonesia, whether declared as
originating in India and Indonesia or not, and making such imports subject to registration
THE EUROPEAN COMMISSION,
inating in the People’s Republic of China, currently
falling within CN codes ex
7019
51
00 and
Having regard to the Treaty on the Functioning of the European
ex 7019 59 00 (‘the product concerned’).
Union,
(4)
The product under investigation is the same as that
Having regard to Council Regulation (EC) No 1225/2009 of
defined in the previous recital, but consigned from
30 November 2009 on protection against dumped imports
India and Indonesia, whether declared as originating in
from countries not members of the European Community ( 1 )
India and Indonesia or not, currently falling within the
(‘the basic Regulation’), and in particular Articles 13(3) and
same CN codes as the product concerned (‘product under
14(5) thereof,
investigation’).
After having consulted the Advisory Committee in accordance
C.
with Articles 13(3) and 14(5) of the basic Regulation,
EXISTING MEASURES
(5) The
measures
currently
in
force
and
possibly
being
Whereas:
circumvented are anti-dumping measures imposed by
Council Implementing Regulation (EU) No 791/2011 ( 2 ).
A. REQUEST
D.
(1) The
European
Commission
(‘the
Commission’)
has
GROUNDS
received a request pursuant to Articles 13(3) and 14(5)
(6) The
request
contains
sufficient prima facie evidence that
of the basic Regulation to investigate the possible circum
the anti-dumping measures on imports of certain open
vention of the anti-dumping measures imposed on
mesh fabrics of glass fibres originating in the People’s
imports of certain open mesh fabrics of glass fibres orig
Republic of China are being circumvented by means of
inating in the People’s Republic of China and to make
transhipment via India and Indonesia.
imports of certain open mesh fabrics of glass fibres
consigned from India and Indonesia, whether declared
as originating in India and Indonesia or not, subject to
(7) The prima facie evidence submitted is as follows:
registration.
(8) The
request
shows
that
a
significant
change
in
the
(2) The
request
was
lodged
on
25
February
2013
by
Saint-
pattern of trade involving exports from the People’s
Gobain Adfors CZ spol. s.r.o., Tolnatext Fonalfeldolgozó,
Republic of China, India and Indonesia to the Union
Valmieras stikla iedra AS and Vitrulan Technical
has taken place following the imposition of measures
Textiles GmbH, four Union producers of certain open
on the product concerned, without sufficient due cause
mesh fabrics of glass fibres.
or economic justification for such a change other than
the imposition of the duty.
B. PRODUCT
(3) The
product
concerned
by
the
possible
circumvention
is (9) This
change
appears
to
stem
from
the
transhipment
of
open mesh fabrics of glass fibres, of a cell size of more
certain open mesh fabrics of glass fibres originating in
than 1,8 mm both in length and in width and weighing
the People’s Republic of China via India and Indonesia to
more than 35 g/m 2 , excluding glass fibre discs, orig
the Union.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 204, 9.8.2011, p. 1.

---

L 101/2
EN
Official Journal of the European Union
10.4.2013
(10) Furthermore,
the
request
contains
sufficient prima facie
(b) Collection of information and holding of hearings
evidence that the remedial effects of the existing anti-
dumping measures on the product concerned are being
(17) All
interested
parties
are
hereby
invited
to
make
their
undermined both in terms of quantity and price.
views known in writing and to provide supporting
Significant volumes of imports of the product under
evidence. Furthermore, the Commission may hear
investigation appear to have replaced imports of the
interested parties, provided that they make a request in
product concerned. In addition, there is sufficient
writing and show that there are particular reasons why
evidence that imports of the product under investigation
they should be heard.
are made at prices below the non-injurious price estab
lished in the investigation that led to the existing
measures.
(c) Exemption of registration of imports or measures
(18) In
accordance
with
Article
13(4)
of
the
basic
Regulation,
imports of the product under investigation may be
(11) Finally,
the
request
contains
sufficient prima facie evidence
exempted from registration or measures if the
that the prices of the product under investigation are
importation does not constitute circumvention.
dumped in relation to the normal value previously estab
lished for the product concerned.
(19) Since the possible circumvention takes place outside the
Union, exemptions may be granted, in accordance with
(12) Should
circumvention
practices
via
India
and
Indonesia
Article 13(4) of the basic Regulation, to producers in
covered by Article 13 of the basic Regulation, other than
India and Indonesia of open mesh fabrics of glass
transhipment, be identified in the course of the investi
fibres, of a cell size of more than 1,8 mm both in
gation, the investigation may also cover these practices.
length and in width and weighing more than 35 g/m 2 ,
excluding glass fibre discs, that can show that they are
not related ( 1 ) to any producer subject to the existing
measures ( 2 ) and that are found not to be engaged in
E. PROCEDURE
circumvention practices as defined in Article 13(1) and
(2) of the basic Regulation. Producers wishing to obtain
(13) In light of the above, the Commission has concluded that
an exemption should submit a request duly supported by
sufficient evidence exists to justify the initiation of an
evidence within the time limit indicated in Article 3(3) of
investigation pursuant to Article 13(3) of the basic Regu
this Regulation.
lation and to make imports of the product under inves
tigation, whether declared as originating in India and
Indonesia or not, subject to registration, in accordance
F. REGISTRATION
with Article 14(5) of the basic Regulation.
(20) Pursuant
to
Article
14(5)
of
the
basic
Regulation,
imports
of the product under investigation should be made
(a) Questionnaires
subject to registration in order to ensure that, should

the investigation result in findings of circumvention,
(14) In
order
to
obtain
the
information
it
deems
necessary
for
anti-dumping duties of an appropriate amount can be
its investigation, the Commission will send question
levied from the date on which registration of such
naires to the known exporters/producers and to the
imports consigned from India and Indonesia was
known associations of exporters/producers in India and
imposed.
Indonesia, to the known exporters/producers and to the
known associations of exporters/producers in the
( 1 ) In accordance with Article 143 of Commission Regulation (EEC) No
People’s Republic of China, to the known importers
2454/93 (OJ L 253, 11.10.1993, p. 1) concerning the implemen
and to the known associations of importers in the
tation of the Community Customs Code, persons shall be deemed to
Union and to the authorities of the People’s Republic
be related only if: (a) they are officers or directors of one another’s
businesses; (b) they are legally recognised partners in business; (c)
of China, India and Indonesia. Information, as appro
they are employer and employee; (d) any person directly or indi
priate, may also be sought from the Union industry.
rectly owns, controls or holds 5 % or more of the outstanding
voting stock or shares of both of them; (e) one of them directly
or indirectly controls the other; (f) both of them are directly or
indirectly controlled by a third person; (g) together they directly
(15) In
any
event,
all
interested
parties
should
contact
the
or indirectly control a third person; or (h) they are members of
Commission forthwith, but not later than the time
the same family. Persons shall be deemed to be members of the
limit set in Article 3 of this Regulation, and request a
same family only if they stand in any of the following relationships
to one another: (i) husband and wife; (ii) parent and child; (iii)
questionnaire within the time limit set in Article 3(1) of
brother and sister (whether by whole or half blood); (iv) grandparent
this Regulation, given that the time limit set in
and grandchild; (v) uncle or aunt and nephew or niece; (vi) parent-
Article 3(2) of this Regulation applies to all interested
in-law and son-in-law or daughter-in-law; (vii) brother-in-law and
parties.
sister-in-law. In this context ‘person’ means any natural or legal
person.
( 2 ) However, even if producers are related in the aforementioned sense
to companies subject to the existing measures on imports of the
product concerned originating in the People’s Republic of China, an
(16) The authorities of the People’s Republic of China, India
exemption may still be granted if there is no evidence that the
and Indonesia will be accordingly notified of the
relationship with the companies subject to the original measures
initiation of the investigation.
was established or used to circumvent the existing measures.

---

EN
10.4.2013 Official
Journal
of
the
European
Union L
101/3
G. TIME LIMITS
interested parties and the Commission investigation
services. The Hearing Officer reviews requests for access
(21) In
the interest of sound administration, time limits
to the file, disputes regarding the confidentiality of docu
should be stated within which:
ments, requests for extension of time limits and requests
by third parties to be heard. The Hearing Officer may
— interested parties may make themselves known to the
organise a hearing with an individual interested party and
Commission, present their views in writing and
mediate to ensure that the interested parties’ rights of
submit questionnaire replies or any other information
defence are being fully exercised.
to be taken into account during the investigation,
— producers in India and Indonesia may request
(29) A
request
for
a
hearing
with
the
Hearing
Officer
should
exemption from registration of imports or measures,
be made in writing and should specify the reasons for the
request. The Hearing Officer will also provide oppor
tunities for a hearing involving parties to take place
— interested parties may make a written request to be
which would allow different views to be presented and
heard by the Commission.
rebuttal arguments offered.
(22) Attention is drawn to the fact that the exercise of most
procedural rights set out in the basic Regulation depends
(30) For
further
information
and
contact
details
interested
on the party’s making itself known within the time limits
parties may consult the Hearing Officer’s web pages on
laid down in Article 3 of this Regulation.
the Directorate-General for Trade’s website: http://ec.
europa.eu/trade/tackling-unfair-trade/hearing-officer/
H. NON-COOPERATION
index_en.htm,
(23) In
cases
in
which
any
interested
party
refuses
access
to
or
does not provide the necessary information within the
HAS ADOPTED THIS REGULATION:
time limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in
accordance with Article 18 of the basic Regulation, on
Article 1
the basis of the facts available.
An investigation is hereby initiated pursuant to Article 13(3) of
Regulation (EC) No 1225/2009, in order to determine if
(24) Where
it
is
found
that
any
interested
party
has
supplied
imports into the Union of open mesh fabrics of glass fibres,
false or misleading information, the information shall be
of a cell size of more than 1,8 mm both in length and in width
disregarded and use may be made of facts available.
and weighing more than 35 g/m 2 , excluding fibreglass discs,
consigned from India and Indonesia, whether declared as orig
(25) If
an
interested
party
does
not
cooperate
or
cooperates
inating in India and Indonesia or not, currently falling within
only partially and findings are therefore based on the
CN codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes
facts available in accordance with Article 18 of the
7019 51 00 14,
7019 51 00 15,
7019 59 00 14
and
basic Regulation, the result may be less favourable to
7019 59 00 15), are circumventing the measures imposed by
that party than if it had cooperated.
Implementing Regulation (EU) No 791/2011.
I. SCHEDULE OF THE INVESTIGATION
Article 2
(26) The investigation will be concluded, pursuant to
Article 13(3) of the basic Regulation, within nine
The Customs authorities shall, pursuant to Articles 13(3) and
months of the date of the publication of this Regulation
14(5) of Regulation (EC) No 1225/2009, take the appropriate
in the Official Journal of the European Union.
steps to register the imports into the Union identified in
Article 1 of this Regulation.
J. PROCESSING OF PERSONAL DATA
Registration shall expire nine months following the date of
(27) It
is
noted
that
any
personal
data
collected
in
this
inves
tigation will be treated in accordance with Regulation
entry into force of this 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
The Commission, by regulation, may direct Customs authorities
data by the Community institutions and bodies and on
to cease registration in respect of imports into the Union of
the free movement of such data (
products manufactured by producers having applied for an

1 ).
exemption of registration and having been found to fulfil the
conditions for an exemption to be granted.
K. HEARING OFFICER
(28) Interested
parties
may
request
the
intervention
of
the
Article 3
Hearing Officer of the Directorate-General for Trade.
The Hearing Officer acts as an interface between the
1. Questionnaires
must
be
requested
from
the
Commission
within 15 days from publication of this Regulation in the
( 1 ) OJ L 8, 12.1.2001, p. 1.
Official Journal of the European Union.

---

L 101/4
EN
Official Journal of the European Union
10.4.2013
2. Interested
parties,
if
their
representations
are
to
be
taken interested parties may consult the relevant web page on the
into account during the investigation, must make themselves
website of the Directorate-General for Trade: http://ec.europa.
known by contacting the Commission, present their views in
eu/trade/tackling-unfair-trade/trade-defence
writing and submit questionnaire replies or any other
information within 37 days from the date of the publication
of this Regulation in the Official Journal of the European Union,
All written submissions, including the information requested in
unless otherwise specified.
this Regulation, questionnaire replies and correspondence
provided by interested parties on a confidential basis must be
labelled as ‘Limited’ (
3. Producers
in
India
and
Indonesia
requesting
exemption

1 ) and, in accordance with Article 19(2) of
Regulation (EC) No 1225/2009, must be accompanied by a
from registration of imports or measures must submit a
non-confidential version, which must be labelled ‘For inspection
request duly supported by evidence within the same 37-day
by interested parties’.
time limit.
4. Interested parties may also apply to be heard by the
Commission address for correspondence:
Commission within the same 37-day time limit.
European Commission
Directorate-General for Trade
5. Interested
parties
are
required
to
make
all
submissions
and
Directorate H
requests in electronic format (non-confidential submissions via
Office: N105 08/20
e-mail, confidential ones on CD-R/DVD), and must indicate
1049 Bruxelles/Brussel
their name, address, e-mail address, telephone and fax
BELGIQUE/BELGI
numbers. However, any Powers of Attorney, signed certifi
Fax +32 22993704
cations, and any updates thereof, accompanying questionnaire
E-mail: Trade-R571-AC-mesh@ec.europa.eu
replies must be submitted on paper, i.e. by post or by hand, at
the address below. If an interested party cannot provide its
submissions and requests in electronic format, it must
Article 4
immediately inform the Commission in compliance with
Article 18(2) of Regulation (EC) No 1225/2009. For further
This Regulation shall enter into force on the day following that
information concerning correspondence with the Commission,
of its 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, 9 April 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) A ‘Limited’ document is a document which is considered confidential
pursuant to Article 19 of Regulation (EC) No 1225/2009 and
Article 6 of the WTO Agreement on Implementation of Article VI
of the GATT 1994 (Anti-Dumping Agreement). It is also a
document protected pursuant to Article 4 of Regulation (EC) No
1049/2001 of the European Parliament and of the Council (OJ
L 145, 31.5.2001, p. 43).

---

Document Outline

• �

---