HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 168/14
EN
Official Journal of the European Union
28.6.2012
COUNCIL IMPLEMENTING REGULATION (EU) No 560/2012
of 26 June 2012
terminating the partial interim review concerning the anti-dumping measures on imports of certain
polyethylene terephthalate (PET) originating in India
THE COUNCIL OF THE EUROPEAN UNION,
(3) By
Regulation
(EC)
No
2603/2000
( 7 ), the Council
imposed a definitive countervailing duty on imports of
PET originating, inter alia, in India. Following an accel
erated review pursuant to Article 20 of Council Regu
Having regard to the Treaty on the Functioning of the European
lation (EC) No 597/2009 of 11 June 2009 on protection
Union,
against subsidised imports from countries not members
of the European Community ( 8 ) (‘the basic AS Regu
lation’), the definitive measures were amended as set
Having regard to Council Regulation (EC) No 1225/2009 of
out in Council Regulation (EC) No 1645/2005 ( 9 ).
30 November 2009 on protection against dumped imports
Following an expiry review, the Council, by Regulation
from countries not members of the European Community (
(EC) No 193/2007 ( 10 ) imposed a definitive counter

1 )
(‘the basic Regulation’), and in particular Article 11(3) thereof,
vailing duty for a further period of five years. The
countervailing measures were amended by Regulation
(EC) No 1286/2008 following the last review investi
gation. The countervailing measures consist of a
Having regard to the proposal submitted by the European
specific duty. The rate of the duty is between EUR 0
Commission after consulting the Advisory Committee,
and EUR 106,5 per tonne for individually named
Indian producers with a residual duty rate of EUR 69,4
per tonne imposed on imports from other producers
(‘the current countervailing measures’).
Whereas:
(4) Following
a
name
change
of
one
Indian
company,
South
1. PROCEDURE
Asian Petrochem Ltd, by Notice 2010/C 335/07 ( 11 ), the
Commission concluded that the anti-subsidy findings in
1.1. Measures in force
respect of South Asian Petrochem Ltd should apply to
Dhunseri Petrochem & Tea Limited.
(1) By
Regulation
(EC)
No
2604/2000
( 2 ), the Council
imposed a definitive anti-dumping duty on imports of
polyethylene terephthalate (PET) originating, inter alia,
in India. A review pursuant to Article 11(4) of the
(5) By
Decision
2005/697/EC
( 12 ), the Commission accepted
basic Regulation concerning South Asian Petrochem Ltd
undertakings offered by South Asian Petrochem Ltd
was subsequently conducted and its definitive findings
setting a minimum import price (‘the undertaking’).
and conclusions are set out in Council Regulation (EC)
Following a name change, the Commission concluded
No 1646/2005 ( 3 ). Following an expiry review, the
by Notice 2010/C 335/05 ( 13 ) that the undertaking
Council, by Regulation (EC) No 192/2007 ( 4 ), imposed
offered by South Asian Petrochem Ltd should apply to
a definitive anti-dumping duty for a further period of five
Dhunseri Petrochem & Tea Limited.
years. The anti-dumping measures were amended by
Council Regulation (EC) No 1286/2008 ( 5 ) following a
partial interim review (‘the last review investigation’). The
measures consist of specific anti-dumping duties. The rate
1.2. Request for a review
of the duty is between EUR 87,5 and EUR 200,9 per
tonne for individually named Indian producers with a
(6) A
request
for
a
partial
interim
review
pursuant
to
residual duty rate of EUR 153,6 per tonne imposed on
Article 11(3) of the basic Regulation was lodged by
imports from other producers (‘the current duties’).
Dhunseri Petrochem & Tea Ltd, an Indian exporting
producer of PET (‘the applicant’). The request was
limited in scope to dumping and to the applicant. The
applicant at the same time also requested the review of
(2) Following
a
name
change
of
one
Indian
company,
South
the current countervailing measures. The anti-dumping
Asian Petrochem Ltd, by Notice 2010/C 335/06 ( 6 ) the
and countervailing duties are applicable to imports of
Commission concluded that the anti-dumping findings in
products produced by the applicant and sales of the
respect of South Asian Petrochem Ltd should apply to
applicant to the Union are covered by the undertaking.
Dhunseri Petrochem & Tea Limited.
( 7 ) OJ L 301, 30.11.2000, p. 1.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 8 ) OJ L 188, 18.7.2009, p. 93.
( 2 ) OJ L 301, 30.11.2000, p. 21.
( 9 ) OJ L 266, 11.10.2005, p. 1.
( 3 ) OJ L 266, 11.10.2005, p. 10.
( 10 ) OJ L 59, 27.2.2007, p. 34.
( 4 ) OJ L 59, 27.2.2007, p. 1.
( 11 ) OJ C 335, 11.12.2010, p. 7.
( 5 ) OJ L 340, 19.12.2008, p. 1.
( 12 ) OJ L 226, 11.10.2005, p. 62.
( 6 ) OJ C 335, 11.12.2010, p. 6.
( 13 ) OJ C 335, 11.12.2010, p. 5.

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EN
28.6.2012 Official
Journal
of
the
European
Union L
168/15
(7) The
applicant
provided
prima
facie
evidence
that
the (14) The
Commission
sought
and
verified
all
information
continued application of the current duty at its current
deemed necessary for the determination of dumping.
level was no longer necessary to offset dumping. In
The Commission carried out verification visits at the
particular, the applicant claimed that there had been
premises of the applicant in Kolkata, India and in
significant changes in the production costs of the
Haldia, India.
company and that these changes have led to a substan
tially lower dumping margin since the imposition of the
current duties. A comparison made by the applicant of
its domestic prices and its export prices to the Union
2. WITHDRAWAL OF THE REQUEST AND
suggested that the dumping margin was substantially
TERMINATION OF THE PROCEEDING
lower than the level of current duties.
(15) By
letter
to
the
Commission
dated
18
April
2012,
the
applicant formally withdrew its request for the partial
interim review of the anti-dumping measures applicable
1.3. Initiation of a partial interim review
to imports of PET originating in India. The withdrawal is
supported mainly with the further expansion of the
(8) Having
determined,
after
consulting
the
Advisory
Committee, that the request contained sufficient prima
applicant’s production capacity which demonstrates that
facie evidence to justify the initiation of the partial
the changes in respect of dumping are not of a lasting
interim review, the Commission announced on 2 April
nature due to an imminent further decrease in
2011, by Notice 2011/C 102/09 (
production costs. The applicant claimed that it is the

1 ), the initiation of a
partial interim review pursuant to Article 11(3) of the
continuous process of change which calls into question
basic Regulation limited to the examination of dumping
the lasting nature of the changes established during the
as far as the applicant is concerned (‘the Notice of initi
investigation. It was established that, although some of
ation’).
the changes established during the investigation were of a
lasting nature, the company is indeed in a continuous
process of change.
1.4. Parallel partial interim review of the counter
vailing measures
(16) In
view
of
the
withdrawal,
it
was
considered
whether
it
(9) On
2
April
2011,
by
Notice
2011/C
102/08
( 2 ), the
would be warranted to continue the review investigation
Commission announced the initiation of a partial
ex officio. The Commission services found no compelling
interim review pursuant to Article 19 of the basic AS
reasons that termination would not be in the Union
Regulation, limited in scope to subsidisation and to the
interest. On this basis, the review investigation should
applicant.
be terminated.
(10) In the partial interim review of the countervailing
measures it was found that the changes are not of a
(17) Interested
parties
were
informed of the
intention to
lasting nature. As a consequence, the review investigation
terminate the review investigation and were given the
was terminated without amending the measures in force.
opportunity to comment.
1.5. Parties concerned
(18) It
is
therefore
concluded
that
the
review
concerning
imports of PET originating in India should be terminated
(11) The
Commission
officially
informed
the
applicant,
the
representatives of the exporting country and the
without amending the anti-dumping measures in force,
association of Union producers about the initiation of
the review. Interested parties were given the opportunity
to make their views known in writing and to request a
HAS ADOPTED THIS REGULATION:
hearing within the time limit set in the Notice of initi
ation.
Article 1
(12) All interested parties were informed of the possibility to
request a hearing. One hearing was requested and
The partial interim review of the anti-dumping measures
granted.
applicable to imports of certain polyethylene terephthalate orig
inating in India initiated pursuant to Article 11(3) of Regulation
(EC) No 1225/2009 is hereby terminated without amending the
anti-dumping measures in force.
(13) In
order
to
obtain
the
information
deemed
necessary
for
its investigation, the Commission sent a questionnaire to
the applicant and received a reply within the deadline set
for that purpose.
Article 2
( 1 ) OJ C 102, 2.4.2011, p. 18.
This Regulation shall enter into force on the day following that
( 2 ) OJ C 102, 2.4.2011, p. 15.
of its publication in the Official Journal of the European Union.

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L 168/16
EN
Official Journal of the European Union
28.6.2012
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 26 June 2012.
For the Council
The President
N. WAMMEN

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