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9.6.2011 Official
Journal
of
the
European
Union L
150/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 554/2011
of 30 May 2011
terminating the anti-dumping proceeding on imports of polyester staple fibres originating in the
People’s Republic of China
THE COUNCIL OF THE EUROPEAN UNION,
(4) The
request
was
accompanied
by
prima
facie
evidence
showing that the expiry of the measures would be
Having regard to the Treaty on the Functioning of the European
likely to result in a recurrence of dumping and injury
Union,
to the Union industry.
Having regard to Council Regulation (EC) No 1225/2009 of
1.3. Initiation
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(5) Accordingly,
after
having
consulted
the
Advisory
(the basic Regulation) and in particular Articles 9 and 11(2), (5)
Committee, the Commission published a notice of
and (6) thereof,
initiation ( 4 ) of an expiry review of the anti-dumping
measures applicable to imports into the Union of PSF
Having regard to the proposal submitted by the European
originating in the People’s Republic of China.
Commission after having consulted the Advisory Committee,
(6) The
Commission
officially
advised
the
exporting
Whereas:
producers, importers concerned, the representatives of
the People’s Republic of China, the representative users
1. PROCEDURE
and the Union producers of the initiation of the review
investigation. Interested parties were given the oppor
1.1. Measures in force
tunity to make their views known in writing and to
(1) Following
an
anti-dumping
investigation
carried
out
request a hearing within the time limit set in the
pursuant to Article 5 of the basic Regulation, the
notice of initiation.
Council, by Regulation (EC) No 428/2005 ( 2 ), imposed
a definitive anti-dumping duty on imports of polyester
staple fibres (PSF) originating in the People’s Republic of
2. WITHDRAWAL OF THE REQUEST
China. The rate of the anti-dumping duty ranged between
4,9 % and 49,7 % depending on the manufacturer of the
(7) By
a
letter
addressed
to
the
Commission,
dated
7
March
product concerned.
2011, the applicant formally withdrew its request.
1.2. Request for review
(8) In
accordance
with
Article
9(1)
and
Article
11(2)
of
the
(2)
Following the publication of a notice of the impending
basic Regulation, a proceeding may be terminated where
expiry of certain anti-dumping measures ( 3 ), applicable to
the request for review is withdrawn unless such a termi
imports of PSF originating in the People’s Republic of
nation would not be in the Union interest.
China, the Commission received on 14 December 2009
a request for review pursuant to Article 11(2) of the basic
Regulation.
(9) It
was
considered
that
the
present
proceeding
should
be
terminated since the investigation had not brought to
(3) The
request
was
lodged
by
the
European
Man-made
light any considerations showing that its termination
Fibres Association (the applicant) on behalf of Union
would not be in the Union interest. Interested parties
producers representing a major proportion, in this case
were informed accordingly and were given the oppor
more than 25 %, of the production of PSF in the Union.
tunity to submit comments. However, no such
comments were received as would give reason to reach
a different conclusion.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 71, 17.3.2005, p. 1.
( 3 ) OJ C 249, 17.10.2009, p. 19.
( 4 ) OJ C 64, 16.3.2010, p. 10.

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L 150/2
EN
Official Journal of the European Union
9.6.2011
(10) It
was
therefore
concluded
that
the
anti-dumping
expiry
processed for spinning, currently falling within CN code
review proceeding concerning imports into the Union of
5503 20 00 and originating in the People’s Republic of China,
PSF originating in the People’s Republic of China should
are hereby repealed and the proceeding on these imports is
be terminated and the existing measures should be
terminated.
repealed,
HAS ADOPTED THIS REGULATION:
Article 1
Article 2
The anti-dumping measures concerning imports of synthetic
This Regulation shall enter into force on the day following its
staple fibres of polyesters, not carded, combed or otherwise
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, 30 May 2011.
For the Council
The President
CSFALVAY Z.

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