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EN
Official Journal of the European Union
18.5.2011
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 474/2011
of 3 May 2011
amending Regulation (EC) No 1425/2006 imposing a definitive anti-dumping duty on imports of
certain plastic sacks and bags originating, inter alia, in the People’s Republic of China
THE COUNCIL OF THE EUROPEAN UNION,
1.2. Ex officio initiation
(3)
Prima facie evidence at the disposal of the Commission
indicated that, following the imposition of measures, a
Having regard to the Treaty on the Functioning of the European
change in the pattern of trade involving exports from the
Union,
PRC to the Union took place for which there was insuf
ficient due cause or justification other than the
imposition of the duties in force. This change in the
Having regard to Council Regulation (EC) No 1225/2009 on
pattern of trade appeared to stem from exports to the
protection against dumped imports from countries not
Union of the product concerned produced by Chinese
members of the European Community ( 1 ) (‘the basic Regu
exporting producers subject to the residual duty rate
lation’), and in particular Articles 13(3), 14(3) and 14(5) thereof,
through a Chinese exporting producer benefiting from
a lower duty rate, namely the company Xiamen
Xingxia Polymers Co., Ltd (‘Xiamen’) listed in Annex I
to the original Regulation.
Having regard to the proposal submitted by the European
Commission after consulting the Advisory Committee,
Whereas:
(4)
Furthermore, the evidence pointed to the fact that the
remedial effects of the existing anti-dumping measures
on the product concerned were being undermined in
1. PROCEDURE
terms of prices. There was sufficient prima facie
evidence that the imports of the product concerned
1.1. Existing measures
were at prices well below the non-injurious price estab
lished in the original investigation that led to the existing
(1) By
Regulation
(EC)
No
1425/2006
( 2 ) (‘the original Regu
lation’), the Council imposed definitive anti-dumping
measures.
duties on imports into the Union of certain plastic
sacks and bags, originating, inter alia, in the People’s
Republic of China (‘PRC’). Given the large number of
cooperating Chinese exporting producers, a sample of
exporting producers was selected and individual duty
(5) Finally,
the
Commission
had
sufficient
prima
facie
rates ranging from 4,8 % to 12,8 % were imposed on
evidence at its disposal that the prices of the product
companies included in the sample, while on other coop
concerned are dumped in relation to the normal value
erating companies not included in the sample and listed
previously established.
in Annex I to the original Regulation was imposed a duty
rate of 8,4 %. A duty rate of 28,8 % (‘residual duty rate’)
was imposed on Chinese companies which either did not
make themselves known or did not cooperate with the
investigation of dumping which covered the period from
1 April 2004 to 31 March 2005 (‘the original investi
(6) Having
determined,
after
consulting
the
Advisory
gation’).
Committee, that sufficient evidence existed for the
initiation of an investigation pursuant to Article 13 of
the basic Regulation, the Commission adopted Regu
(2) By
Regulation
(EC)
No
189/2009
(
lation (EU) No 748/2010 (

3 ), amending the

4 ) initiating an investigation
original Regulation, and in accordance with Article 2 of
of the alleged circumvention of the anti-dumping
the original Regulation, three Chinese companies were
measures (‘the initiating Regulation’). Pursuant to
added to the list of producers from the PRC listed in
Articles 13(3) and 14(5) of the basic Regulation, the
Annex I.
Commission, by the initiating Regulation, also directed
the customs authorities to register imports of the product
concerned declared as having been manufactured by
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 270, 29.9.2006, p. 4.
( 3 ) OJ L 67, 12.3.2009, p. 5.
( 4 ) OJ L 219, 20.8.2010, p. 1.

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Xiamen under the specific TARIC additional code A981
the result of the investigation might be less favourable
attributed to them in order to ensure that, should the
than if it had fully cooperated. Xiamen did not react to
investigation result in findings of circumvention, anti-
this letter.
dumping duties of an appropriate amount can be
levied retroactively from the date of registration of
such imports.
(12) In
view
of
the
above
and
given
that
no
statistical
data
were available to determine export volumes and prices at
company level during the IP, findings in respect of the
alleged circumvention had to be made on the basis of
1.3. Investigation
facts available in accordance with Article 18 of the basic
Regulation, namely those based on the evidence received
(7) The
Commission
officially
advised
the
authorities
of
the
from Member States’ customs authorities and on the
PRC, Xiamen, as well as the companies allegedly having
non-verified partial reply, submitted by Xiamen, to the
their products exported through Xiamen (‘the other
questionnaire.
exporting producers’) of the initiation of the investigation
and sent questionnaires. Interested parties were given the
opportunity to make their views known in writing and to
request a hearing within the time limit set in the
initiating Regulation. Interested parties were also
2.2. Product concerned
informed that non-cooperation might lead to the appli
cation of Article 18 of the basic Regulation and to
(13) The product concerned is plastic sacks and bags,
findings being made on the basis of the facts available.
containing at least 20 % by weight of polyethylene and

of sheeting of a thickness not exceeding 100
micrometers (μm), originating in the People’s Republic
of China, currently falling within CN codes
ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90
(TARIC codes 3923 21 00 20, 3923 29 10 20, and
(8) No
replies
were
received
from
the
other
exporting
3923 29 90 20).
producers and an incomplete reply was received from
Xiamen.
2.3. Change in the pattern of trade
(14) In
accordance
with
Article
13(1)
of
the
basic
Regulation,
1.4. Investigation period
the assessment of the existence of circumvention was
carried out by analysing whether there was a change in
(9) The investigation period (‘IP’) was the period from
the pattern of trade between individual companies in the
1 January 2009 to 30 June 2010. Data was collected
PRC and the Union, which stems from a practice, process
for the period from January 2006 up to the end of the
or work for which there is insufficient due cause or
IP to investigate the alleged change in the pattern of trade
economic justification other than the imposition of the
and the other aspects set out in Article 13 of the basic
duty, and where there is evidence of injury or that the
Regulation.
remedial effects of the duty are being undermined in
terms of the prices and/or quantities of the product
concerned, and where there is evidence of dumping in
relation to the normal values previously established for
the like product.
2. RESULTS OF THE INVESTIGATION
2.1. General considerations/degree of cooperation/
methodology
(15) Given
that
Eurostat
data
cannot
be
used
to
determine
(10) Xiamen
submitted
an
incomplete
and
partial
reply
to
the
export volumes and prices at company level since only
questionnaire. The Commission services sent a letter to
aggregated countrywide data are provided and no other
Xiamen, identifying the deficiencies of its questionnaire
statistical data at company level are available, export
reply and requesting complete and coherent information,
volumes and prices reported by Xiamen in its partial
to which Xiamen did not react. In addition, Xiamen
questionnaire reply were used.
refused a proposed verification of the data at its premises.
(16) According
to
the
information
received
from
Xiamen,
sales to the Union increased significantly after the
(11) Consequently
Xiamen
was
informed
that,
under
these
imposition of measures in September 2006. For some
circumstances, the Commission considers the company
periods, the exports doubled, compared to the
as non-cooperating, in accordance with Article 18 of
sampling period used in the original investigation and
the basic Regulation, and that findings would be based
prices reported were below the average EU target price
on the facts available. Xiamen was also made aware that
established during the original investigation.

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L 131/4
EN
Official Journal of the European Union
18.5.2011
2.4. Insufficient due cause or economic justification
following the imposition of measures on the product
other than the imposition of anti-dumping duties
concerned for which there is no due cause or
economic justification other than the avoidance of the
(17) In
addition
to
the
increase
in
sales
volume,
it
was
noted
residual anti-dumping duty rate in force.
that according to the information submitted in the
original investigation for the sampling exercise, Xiamen
declared that it had no related companies and no
production outside its main factory. In its partial reply
to the anti-circumvention questionnaire, Xiamen reported
2.4.1. Undermining the anti-dumping duty’s remedial effect
that during the IP it outsourced certain production steps,
on injury
such as colour printing or bagging, and that sometimes it
(23) The
increase
of
imports
declared
under
the
name
of
sells raw materials to the contracting companies.
Xiamen was significant in terms of quantities.
According to its questionnaire reply, Xiamen nearly
doubled its sales to the EU in 2007 and 2008,
compared to the sales reported during the period of
(18) The partial questionnaire reply confirmed that the
contracting companies mentioned by Xiamen are the
the original investigation, which was mainly due to the
other exporters which were, according to the prima
involvement of the other exporting producers. The
facie evidence, allegedly channelling exports to the
comparison of the average EU target price established
Union. However, the reply also revealed that it is not a
during the original investigation and the weighted
matter of an outsourcing arrangement where the
average export price reported during the IP shows under
ownership of the raw material and the finished goods
selling.
stay with the company giving the outsourcing order,
but goes beyond for the reasons stated below.
(24) The conclusion is therefore that the practice described
above undermines the measures’ remedial effects on
(19) In all cases of sales reported as ‘partly processed’,
injury, both in terms of quantities and prices.
payment by the European clients was reported as being
made not to Xiamen but to the bank accounts of the two
companies allegedly involved in channelling. These sales
account for more than 20 % of all EU sales in 2009.
2.4.2. Evidence of dumping
Moreover, the list of sales transactions submitted by
Xiamen reveals diverse invoicing methodologies which
(25) Finally,
in
accordance
with
Article
13(1)
and
(2)
of
the
differ in alphanumeric structure and length. With
basic Regulation, it was examined whether there was
regard to sales reported as ‘partly processed’ via one of
evidence of dumping in relation to the normal value
the two companies, representing the majority of those
previously established.
sales, it appears that the invoice number includes two
letters referring to the company name of the company
allegedly channelling. Moreover, the two companies are
located around 1 000 km away from Xiamen, which puts
into question the economic justification of such an
(26) The
comparison
of
the
weighted
average
normal
value
as
arrangement.
established during the original investigation (where
normal value was established on the basis of an
analogue country, Malaysia) and the weighted average
export price during the current IP as reported by
(20) In
addition,
it
cannot
be
excluded
that
more
sales
than
Xiamen in its partial questionnaire reply shows a
those identified in the detailed list of sales transactions
dumping margin exceeding the dumping margin estab
submitted by Xiamen are affected by the alleged chan
lished during the original investigation for non-sampled
nelling as, according to production and capacity statistics
companies.
also submitted by Xiamen, more than 40 % of its
production in 2007, 2008 and 2009 were declared as
outsourced.
3. MEASURES
(27) Given the above, and in application of Article 18 of the
(21) It was also noted that sales reported as ‘partly processed’
basic Regulation, it was concluded that a change in the
stopped in October 2009, i.e. after the customs
pattern of trade has taken place, in accordance with
authorities of certain Member States refused to apply
Article 13(1) of the basic Regulation. By virtue of the
the individual anti-dumping duty rate of Xiamen to
second sentence of Article 13(1) of the basic Regulation,
certain imports apparently produced by the other
the residual anti-dumping duty rate on imports of the
exporting producers.
product concerned originating in the PRC should
therefore be extended to imports of the same product
declared as having been manufactured by Xiamen. In
practical terms, TARIC additional code A999 should be
(22) The
above
leads,
therefore,
to
the
conclusion
that
a
declared for those imports from the entry into force of
change in the pattern of trade has taken place
this Regulation.

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(28) Furthermore, in order to enable a more detailed moni
in force to Xiamen and were given the opportunity to
toring, henceforth, of the trade flows concerning the
comment and to be heard. No comments which were of
non-sampled companies, a TARIC additional code will
a nature to change the above conclusions were received,
be attributed to each non-sampled company listed in
Annex I to the original Regulation.
HAS ADOPTED THIS REGULATION:
(29) In accordance with Articles 13(3) and 14(5) of the basic
Regulation, which provide that any extended measure is
Article 1
to apply to imports which entered the Union under regis
tration imposed by the initiating Regulation, duties
1. The
definitive
anti-dumping
duty
of
28,8
%
applicable
to
should be collected on those registered imports
‘all other companies’ imposed by Regulation (EC)
consigned from Xiamen.
No 1425/2006 on imports of certain plastic sacks and bags
originating in the People’s Republic of China is hereby
extended to imports declared as having been manufactured by
4. DISCLOSURE
XIAMEN XINGXIA POLYMERS CO., LTD.
(30) Interested
parties
were
informed
of
the
essential
facts
and
considerations on the basis of which the Council
2. The
table
in
Article
1(2)
of
Regulation
(EC) No
intended to extend the residual anti-dumping duty rate
1425/2006 is hereby replaced by the following table:
‘Country Company
AD duty rate
TARIC additional
(%)
code
The People’s Republic Cedo (Shanghai) Limited and Cedo (Shanghai) Household
7,4 A757
of China
Wrappings, Shanghai
Jinguan (Longhai) Plastics Packing Co., Ltd, Longhai 5,1 A758
Sunway Kordis (Shanghai) Ltd and Shanghai Sunway Polysell
4,8 A760
Ltd, Shanghai
Suzhou Guoxin Group Co., Ltd, Suzhou Guoxin Group
7,8 A761
Taicang Yihe Import & Export Co., Ltd, Taicang Dongyuan
Plastic Co., Ltd and Suzhou Guoxin Group Taicang Giant
Packaging Co., Ltd, Taicang
Wuxi Jiayihe Packaging Co., Ltd and Wuxi Bestpac
12,8 A763
Packaging Co., Ltd, Wuxi
Zhong Shan Qi Yu Plastic Products Co. Ltd, Zhongshan 5,7 A764
Huizhou Jun Yang Plastics Co., Ltd, Huizhou 4,8 A765
Xinhui Alida Polythene Limited, Xinhui 4,3 A854
Companies listed in Annex I 8,4 See
Annex
I
All other companies 28,8 A999
Thailand King
Pac
Industrial
Co.,
Ltd,
Chonburi
and
Dpac
Industrial
14,3 A767
Co., Ltd, Bangkok
Multibax Public Co., Ltd, Chonburi 5,1 A768
Naraipak Co. Ltd and Narai Packaging (Thailand) Ltd,
10,4 A769
Bangkok
Sahachit Watana Plastic Industry Co., Ltd, Bangkok 6,8 A770
Thai Plastic Bags Industries Co., Ltd, Nakornpathorn 5,8 A771
Companies listed in Annex II 7,9 A772
All other companies 14,3 A999’

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L 131/6
EN
Official Journal of the European Union
18.5.2011
3. Annex
I
to
Regulation
(EC)
No
1425/2006
is
hereby
Article 3
replaced by the text as set out in the Annex to this Regulation.
Customs authorities are hereby directed to discontinue the regis
tration of imports, established in accordance with Article 2 of
Article 2
Regulation (EU) No 748/2010.
1. The
duty
extended
by
Article
1
shall
be
collected
on
imports registered in accordance with Article 2 of Regulation
Article 4
(EU) No 748/2010.
This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.
2. The
provisions
in
force
concerning
customs
duties
shall However, Article 2 shall apply from the day of entry into
apply.
force of Regulation (EU) No 748/2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 May 2011.
For the Council
The President
MARTONYI J.

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ANNEX
‘ANNEX I
CHINESE COOPERATING EXPORTING PRODUCERS NOT SAMPLED
Company City
TARIC
additional code
BAO XIANG PLASTIC BAG MANUFACTURING (SHENZHEN) CO., LTD Shenzhen B014
BEIJING LIANBIN PLASTIC & PRINTING CO., LTD Beijing B015
CHANGLE BEIHAI PLASTIC PRODUCTS CO., LTD Zhuliu B016
CHANGLE UNITE PLASTIC PRODUCTS CO., LTD Changle B017
CHANGLE HUALONG PLASTIC PRODUCTS CO., LTD Changle B018
CHANGLE SANDELI PLASTIC PRODUCTS CO., LTD Changle B019
CHANGLE SHENGDA RUBBER PRODUCTS CO., LTD Changle B020
CHANGZHOU HUAGUANG PLASTIC PRODUCTS CO., LTD Wujin B021
CHEONG FAT PLASTIC BAGS (CHINA) PRINTING FACTORY Shenzhen B022
CHUN HING PLASTIC PACKAGING MANUFACTORY LTD Hong
Kong B023
CHUN YIP PLASTICS (SHENZHEN) LIMITED Shenzhen B024
CROWN POLYETHYLENE PRODUCTS (INT’L) LTD Hong
Kong B025
DALIAN JINSHIDA PACKING PRODUCTS CO., LTD Dalian B026
DONG GUAN HARBONA PLASTIC & METALS FACTORY CO., LTD Dongguan B027
DONGGUAN CHERRY PLASTIC INDUSTRIAL, LTD Dongguan B028
DONGGUAN FIRSTWAY PLASTIC PRODUCTS CO., LTD Dongguan B029
DONGGUAN MARUMAN PLASTIC PACKAGING COMPANY LIMITED Dongguan B030
DONGGUAN NAN SING PLASTICS LIMITED Dongguan B031
DONGGUAN NOZAWA PLASTIC PRODUCTS CO., LTD Dongguan B032
DONGGUAN RUI LONG PLASTICS FACTORY Dongguan B033
FOSHAN SHUNDE KANGFU PLASTIC PRODUCTS CO., LTD Shunde B034
FU YUEN ENTERPRISES CO. Hong
Kong B035
GOLD MINE PLASTIC INDUSTRIAL LIMITED Jiangmen B036
GOOD-IN HOLDINGS LTD Hong
Kong B037
HANG LUNG PLASTIC FACTORY (SHENZHEN) LTD Shenzhen B038
HUIYANG KANLUN POLYETHYLENE MANUFACTURE FACTORY Huizhou B039
JIANGMEN CITY XIN HUI HENGLONG PLASTIC LTD Jiangmen B040
JIANGMEN TOPTYPE PLASTIC PRODUCTS CO., LTD Jiangmen B041
JIANGMEN XINHUI FENGZE PLASTIC COMPANY LTD Jiangmen B042
JIANGYIN BRAND POLYTHENE PACKAGING CO., LTD Jiangyin B043

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L 131/8
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Official Journal of the European Union
18.5.2011
Company City
TARIC
additional code
JINAN BAIHE PLASTIC CO., LTD Jinan B044
JINAN CHANGWEI PLASTIC PRODUCTS CO., LTD Jinan B045
JINAN CHENGLIN PLASTIC PRODUCTS COMPANY LTD Jinan B046
JINAN MINFENG PLASTIC CO., LTD Jinan B047
JINYANG PACKING PRODUCTS (WEIFANG) CO., LTD Qingzhou B048
JUXIAN HUACHANG PLASTIC CO., LTD Liuguanzhuang B049
JUXIAN HUAYANG PLASTIC PRODUCTS CO., LTD Liuguanzhuang B050
KIN WAI POLY BAG PRINTING LTD Hong
Kong B051
LAIZHOU JINYUAN PLASTICS INDUSTRY & TRADE CO., LTD Laizhou B052
LAIZHOU YUANXINYIE PLASTIC MACHINERY CO., LTD Laizhou B053
LICK SAN PLASTIC BAGS (SHENZHEN) CO., LTD Shenzhen B054
LINQU SHUNXING PLASTIC PRODUCTS CO., LTD Linqu B055
LONGKOU CITY LONGDAN PLASTIC CORPORATION LTD Longkou B056
NEW CARING PLASTIC MANUFACTORY LTD Jiangmen B057
NEW WAY POLYPAK DONGYING CO., LTD Dongying B058
NINGBO HUASEN PLASTHETICS CO., LTD Ningbo B059
NINGBO MARUMAN PACKAGING PRODUCT CO., LTD Ningbo B060
POLY POLYETHYLENE BAGS AND PRINTING CO. Hong
Kong B061
QINGDAO NEW LEFU PACKAGING CO., LTD Qingdao B062
QUANZHOU POLYWIN PACKAGING CO., LTD Nanan B063
RALLY PLASTICS CO., LTD ZHONGSHAN Zhongshan B064
RIZHAO XINAO PLASTIC PRODUCTS CO., LTD Liuguanzhuang B065
DONGGUAN SEA LAKE PLASTIC PRODUCTS MANUFACTURING CO., LTD Dongguan B066
SHANGHAI HANHUA PLASTIC PACKAGE PRODUCT CO., LTD Shanghai B067
SHANGHAI HUAYUE PACKAGING PRODUCTS CO., LTD Shanghai B068
SHANGHAI LIQIANG PLASTICS INDUSTRY CO., LTD Zhangyan B069
SHANGHAI MINGYE PLASTICS GOODS COMPANY LIMITED Shanghai B070
SHANGHAI QUTIAN TECHNOLOGY INDUSTRY DEVELOPMENT CO., LTD Shanghai B071
SHANTOU ULTRA DRAGON PLASTICS LTD Shantou B072
SHAOXING YUCI PLASTICS AND BAKELITE PRODUCTS CO., LTD Shangyu B073
SHENG YOUNG INDUSTRIAL (ZHONGSHAN) CO., LTD Zhongshan B074
SUPREME DEVELOPMENT COMPANY LIMITED Hong
Kong B075
TAISHING PLASTIC PRODUCTS CO., LTD ZHONGSHAN Zhongshan B076
TIANJIN MINGZE PLASTIC PACKAGING CO., LTD Tianjin B077

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Company City
TARIC
additional code
UNIVERSAL PLASTIC & METAL MANUFACTURING LIMITED Hong
Kong B078
WAI YUEN INDUSTRIAL AND DEVELOPMENT LTD Hong
Kong B079
WEIFANG DESHUN PLASTIC PRODUCTS CO., LTD Changle B080
WEIFANG HENGSHENG RUBBER PRODUCTS CO., LTD Changle B081
WEIFANG HONGYUAN PLASTIC PRODUCTS CO., LTD Changle B082
WEIFANG HUASHENG PLASTIC PRODUCTS CO., LTD Changle B083
WEIFANG KANGLE PLASTICS CO., LTD Changle B084
WEIFANG LIFA PLASTIC PACKING CO., LTD Weifang B085
WEIFANG XINLI PLASTIC PRODUCTS CO., LTD Weifang B086
WEIFANG YUANHUA PLASTIC PRODUCTS CO., LTD Weifang B087
WEIFANG YUJIE PLASTIC PRODUCTS CO., LTD Weifang B088
WEIHAI WEIQUAN PLASTIC AND RUBBER PRODUCTS CO., LTD Weihai B089
WINNER BAGS PRODUCT COMPANY (SHENZHEN) LIMITED Shenzhen B090
WUI HING PLASTIC BAGS PRINTING (SHENZHEN) COMPANY LIMITED Shenzhen B091
XIAMEN EGRET PLASTICS CO., LTD Gaoqi B092
XIAMEN GOOD PLASTIC CO., LTD Xiamen B109
XIAMEN RICHIN PLASTIC CO., LTD Xiamen B093
XIAMEN UNITED OVERSEA ENTERPRISES LTD Xiamen B094
XIAMEN XINGYATAI PLASTIC INDUSTRY CO., LTD Xiamen B095
XINTAI CHUNHUI MODIFIED PLASTIC CO., LTD Xintai B096
YANTAI BAGMART PACKAGING CO., LTD Yantai B097
YANTAI LONGQUAN PLASTIC AND RUBBER PRODUCTS CO., LTD Yantai B098
YAU BONG POLYBAGS PRINTING CO., LTD Hong
Kong B099
YINKOU FUCHANG PLASTIC PRODUCTS. CO., LTD Yingkou B100
YONGCHANG (CHANGLE) PLASTIC INDUSTRIES CO., LTD Weifang B101
ZHANGJIAGANG YUANHEYI PAPER & PLASTIC COLOR PRINTING & PACKING Zhangjiagang B102
CO., LTD
ZHONGSHAN DONGFENG HUNG WAI PLASTIC BAG MFY. Zhongshan B103
ZHONGSHAN HUANGPU TOWN LIHENG METAL & PLASTIC FACTORY Zhongshan B104
ZHUHAI CHINTEC PACKING TECHNOLOGY ENTERPRISE CO., LTD Zhuhai B105
ZIBO WEIJIA PLASTIC PRODUCTS CO., LTD Zibo B106’

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