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28.3.2013 Official
Journal
of
the
European
Union
L
90/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 295/2013
of 21 March 2013
amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of
polyethylene terephthalate originating, inter alia, in Taiwan following a ‘new exporter’ review
pursuant to Article 11(4) of Regulation (EC) No 1225/2009
THE COUNCIL OF THE EUROPEAN UNION,
of the basic Regulation. That investigation is ongoing in
parallel and will be concluded in a separate legal act.
Having regard to the Treaty on the Functioning of the European
Union,
B. CURRENT PROCEDURE
1. Request for a review
Having regard to Council Regulation (EC) No 1225/2009 of
(4) The
Commission
has
received
a
request
to
initiate
a
‘new
30 November 2009 on protection against dumped imports
exporter’ review pursuant to Article 11(4) of the basic
from countries not members of the European Community ( 1 )
Regulation. The request was lodged by Lealea Enterprise
(‘the basic Regulation’), and in particular Article 11(4) thereof,
Co., Ltd (‘the applicant’), an exporting producer in
Taiwan (‘the country concerned’).
Having regard to the proposal submitted by the European
Commission after consulting the Advisory Committee,
(5) The
applicant
claimed
that
it
did
not
export
the
product
concerned to the Union during the period of investi
gation, i.e. the period from 1 October 1998 to
Whereas:
30 September 1999 (‘the original investigation period’).
A. MEASURES IN FORCE
(6) Furthermore,
the
applicant
claimed
that
it
was
not
related
to any of the exporting producers of the product
(1) Regulation
(EC)
No
2604/2000
( 2 ) imposed a definitive
concerned which are subject to the abovementioned
anti-dumping duty on imports of certain polyethylene
anti-dumping measures.
terephthalate originating in India, Indonesia, Malaysia,
the Republic of Korea, Taiwan and Thailand pursuant
to Article 5 of the basic Regulation.
(7) The
applicant
further
claimed
that
it
had
begun
exporting
the product concerned to the Union after the end of the
original investigation period.
(2) Following
an
expiry
review
pursuant
to
Article
11(2)
of
the basic Regulation, the Council, by Regulation (EC) No
192/2007 ( 3 ), decided that the abovementioned measures
2. Initiation of a new exporter review
should be maintained.
(8) The
Commission
examined
the
prima
facie
evidence
submitted by the applicant and considered it sufficient
to justify the initiation of a review in accordance with
(3) By
notice,
published
in
the Official Journal of the European
Union on 24 February 2012
(
Article 11(4) of the basic Regulation. After consultation

4 ), the European
Commission (‘the Commission’) initiated another expiry
of the Advisory Committee and after the Union industry
review of the relevant measures pursuant to Article 11(2)
concerned had been given the opportunity to comment,
the Commission initiated, by Regulation (EU) No
653/2012 ( 5 ), a review of Regulation (EC) No
( 1 ) OJ L 343, 22.12.2009, p. 51.
192/2007 with regard to the applicant.
( 2 ) OJ L 301, 30.11.2000, p. 21.
( 3 ) OL L 59, 27.2.2007, p. 59.
( 4 ) OJ C 55, 24.2.2012, p. 4.
( 5 ) OJ L 188, 18.7.2012, p. 8.

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L 90/2
EN
Official Journal of the European Union
28.3.2013
(9) Pursuant
to
Regulation
(EU)
No
653/2012,
the
anti-
strate that it did not have any links, direct or indirect,
dumping duty of certain polyethylene terephthalate
with any of the Taiwanese exporting producers subject to
imposed by Regulation (EC) No 192/2007 was repealed
the anti-dumping measures in force with regard to the
with regard to imports of the product concerned
product concerned.
produced and sold for export to the Union by the
applicant. Simultaneously, pursuant to Article 14(5) of
the basic Regulation, customs authorities were directed
(18) Accordingly, it is confirmed that the company should be
to take appropriate steps to register such imports.
considered a ‘new exporter’ in accordance with
Article 11(4) of the basic Regulation and thus an indi
vidual margin should be determined for it.
3. Product concerned
(10) The product concerned is polyethylene
terephthalate
(‘PET’) having a viscosity number of 78 ml/g or higher,
2. Dumping
according to International Organisation for Standard
Normal value
isation standard 1628-5, originating in Taiwan,
currently falling within CN code 3907 60 20 (‘the
(19) The
applicant
produces
the
product
concerned
and
sells
product concerned’).
it domestically and on export markets. The applicant sells
directly to all markets.
4. Parties concerned
(20) In
accordance
with
Article
2(2)
of
the
basic
Regulation,
(11) The
Commission
officially
advised
the
Union
industry,
domestic sales were considered representative when the
the applicant and the representatives of the exporting
total domestic sales volume was at least 5 % of the total
country of the initiation of the review. Interested
export sales volume to the Union. The Commission
parties were given the opportunity to make their views
established that the applicant exported a single product
known in writing and to be heard.
type to the Union and that the same product type was
sold domestically by the applicant in overall represen
tative volumes.
(12) The
Commission
sent
an
anti-dumping
questionnaire
to
the applicant and its related companies and received a
reply within the deadline set for that purpose.
(21) The
Commission
also
examined
whether
the
sales
of
the
product concerned sold domestically in representative
quantities could be regarded as having been made in
(13) The
Commission
sought
to
verify
all
the
information
it
deemed necessary for the determination of the new
the ordinary course of trade pursuant to Article 2(4) of
exporter status and dumping and verification visits
the basic Regulation. That was done by establishing the
were carried out at the premises of the applicant in
proportion of profitable domestic sales to independent
Taiwan.
customers. As there were sufficient sales in the
ordinary course of trade, normal value was based on
the actual domestic price.
5. Review investigation period
(14) The
review
investigation
period
of
dumping
covered
the
Export price
period from 1 January 2011 to 30 June 2012 (‘the
review investigation period’ or ‘the RIP’).
(22) The
product
concerned
was
exported
directly
to
inde
pendent customers in the Union. Therefore, the export
price was established in accordance with Article 2(8) of
C.
the basic Regulation, i.e. on the basis of export prices
RESULTS OF THE INVESTIGATION
actually paid or payable.
1. ‘New exporter’ qualification
(15) The
investigation
confirmed
that
the
company
had
not
Comparison
exported the product concerned during the original
investigation period and that it had started to export it
(23) The
normal
value
and
the
export
prices
were
compared
to the Union after that period.
on an ex-works basis.
(16) While quantities exported were limited, they were never
(24) For
the
purpose
of
ensuring
a
fair
comparison
between
theless found sufficient to establish a reliable dumping
normal value and export price, due allowance in the
margin. They followed a pattern, in terms of shipment
form of adjustments was made for differences affecting
size and turnover per client, which was comparable to
price comparability in accordance with Article 2(10) of
the behaviour of the applicant on third-country markets.
the basic Regulation. Adjustments for insurance,
handling, loading and ancillary expenses and credit
costs were granted in all cases where they were found
(17) As concerns the other conditions for the recognition of a
to be reasonable, accurate and supported by verified
new exporter status, the company was able to demon
evidence.

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EN
28.3.2013 Official
Journal
of
the
European
Union
L
90/3
Dumping margin
from the applicant and to amend Regulation (EC) No
192/2007 accordingly. Their comments were considered
(25) In
accordance
with
Article
2(11)
of
the
basic
Regulation,
and taken into account, where appropriate.
the dumping margin was established on the basis of a
comparison of a weighted average normal value with a
weighted average of prices of all exports transactions to
(30) This
review
does not affect
the
date on which
the
the Union. As there were a limited number of exports to
measures imposed by Regulation (EC) No 192/2007
the Union, the individual export prices to the Union were
will expire pursuant to Article 11(2) of the basic Regu
also compared to the weighted average normal value of
lation,
the months in which each export occurred.
HAS ADOPTED THIS REGULATION:
(26) In
both
cases,
those
comparisons
showed
the
existence
of
a de minimis dumping for the applicant that exported to
Article 1
the Union in the RIP.
1. In
Article
1(2)
of
Regulation
(EC)
No
192/2007,
the
following shall be inserted into the table under producers in
D. AMENDMENT OF MEASURES BEING REVIEWED
Taiwan:
(27) The
dumping
margin
with
regard
to
the
applicant,
estab
lished for the RIP, was at de minimis level. It is therefore
Anti-dumping
TARIC
proposed that a duty of 0 EUR/tonne which is based on
Country Company
duty (EUR/
additional
the de minimis dumping margin be imposed and that
tonne)
code
Regulation (EC) No 192/2007 be amended accordingly.
‘Taiwan Lealea
Enterprise
Co.,
Ltd
0 A996’
E. REGISTRATION
(28) In the light of these findings, the registration of imports
2. The
customs
authorities
are
hereby
directed
to
cease
the
imposed by Regulation (EU) No 653/2012 should cease
registration of imports of the product concerned originating in
without any retroactive levying of the anti-dumping
Taiwan produced by Lealea Enterprise Co., Ltd.
duties.
3. Unless
otherwise
specified,
the
provisions
in
force
F. DISCLOSURE AND DURATION OF THE MEASURES
concerning customs duties shall apply.
(29) The
parties
concerned
were
informed
of
the
essential
Article 2
facts and considerations on the basis of which it was
intended to impose an anti-dumping duty of
This Regulation shall enter into force on the day following its
0 EUR/tonne on imports of the product concerned
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 March 2013.
For the Council
The President
P. HOGAN

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