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14.12.2011 Official
Journal
of
the
European
Union L
330/45
COMMISSION DECISION
of 13 December 2011
terminating the anti-dumping proceeding concerning imports of certain polyethylene terephthalate
originating in Oman and Saudi Arabia
(2011/835/EU)
THE EUROPEAN COMMISSION,
(5)
On the same day, the Commission initiated an anti-
subsidy proceeding concerning imports into the Union
of certain PET originating in the countries concerned ( 3 ).
Having regard to the Treaty on the Functioning of the European
Union,
(6) The
Commission
sent
questionnaires
to
the
Union
industry, to the exporters/producers in the countries
concerned, to the importers, to any association known
Having regard to Council Regulation (EC) No 1225/2009 of
to be concerned, and to the authorities of the countries
30 November 2009 on protection against dumped imports
concerned. Interested parties were given the opportunity
from countries not members of the European Community ( 1 )
to make their views known in writing and to request a
(the basic Regulation), and in particular Article 9 thereof,
hearing within the time limit set out in the notice of
initiation.
After consulting the Advisory Committee,
(7) All
interested
parties
who
so
requested
and
showed
that
there were particular reasons why they should be heard
were granted a hearing.
Whereas:
B. WITHDRAWAL OF THE COMPLAINT AND TERMI
A. PROCEDURE
NATION OF THE PROCEEDING
(1) On
3
January
2011,
the
European
Commission (8) By
a
letter
of
12
October
2011
to
the
Commission,
the
(Commission) received a complaint concerning the
CPME formally withdrew its complaint.
alleged dumping of certain polyethylene terephthalate
(PET) originating in Oman and Saudi Arabia (the
countries concerned), thereby causing injury to the
Union Industry.
(9) In
accordance
with
Article
9(1)
of
the
basic
Regulation,

the proceeding may be terminated where the complaint
is withdrawn, unless such termination would not be in
the Union interest.
(2) The
complaint
was
lodged
by
the
Committee
of
Poly
ethylene Terephthalate (PET) Manufacturers in Europe
(CPME) (the complainant) on behalf of producers repre
(10) In this respect it is noted that the Commission did not
senting a major proportion, in this case more than 50 %,
identify any reason to indicate that termination would
of the total Union production of certain PET pursuant to
not be in the Union interest, nor was any such reason
Article 5 of the basic Regulation.
raised by interested parties. Therefore, the Commission
considered that the present proceeding should be
terminated. Interested parties were informed accordingly
and were given the opportunity to comment.
(3) The
complaint
contained
prima
facie
evidence
of
the
existence of dumping, and of material injury resulting
therefrom, which was considered sufficient to justify
the initiation of an anti-dumping proceeding.
(11) Some
interested
parties
expressed
support
for
the
termi
nation of the proceeding. Other interested parties,
although supporting the termination of the proceeding,
requested a disclosure of the findings of the investigation.
(4) The
Commission,
after
consultation
of
the
Advisory
Committee, by a notice published in the Official Journal
of the European Union ( 2 ) on 16 February 2011, initiated
an anti-dumping proceeding concerning imports into the
(12) It
is
noted
in
this
regard
that
the
Commission
did
not
European Union of certain PET originating in Oman and
reach a conclusion on its findings and is therefore not in
Saudi Arabia.
a position to disclose data gathered prior to the with
drawal of the complaint.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ C 49, 16.2.2011, p. 16.
( 3 ) OJ C 49, 16.2.2011, p. 21.

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L 330/46
EN
Official Journal of the European Union
14.12.2011
(13) In
view
of
the
above,
it
is
concluded
that
there
are
no
or higher, according to the ISO Standard 1628-5, originating in
compelling reasons against terminating this proceeding.
Oman and Saudi Arabia, currently falling within CN code
3907 60 20, is hereby terminated.
(14) The Commission therefore concludes that the anti-
dumping proceeding concerning imports into the
Article 2
Union of certain polyethylene terephthalate (PET) orig
inating in Oman and Saudi Arabia should be terminated,
This Decision shall enter into force on the day following its
publication in the Official Journal of the European Union.
HAS ADOPTED THIS DECISION:
Done at Brussels, 13 December 2011.
Article 1
For the Commission
The anti-dumping proceeding concerning imports of poly
The President
ethylene terephthalate having a viscosity number of 78 ml/g
José Manuel BARROSO

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