HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 131/10
EN
Official Journal of the European Union
18.5.2011
COUNCIL IMPLEMENTING REGULATION (EU) No 475/2011
of 13 May 2011
amending Regulation (EC) No 1425/2006 imposing a definitive anti-dumping duty on imports of
certain plastic sacks and bags originating in the People’s Republic of China and Thailand, and
terminating the proceeding on imports of certain plastic sacks and bags originating in Malaysia
THE COUNCIL OF THE EUROPEAN UNION,
— it is not related to any of the exporters or producers
in the PRC which are subject to the anti-dumping
measures imposed by that Regulation (the second
Having regard to the Treaty on the Functioning of the European
criterion), and
Union,
— it has actually exported to the Union the products
Having regard to Council Regulation (EC) No 1225/2009 of
concerned after the investigation period on which the
30 November 2009 on protection against dumped imports
measures are based, or it has entered into an
from countries not members of the European Community ( 1 )
irrevocable contractual obligation to export a
(‘the basic Regulation’),
significant quantity to the Union (the third criterion),
Having regard to Council Regulation (EC) No 1425/2006 ( 2 ),
and in particular Article 2 thereof,
then Article 1 of that Regulation can be amended by
granting the new exporting producer the duty rate
applicable to the cooperating companies not included
Having regard to the proposal submitted by the European
in the sample, i.e. 8,4 %.
Commission (‘the Commission’) after consulting the Advisory
Committee,
(3) The
list
of
companies
granted
the
weighted
average
duty
rate of 8,4 % for cooperating companies and contained
Whereas:
in Regulation (EC) No 1425/2006 was amended
by Council Regulations (EC) No 249/2008 ( 3 ) and
(EC) No 189/2009 ( 4 ) and by Council Implementing
A. PREVIOUS PROCEDURE
Regulation (EU) No 474/2011 ( 5 ).
(1) By
Regulation
(EC)
No
1425/2006,
the
Council
imposed
a definitive anti-dumping duty on imports into the Union
of certain plastic sacks and bags originating in, inter alia,
B. NEW EXPORTING PRODUCER REQUESTS
the People’s Republic of China (‘PRC’). Given the large
number of cooperating exporting producers in the inves
(4) Six
Chinese
companies
have
applied
to
be
granted
the
tigation that led to the imposition of the anti-dumping
same treatment as the companies cooperating in the
duty (‘the original investigation’) in the PRC, a sample of
original investigation not included in the sample (‘new
Chinese exporting producers was selected and individual
exporting producer treatment’).
duty rates ranging from 4,8 % to 12,8 % were imposed
on the companies included in the sample, while other
cooperating companies not included in the sample were
(5) An
examination
has
been
carried
out
to
determine
attributed a duty rate of 8,4 %. By Regulation (EC) No
whether the six applicants fulfil the criteria for being
249/2008 a duty rate of 4,3 % has been set for a certain
granted new exporting producer treatment as set out in
company. A duty rate of 28,8 % for the PRC was
Article 2 of Regulation (EC) No 1425/2006.
imposed on companies which either did not make
themselves known or did not cooperate with the
investigation.
(6) An
application
form
was
sent
to
all
six
applicants
who
were asked to supply evidence to demonstrate that they
(2) Article
2
of
Regulation
(EC)
No
1425/2006
stipulates
met the three criteria mentioned above.
that where any new exporting producer in the PRC
provides sufficient evidence to the Commission that:
(7) One
company
requesting
new
exporting
producer
treatment did not provide the requested information. It
— it did not export to the Union the products described
was therefore not possible to verify whether it fulfilled
in Article 1(1) of that Regulation during the investi
the criteria set out in Article 2 of Regulation (EC)
gation period (1 April 2004 to 31 March 2005)
No 1425/2006 and its request had to be rejected.
(‘the investigation period’) (the first criterion),
( 3 ) OJ L 76, 19.3.2008, p. 8.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 4 ) OJ L 67, 12.3.2009, p. 5.
( 2 ) OJ L 270, 29.9.2006, p. 4.
( 5 ) See page 2 of this Official Journal.

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EN
18.5.2011 Official
Journal
of
the
European
Union L
131/11
(8) One
company
withdrew
its
application.
can be added to the list of exporting producers in Annex
I to Regulation (EC) No 1425/2006.
(9) One
company
neither
exported
the
product
concerned
to
the Union nor entered into an irrevocable contractual
(13) The applicants and the Union industry have been
obligation to export a significant quantity to the Union
informed of the findings of the examination and were
after the investigation period. Thus, it did not meet the
given the opportunity to submit their comments.
third criterion and its request was therefore rejected.
(14) All arguments and submissions made by interested
(10) One
company
was
not
considered
as
a
new
exporting
parties were analysed and duly taken into account
producer since it is related to an exporting producer in
where warranted,
the PRC which is subject to the anti-dumping measures
imposed by Regulation (EC) No 1425/2006. It thus did
HAS ADOPTED THIS REGULATION:
not meet the second criterion and its request was
therefore rejected.
Article 1
(11) One company submitted misleading information
The following company shall be added to the list of producers
concerning its date of establishment. This cast doubts
from the People’s Republic of China listed in Annex I to
on the reliability of the information provided, including
Regulation (EC) No 1425/2006:
the period of time the product concerned could have
been exported to the EU. Its request was therefore
rejected.
Company City
TARIC additional
code
(12) The evidence provided by the remaining Chinese
Xiamen Good Plastic Xiamen B109
exporting producer was considered sufficient to show
Co., Ltd
that it fulfils the criteria set out in Article 2 of
Regulation (EC) No 1425/2006. This exporting
Article 2
producer can therefore be granted the duty rate
applicable to the cooperating companies not included
This Regulation shall enter into force on the day following its
in the sample (i.e. 8,4 %) and consequently its name
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, 13 May 2011.
For the Council
The President
MARTONYI J.

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