HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 134/12
EN
Official Journal of the European Union
24.5.2012
COMMISSION REGULATION (EU) No 437/2012
of 23 May 2012
initiating an investigation concerning the possible circumvention of anti-dumping measures
imposed by Council Implementing Regulation (EU) No 791/2011 on imports of certain open
mesh fabrics of glass fibres originating in the People's Republic of China by imports of certain
open mesh fabrics of glass fibres consigned from Taiwan and Thailand, whether declared as
originating in Taiwan and Thailand or not, and making such imports subject to registration
THE EUROPEAN COMMISSION,
Taiwan and Thailand, whether declared as originating in
Taiwan and Thailand or not, currently falling within the
same CN codes as the product concerned.
Having regard to the Treaty on the Functioning of the European
Union,
C. EXISTING MEASURES
Having regard to Council Regulation (EC) No 1225/2009 of
(5) The
measures
currently
in
force
and
possibly
being
30 November 2009 on protection against dumped imports
circumvented are anti-dumping measures imposed by
from countries not members of the European Community (
Council Implementing Regulation (EU) No 791/2011 (

1 )

2 ).
(‘the basic Regulation’) and in particular Articles 13(3) and 14(5)
thereof,
D. GROUNDS
(6) The
request
contains
sufficient
prima
facie
evidence
that
After having consulted the Advisory Committee in accordance
the anti-dumping measures on imports of certain open
with Articles 13(3) and 14(5) of the basic Regulation,
mesh fabrics of glass fibres originating in the People’s
Republic of China are being circumvented by means of
transhipment via Taiwan and Thailand.
Whereas:
(7) The
prima
facie
evidence
submitted
is
as
follows:
A. REQUEST
(1) The
European
Commission
('the Commission') has
(8) The
request
shows
that
a
significant
change
in
the
received a request pursuant to Articles 13(3) and 14(5)
pattern of trade involving exports from the People's
of the basic Regulation to investigate the possible circum
Republic of China, Taiwan and Thailand to the Union
vention of the anti-dumping measures imposed on
has taken place following the imposition of measures on
imports of certain open mesh fabrics of glass fibres orig
the product concerned, without sufficient due cause or
inating in the People's Republic of China and to make
justification for such a change other than the imposition
imports of certain open mesh fabrics of glass fibres
of the duty.
consigned from Taiwan and Thailand, whether declared
as originating in Taiwan and Thailand or not, subject to
registration.
(9) This
change
appears
to
stem
from
the
transhipment
of
certain open mesh fabrics of glass fibres originating in
the People's Republic of China via Taiwan and Thailand
(2) The
request
was
lodged
on
10
April
2012
by
Saint-
to the Union.
Gobain Adfors CZ s.r.o., Tolnatext Fonalfeldolgozo,
Valmieras "Stikla Skiedra" AS and Vitrulan Technical
Textiles GmbH, four Union producers of certain open
(10) Furthermore,
the
request
contains
sufficient
prima
facie
mesh fabrics of glass fibres.
evidence that the remedial effects of the existing anti-
dumping measures on the product concerned are being
undermined both in terms of quantity and price.
B. PRODUCT
Significant volumes of imports of the product under
investigation appear to have replaced imports of the
(3) The
product
concerned
by
the
possible
circumvention
is
product concerned. In addition, there is sufficient
open mesh fabrics of glass fibres, of a cell size of more
evidence that imports of the product under investigation
than 1,8 mm both in length and in width and weighing
are made at prices below the non-injurious price estab
more than 35g/m2, excluding glass fibre discs, orig
lished in the investigation that led to the existing
inating in the People’s Republic of China, currently
measures.
falling within CN codes ex
7019
51
00 and
ex 7019 59 00 ('the product concerned').
(11) Finally, the request contains sufficient prima facie
evidence that the prices of the product under investi
(4)
The product under investigation is the same as that
gation are dumped in relation to the normal value
defined in the previous recital, but consigned from
previously established for the product concerned.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 204, 9.8.2011, p. 1.

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EN
24.5.2012 Official
Journal
of
the
European
Union L
134/13
(12) Should
circumvention
practices
via
Taiwan
and
Thailand
(19) Since
the
possible
circumvention
takes
place
outside
the
covered by Article 13 of the basic Regulation, other than
Union, exemptions may be granted, in accordance with
transhipment, be identified in the course of the investi
Article 13(4) of the basic Regulation, to producers in
gation, the investigation may also cover these practices.
Taiwan and Thailand of open mesh fabrics of glass
fibres, of a cell size of more than 1,8mm both in
length and in width and weighing more than 35g/m2,
excluding glass fibre discs, that can show that they are
E. PROCEDURE
not related ( 1 ) to any producer subject to the measures ( 2 )
and that are found not to be engaged in circumvention
(13) In light of the above, the Commission has concluded that
practices as defined in Articles 13(1) and 13(2) of the
sufficient evidence exists to justify the initiation of an
basic Regulation. Producers wishing to obtain an
investigation pursuant to Article 13(3) of the basic Regu
exemption should submit a request duly supported by
lation and to make imports of the product under inves
evidence within the time-limit indicated in Article 3(3)
tigation, whether declared as originating in Taiwan and
of this Regulation.
Thailand or not, subject to registration, in accordance
with Article 14(5) of the basic Regulation.
F. REGISTRATION
(a) Questionnaires
(20) Pursuant
to
Article
14(5)
of
the
basic
Regulation,
imports

of the product under investigation should be made
(14) In
order
to
obtain
the
information
it
deems
necessary
for
subject to registration in order to ensure that, should
its investigation, the Commission will send question
the investigation result in findings of circumvention,
naires to the known exporters/producers and to the
anti-dumping duties of an appropriate amount can be
known associations of exporters/producers in Taiwan
levied from the date on which registration of such
and Thailand, to the known exporters/producers and to
imports consigned from Taiwan and Thailand was
the known associations of exporters/producers in the
imposed.
People's Republic of China, to the known importers
and to the known associations of importers in the
Union and to the authorities of the People's Republic
G. TIME-LIMITS
of China, Taiwan and Thailand. Information, as appro
priate, may also be sought from the Union industry.
(21) In the interest of sound administration, time-limits
should be stated within which:
(15) In
any
event,
all
interested
parties
should
contact
the
Commission forthwith, but not later than the time-limit
— interested parties may make themselves known to the
set in Article 3 of this Regulation, and request a ques
Commission, present their views in writing and
tionnaire within the time-limit set in Article 3(1) of this
submit questionnaire replies or any other information
Regulation, given that the time-limit set in Article 3(2) of
to be taken into account during the investigation,
this Regulation applies to all interested parties.
— producers in Taiwan and Thailand may request
exemption from registration of imports or measures,
(16) The authorities of the People's Republic of China, Taiwan
and Thailand will be notified of the initiation of the
( 1 ) In accordance with Article 143 of Commission Regulation (EEC) No
investigation.
2454/93 concerning the implementation of the Community
Customs Code, persons shall be deemed to be related only if: (a)
they are officers or directors of one another's businesses; (b) they are
legally recognized partners in business; (c) they are employer and
(b) Collection of information and holding of hearings
employee; (d) any person directly or indirectly owns, controls or

holds 5% or more of the outstanding voting stock or shares of
both of them; (e) one of them directly or indirectly controls the
(17) All
interested
parties
are
hereby
invited
to
make
their
other; (f) both of them are directly or indirectly controlled by a third
views known in writing and to provide supporting
person; (g) together they directly or indirectly control a third person;
evidence. Furthermore, the Commission may hear
or (h) they are members of the same family. Persons shall be deemed
interested parties, provided that they make a request in
to be members of the same family only if they stand in any of the
writing and show that there are particular reasons why
following relationships to one another: (i) husband and wife, (ii)
they should be heard.
parent and child, (iii) brother and sister (whether by whole or
half-blood), (iv) grandparent and grandchild, (v) uncle or aunt and
nephew or niece, (vi) parent-in-law and son-in-law or daughter-in-
law, (vii) brother-in-law and sister-in-law. (OJ L 253, 11.10.1993,
p. 1). In this context 'person' means any natural or legal person.
(c) Exemption of registration of imports or measures
( 2 ) However, even if producers are related in the aforementioned sense
to companies subject to the measures in place on imports orig
(18) In
accordance
with
Article
13(4)
of
the
basic
Regulation,
inating in the People’s Republic of China (the original anti-
imports of the product under investigation may be
dumping measures), an exemption may still be granted if there is
no evidence that the relationship with the companies subject to the
exempted from registration or measures if the
original measures was established or used to circumvent the original
importation does not constitute circumvention.
measures.

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L 134/14
EN
Official Journal of the European Union
24.5.2012
— interested parties may make a written request to be
organise a hearing with an individual interested party and
heard by the Commission.
mediate to ensure that the interested partie's rights of
defence are being fully exercised.
— Attention is drawn to the fact that the exercise of
(28) A
request
for
a
hearing
with
the
Hearing
Officer
should
most procedural rights set out in the basic Regulation
be made in writing and should specify the reasons for the
depends on the party's making itself known within
request. The Hearing Officer will also provide oppor
the time-limits mentioned in Article 3 of this Regu
tunities for a hearing involving parties to take place
lation.
which would allow different views to be presented and
rebuttal arguments offered.
H. NON-COOPERATION
(29) For
further
information
and
contact
details
interested
parties may consult the Hearing Officer's web pages on
(22) In
cases
in
which
any
interested
party
refuses
access
to
or
the Directorate-General for Trade's website: http://ec.
does not provide the necessary information within the
europa.eu/trade/tackling-unfair-trade/hearing-officer/
time-limits, or significantly impedes the investigation,
index_en.htm.
findings, affirmative or negative, may be made in

accordance with Article 18 of the basic Regulation, on
the basis of the facts available.
HAS ADOPTED THIS REGULATION:
Article 1
(23) Where
it
is
found
that
any
interested
party
has
supplied
false or misleading information, the information shall be
An investigation is hereby initiated pursuant to Article 13(3) of
disregarded and use may be made of facts available.
Regulation (EC) No 1225/2009, in order to determine if
imports into the Union of open mesh fabrics of glass fibres,
of a cell size of more than 1,8 mm both in length and in width
and weighing more than 35g/m
(24) If
an
interested
party
does
not
cooperate
or
cooperates

2 , excluding fibreglass discs,
only partially and findings are therefore based on the
consigned from Taiwan and Thailand, whether declared as orig
facts available in accordance with Article 18 of the
inating in Taiwan and Thailand or not, currently falling within
basic Regulation, the result may be less favourable to
CN codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes
that party than if it had cooperated.
7019 51 00 12,
7019 51 00 13,
7019 59 00 12
and
7019 59 00 13), are circumventing the measures imposed by
Council Implementing Regulation (EU) No 791/2011.
I. SCHEDULE OF THE INVESTIGATION
Article 2
(25) The investigation will be concluded, pursuant to
Article 13(3) of the basic Regulation, within nine
The Customs authorities are hereby directed, pursuant to
months of the date of the publication of this Regulation
Article 13(3) and Article 14(5) of Regulation (EC) No
in the Official Journal of the European Union.
1225/2009, to take the appropriate steps to register the
imports into the Union identified in Article 1 of this Regulation.
J. PROCESSING OF PERSONAL DATA
Registration shall expire nine months following the date of
entry into force of this Regulation.
(26) It
is
noted
that
any
personal
data
collected
in
this
inves
tigation will be treated in accordance with Regulation
(EC) No 45/2001 of the European Parliament and of
The Commission, by regulation, may direct Customs authorities
the Council of 18 December 2000 on the protection
to cease registration in respect of imports into the Union of
of individuals with regard to the processing of personal
products manufactured by producers having applied for an
data by the Community institutions and bodies and on
exemption of registration and having been found to fulfil the
the free movement of such data (
conditions for an exemption to be granted.

1 ).
Article 3
K. HEARING OFFICER
Questionnaires must be requested from the Commission within
(27) Interested
parties
may
request
the
intervention
of
the
15 days from publication of this Regulation in the Official
Hearing Officer of the Directorate-General for Trade.
Journal of the European Union.
The Hearing Officer acts as an interface between the
interested parties and the Commission investigation
Interested parties, if their representations are to be taken into
services. The Hearing Officer reviews requests for access
account during the investigation, must make themselves known
to the file, disputes regarding the confidentiality of docu
by contacting the Commission, present their views in writing
ments, requests for extension of time-limits and requests
and submit questionnaire replies or any other information
by third parties to be heard. The Hearing Officer may
within 37 days from the date of the publication of this Regu
lation in the Official Journal of the European Union, unless
( 1 ) OJ L 8, 12.1.2001, p. 1.
otherwise specified.

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EN
24.5.2012 Official
Journal
of
the
European
Union L
134/15
Producers in Taiwan and Thailand requesting exemption from
All written submissions, including the information requested in
registration of imports or measures must submit a request duly
this Regulation, questionnaire replies and correspondence
supported by evidence within the same 37-day time-limit.
provided by interested parties on a confidential basis must be
labelled as 'Limited' ( 1 ) and, in accordance with Article 19(2) of
the basic Regulation, must be accompanied by a non-
Interested parties may also apply to be heard by the
confidential version, which must be labelled 'For inspection by
Commission within the same 37-day time-limit.
interested parties'.
Interested parties are required to make all submissions and
Commission address for correspondence:
requests in electronic format (non-confidential submissions via
e-mail, confidential ones on CD-R/DVD), and must indicate
European Commission
their name, address, e-mail address, telephone and fax
Directorate-General for Trade
numbers. However, any Powers of Attorney, signed certifi
Directorate H
cations, and any updates thereof, accompanying questionnaire
Office: N105 4/92
replies must be submitted on paper, i.e. by post or by hand, at
1049 Bruxelles/Brussel
the address below. If an interested party cannot provide its
BELGIQUE/BELGI
submissions and requests in electronic format, it must
Fax +32 2 295 65 05
immediately inform the Commission in compliance with
E-mail: TRADE-AC-MESH-TT@ec.europa.eu
Article 18(2) of the basic Regulation. For further information
concerning correspondence with the Commission, interested
Article 4
parties may consult the relevant web page on the website of
the Directorate-General for Trade: http://ec.europa.eu/trade/
This Regulation shall enter into force on the day following that
tackling-unfair-trade/trade-defence.
of its 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, 23 May 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) A 'Limited' document is a document which is considered confidential
pursuant to Article 19 of Council Regulation (EC) No 1225/2009
(OJ L 343 22.12.2009 p. 51) and Article 6 of the WTO Agreement
on Implementation of Article VI of the GATT 1994 (Anti-Dumping
Agreement). It is also a document protected pursuant to Article 4 of
Regulation (EC) No 1049/2001 of the European Parliament and of
the Council (OJ L 145, 31.5.2001, p. 43).

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