HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 292/4
EN
Official Journal of the European Union
10.11.2011
COMMISSION REGULATION (EU) No 1135/2011
of 9 November 2011
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 Malaysia, whether declared as originating in
Malaysia or not, and making such imports subject to registration
THE EUROPEAN COMMISSION,
in the People’s Republic of China, currently falling within
CN codes ex 7019 51 00 and ex 7019 59 00 (‘the
product concerned’).
Having regard to the Treaty on the Functioning of the European
Union,
(4)
The product under investigation is the same as that
defined in the previous recital, but consigned from
Malaysia, whether declared as originating in Malaysia or
not, currently falling within the same CN codes as the
Having regard to Council Regulation (EC) No 1225/2009 of
product concerned.
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(‘the basic Regulation’) and in particular Articles 13(3), 14(3)
and 14(5) thereof,
C. EXISTING MEASURES
(5) The
measures
currently
in
force
and
possibly
being
circumvented are anti-dumping measures imposed by
After having consulted the Advisory Committee in accordance
Council Implementing Regulation (EU) No 791/2011 ( 2 ).
with Articles 13(3) and 14(5) of the basic Regulation,
D. GROUNDS
Whereas:
(6) The
request
contains
sufficient
prima
facie
evidence
that
the anti-dumping measures on imports of certain open
mesh fabrics of glass fibres originating in the People’s
Republic of China are being circumvented by means of
A. REQUEST
the transhipment via Malaysia.
(1) The
European
Commission
(‘the
Commission’)
has
received a request pursuant to Articles 13(3) and 14(5)
The evidence submitted is as follows:
of the basic Regulation to investigate the possible circum
vention of the anti-dumping measures imposed on
imports of certain open mesh fabrics of glass fibres orig
inating in the People’s Republic of China and to make
(7) The
request
shows
that
a
significant
change
in
the
imports of certain open mesh fabrics of glass fibres
pattern of trade involving exports from the People’s
consigned from Malaysia, whether declared as originating
Republic of China and Malaysia to the Union has taken
in Malaysia or not, subject to registration.
place following the imposition of measures on the
product concerned, and that there is insufficient due
cause or justification other than the imposition of the
duty for such a change.
(2) The
request
was
lodged
on
27
September
2011
by
Saint-
Gobain Adfors CZ s.r.o., Tolnatext Fonalfeldolgozo es
Muszakiszovet-gyarto Bt., Valmieras ‘Stikla Skiedra’ AS
(8) This
change
in
the
pattern
of
trade
appears
to
stem
from
and Vitrulan Technical Textiles GmbH, four Union
the transhipment of certain open mesh fabrics of glass
producers of certain open mesh fabrics of glass fibres.
fibres originating in the People’s Republic of China via
Malaysia.
B. PRODUCT
(9) Furthermore,
the
request
contains
sufficient
prima
facie
(3) The
product
concerned
by
the
possible
circumvention
is
evidence that the remedial effects of the existing anti-
open mesh fabrics of glass fibres, of a cell size of more
dumping measures on the product concerned are being
than 1,8 mm both in length and in width and weighing
undermined both in terms of quantity and price.
more than 35 g/m 2 , excluding fibreglass discs, originating
Significant volumes of imports of the product under
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 204, 9.8.2011, p. 1.

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EN
10.11.2011 Official
Journal
of
the
European
Union
L
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investigation appear to have replaced imports of the
(c) Exemption of registration of imports or measures
product concerned. In addition, there is sufficient
evidence that imports of the product under investigation
(17) In
accordance
with
Article
13(4)
of
the
basic
Regulation,
are made at prices well below the non-injurious price
imports of the product under investigation may be
established in the investigation that led to the existing
exempted from registration or measures if the
measures.
importation does not constitute circumvention.
(10) Finally, the request contains sufficient prima facie
(18) Since
the
possible
circumvention
takes
place
outside
the
evidence that the prices of the product under investi
Union, exemptions may be granted, in accordance with
gation are dumped in relation to the normal value
Article 13(4) of the basic Regulation, to producers in
previously established for the product concerned.
Malaysia of certain open mesh fabrics of glass fibres
that can show that they are not related ( 1 ) to any
producer subject to the measures ( 2 ) and that are found
(11) Should
circumvention
practices
via
Malaysia
covered
by
not to be engaged in circumvention practices as defined
Article 13 of the basic Regulation, other than trans
in Article 13(1) and (2) of the basic Regulation.
hipment, be identified in the course of the investigation,
Producers wishing to obtain an exemption should
the investigation may also cover these practices.
submit a request duly supported by evidence within the
time limit indicated in Article 3(3) of this Regulation.
E. PROCEDURE
(12) In light of the above, the Commission has concluded that
F. REGISTRATION
sufficient evidence exists to justify the initiation of an
investigation pursuant to Article 13(3) of the basic Regu
(19) Pursuant
to
Article
14(5)
of
the
basic
Regulation,
imports
lation and to make imports of the product under inves
of the product under investigation should be made
tigation, whether declared as originating in Malaysia or
subject to registration in order to ensure that, should
not, subject to registration, in accordance with
the investigation result in findings of circumvention,
Article 14(5) of the basic Regulation.
anti-dumping duties of an appropriate amount can be
levied retroactively from the date of registration of
such imports consigned from Malaysia.
(a) Questionnaires
(13) In
order
to
obtain
the
information
it
deems
necessary
for
its investigation, the Commission will send question
G. TIME LIMITS
naires to the known exporters/producers and to the
known associations of exporters/producers in Malaysia,
(20) In
the interest of sound administration, time limits
to the known exporters/producers and to the known
should be stated within which:
associations of exporters/producers in the People’s
Republic of China, to the known importers and to the
known associations of importers in the Union and to the
— interested parties may make themselves known to the
authorities of the People’s Republic of China and
Commission, present their views in writing and
Malaysia. Information, as appropriate, may also be
submit questionnaire replies or any other information
sought from the Union industry.
to be taken into account during the investigation,
( 1 ) In accordance with Article 143 of Commission Regulation (EEC) No
(14) In
any
event,
all
interested
parties
should
contact
the
2454/93 concerning the implementation of the Community
Commission forthwith, but not later than the time
Customs Code, persons shall be deemed to be related only if: (a)
limit set in Article 3 of this Regulation, and request a
they are officers or directors of one another’s businesses; (b) they are
questionnaire within the time limit set in Article 3(1) of
legally recognised partners in business; (c) they are employer and
this Regulation, given that the time limit set in
employee; (d) any person directly or indirectly owns, controls or
holds 5 % or more of the outstanding voting stock or shares of
Article 3(2) of this Regulation applies to all interested
both of them; (e) one of them directly or indirectly controls the
parties.
other; (f) both of them are directly or indirectly controlled by a third
person; (g) together they directly or indirectly control a third person;
or (h) they are members of the same family. Persons shall be deemed
(15) The authorities of the People’s Republic of China and
to be members of the same family only if they stand in any of the
Malaysia will be notified of the initiation of the investi
following relationships to one another: (i) husband and wife; (ii)
parent and child; (iii) brother and sister (whether by whole or half
gation.
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; and (vii) brother-in-law and sister-in-law (OJ L 253,
(b) Collection of information and holding of hearings
11.10.1993, p. 1). In this context ‘person’ means any natural or
legal person.
(16) All
interested
parties
are
hereby
invited
to
make
their
( 2 ) However, even if producers are related in the aforementioned sense
views known in writing and to provide supporting
to companies subject to the measures in place on imports orig
evidence. Furthermore, the Commission may hear
inating in the People’s Republic of China (the original anti-
interested parties, provided that they make a request in
dumping measures), an exemption may still be granted if there is
no evidence that the relationship with the companies subject to the
writing and show that there are particular reasons why
original measures was established or used to circumvent the original
they should be heard.
measures.

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Official Journal of the European Union
10.11.2011
— producers in Malaysia may request exemption from
of defence, they may request the intervention of the
registration of imports or measures,
Hearing Officer of Directorate-General for Trade. He
acts as an interface between the interested parties and
the Commission services, offering, where necessary,
mediation on procedural matters affecting the protection
— interested parties may make a written request to be
of their interests in this proceeding, in particular with
heard by the Commission.
regard to issues concerning access to the file, confiden
tiality, extension of time limits and the treatment of
written and/or oral submission of views. For further
information and contact details, interested parties may
(21) Attention is drawn to the fact that the exercise of most
consult the Hearing Officer’s web pages on the website
procedural rights set out in the basic Regulation depends
of Directorate-General for Trade (http://ec.europa.eu/
on the party’s making itself known within the time limits
trade/tackling-unfair-trade/hearing-officer/index_en.htm),
mentioned in Article 3 of this Regulation.
HAS ADOPTED THIS REGULATION:
H. NON-COOPERATION
(22) In
cases
in
which
an
interested
party
refuses
access
to
or
does not provide the necessary information within the
time limits, or significantly impedes the investigation,
Article 1
findings, affirmative or negative, may be made in
accordance with Article 18 of the basic Regulation, on
An investigation is hereby initiated pursuant to Article 13(3) of
the basis of the facts available.
the basic Regulation, 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 35 g/m 2 , excluding fibreglass discs, consigned from
(23) Where
it
is
found
that
any
interested
party
has
supplied
Malaysia, whether declared as originating in Malaysia or not,
false or misleading information, the information shall be
currently falling within CN codes ex
7019
51
00 and
disregarded and use may be made of facts available. If an
ex 7019 59 00
(TARIC
codes
7019 51 00 11
and
interested party does not cooperate or cooperates only
7019 59 00 11), are circumventing the measures imposed by
partially and findings are therefore based on the facts
Implementing Regulation (EU) No 791/2011.
available in accordance with Article 18 of the basic Regu
lation, the result may be less favourable to that party
than if it had cooperated.
Article 2
I.
The Customs authorities are hereby directed, pursuant to
SCHEDULE OF THE INVESTIGATION
Articles 13(3) and 14(5) of the basic Regulation, to take the
(24) The investigation will be concluded, according to
appropriate steps to register the imports into the Union
Article 13(3) of the basic Regulation, within 9 months
identified in Article 1 of this Regulation.
of the date of the publication of this Regulation in the
Official Journal of the European Union.
Registration shall expire 9 months following the date of entry
into force of this Regulation.
J. PROCESSING OF PERSONAL DATA
(25) 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 Council of 18 December 2000 on the protection
The Commission, by regulation, may direct Customs authorities
of individuals with regard to the processing of personal
to cease registration in respect of imports into the Union of
data by the Community institutions and bodies and on
products manufactured by producers having applied for an
the free movement of such data (
exemption of registration and having been found to fulfil the

1 ).
conditions for an exemption to be granted.
K. HEARING OFFICER
Article 3
(26) It
is
also
noted
that
if
interested
parties
consider
that
they
are encountering difficulties in the exercise of their rights
1. Questionnaires should be requested from the Commission
within 15 days from publication of this Regulation in the
( 1 ) OJ L 8, 12.1.2001, p. 1.
Official Journal of the European Union.

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10.11.2011 Official
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European
Union
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2. Interested
parties,
if
their
representations
are
to
be
taken Commission, interested parties may consult the relevant web
into account during the investigation, must make themselves
page on the website of Directorate-General for Trade:
known by contacting the Commission, present their views in
http://ec.europa.eu/trade/tackling-unfair-trade/trade-defence. All
writing and submit questionnaire replies or any other
written submissions, including the information requested in
information within 37 days from the date of the publication
this Regulation, questionnaire replies and correspondence
of this Regulation in the Official Journal of the European Union,
provided by interested parties on a confidential basis shall be
unless otherwise specified.
labelled as ‘Limited’ ( 1 ) and, in accordance with Article 19(2) of
the basic Regulation, shall be accompanied by a non-confi
3. Producers
in
Malaysia
requesting
exemption
from
regis
dential version, which will be labelled ‘For inspection by interested
tration of imports or measures should submit a request duly
parties’.
supported by evidence within the same 37-day time limit.
Address for correspondence:
4. Interested parties may also apply to be heard by the
Commission within the same 37-day time limit.
European Commission
Directorate-General for Trade
5. Interested
parties
are
required
to
make
all
submissions
and
Directorate H
requests in electronic format (the non-confidential submissions
Office: N105 4/92
via e-mail, the confidential ones on CD-R/DVD), and must
1049 Bruxelles/Brussel
indicate the name, address, e-mail address, telephone and fax
BELGIQUE/BELGI
numbers of the interested party. However, any Powers of
Attorney, signed certifications, and any updates thereof, accom
Fax +32 22993704
panying questionnaire replies shall be submitted on paper, i.e.
E-mail: TRADE-AC-MESH@ec.europa.eu
by post or by hand, at the address below. Pursuant to
Article 18(2) of the basic Regulation if an interested party
Article 4
cannot provide its submissions and requests in electronic
format, it must immediately inform the Commission. For
This Regulation shall enter into force on the day following its
further information concerning correspondence with the
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, 9 November 2011.
For the Commission
The President
José Manuel BARROSO
( 1 ) A ‘Limited’ document is a document which is considered confidential
pursuant to Article 19 of Regulation (EC) No 1225/2009 (referred in
the text as ‘the basic Regulation’) and Article 6 of the WTO
Agreement on Implementation of Article VI of the GATT 1994
(‘the 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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