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18.12.2013 Official
Journal
of
the
European
Union L
341/43
COMMISSION REGULATION (EU) No 1356/2013
of 17 December 2013
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
slightly modified open mesh fabrics of glass fibres originating in the People’s Republic of China, and
making such imports subject to registration
THE EUROPEAN COMMISSION,
within CN code ex 7019 40 00 and originating in the
People’s Republic of China (‘the product under investi
gation’).
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
After having consulted the Advisory Committee in accordance
(6) The
request
contains
sufficient
prima
facie
evidence
that
with Articles 13(3) and 14(5) of the basic Regulation,
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
Whereas:
a slight modification of the product concerned to make it
fall under customs codes which are normally not subject
to the measures, and that the modification does not alter
the essential characteristics of the product concerned. The
A. REQUEST
slight modification consists of increasing the proportion
(1) The
European
Commission
(‘the
Commission’)
has
of glass fibre rovings in the open mesh, so that they
received a request pursuant to Articles 13(3) and 14(5)
predominate by weight in the product under investi
of the basic Regulation to investigate the possible circum
gation which is therefore to be classified under CN
vention of the anti-dumping measures imposed on
code 7019 40 00 as woven glass fibre fabrics of rovings.
certain open mesh fabrics of glass fibres originating in
the People’s Republic of China by imports of slightly
modified open mesh fabrics of glass fibres originating
(7) The
prima
facie
evidence
submitted
is
as
follows:
in the People’s Republic of China, and to make such
imports subject to registration.
(8) The
request
shows
that
a
significant
change
in
the
pattern of trade involving exports from the People’s
(2) The
request
was
lodged
on
6
November
2013
by
Saint-
Republic of China to the Union has taken place
Gobain Adfors CZ s.r.o., Tolnatext Fonalfeldolgozo,
following the imposition of the definitive anti-dumping
Valmieras ‘Stikla Skiedra’ AS and Vitrulan Technical
duty on the product concerned imposed by Imple
Textiles GmbH, four Union producers of certain open
menting Regulation (EU) No 791/2011, without
mesh fabrics of glass fibres.
sufficient due cause or economic justification for such a
change other than the imposition of the duty.
B. PRODUCT
(9) This
change
appears
to
stem
from
the
importation
of
the
(3) The
product
concerned
by
the
possible
circumvention
is
product under investigation into the Union. The request
certain open mesh fabrics of glass fibres, of a cell size of
contains sufficient prima facie evidence that the product
more than 1,8 mm both in length and in width and
under investigation has the same essential characteristics
weighing more than 35 g/m 2 , excluding glass fibre
and uses as the product concerned.
discs, originating in the People’s Republic of China,
currently falling within CN codes ex 7019 51 00 and
ex 7019 59 00 (‘the product concerned’).
(10) Furthermore,
the
request
contains
sufficient
prima
facie
evidence that the remedial effects of the existing anti-
dumping measures on the product concerned are being
(4)
The product under investigation is the same as that
undermined both in terms of quantity and price.
defined in the previous recital, but currently falling
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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L 341/44
EN
Official Journal of the European Union
18.12.2013
investigation appear to have replaced imports of the
exempted from registration or measures if the
product concerned. In addition, there is sufficient prima
importation does not constitute circumvention.
facie evidence that imports of the product under investi
gation are made at prices below the non-injurious price
established in the investigation that led to the existing
(19) Since the possible circumvention takes place outside the
measures.
Union, exemptions may be granted, in accordance with
Article 13(4) of the basic Regulation, to producers of the
product under investigation in the People’s Republic of
(11) Finally, the request contains sufficient prima facie
China that can show that they are not related ( 1 ) to any
evidence that the prices of the product under investi
producer subject to the existing measures ( 2 ) and that are
gation are dumped in relation to the normal value
found not to be engaged in circumvention practices as
previously established for the product concerned.
defined in Article 13(1) and (2) of the basic Regulation.
Producers wishing to obtain an exemption should submit
a request duly supported by evidence within the time
(12) Should
circumvention
practices
covered
by
Article
13
of
limit indicated in Article 3(3) of this Regulation.
the basic Regulation, other than the one mentioned
above, be identified in the course of the investigation,
the investigation may also cover these practices.
F. REGISTRATION
(20) Pursuant
to
Article
14(5)
of
the
basic
Regulation,
imports
E. PROCEDURE
of the product under investigation shall be made subject
to registration in order to ensure that, should the inves
(13) In light of the above, the Commission has concluded that
tigation result in findings of circumvention, anti-dumping
sufficient evidence exists to justify the initiation of an
duties of an appropriate amount can be levied from the
investigation pursuant to Article 13(3) of the basic Regu
date on which registration of such imports was imposed.
lation and to make imports of the product under inves
tigation subject to registration, in accordance with
G. TIME LIMITS
Article 14(5) of the basic Regulation.
(21) In
the interest of sound administration, time limits
should be stated within which:
(a) Questionnaires
(14) In
order
to
obtain
information
it
deems
necessary
for
its
— interested parties may make themselves known to the
investigation, the Commission will send questionnaires to
Commission, present their views in writing and
the known exporters/producers and to the known associ
submit questionnaire replies or any other information
ations of exporters/producers in the People’s Republic of
to be taken into account during the investigation,
China, to the known importers and to the known associ
ations of importers in the Union and to the authorities of
the People’s Republic of China. Information, as appro
— producers in the People’s Republic of China may
priate, may also be sought from the Union industry.
request exemption from registration of imports or
measures,
(15) In
any
event,
all
interested
parties
should
contact
the
Commission forthwith, but not later than the time
— interested parties may make a written request to be
limit set in Article 3 of this Regulation, and request a
heard by the Commission.
questionnaire within the time limit set in Article 3(1) of
this Regulation, given that the time limit set in
( 1 ) In accordance with Article 143 of Commission Regulation (EEC) No
Article 3(2) of this Regulation applies to all interested
2454/93 (OJ L 253, 11.10.1993, p. 1) concerning the implemen
tation of the Community Customs Code, persons shall be deemed to
parties.
be related only if: (a) they are officers or directors of one another’s
businesses; (b) they are legally recognised partners in business; (c)
they are employer and employee; (d) any person directly or indi
(16) The
authorities
of
the
People’s
Republic
of
China
will
be
rectly owns, controls or holds 5 % or more of the outstanding
notified of the initiation of the investigation.
voting stock or shares of both of them; (e) one of them directly
or indirectly controls the other; (f) both of them are directly or
indirectly controlled by a third person; (g) together they directly
(b) Collection of information and holding of hearings
or indirectly control a third person; or (h) they are members of
the same family. Persons shall be deemed to be members of the
(17) All
interested
parties
are
hereby
invited
to
make
their
same family only if they stand in any of the following relationships
to one another: (i) husband and wife; (ii) parent and child; (iii)
views known in writing and to provide supporting
brother and sister (whether by whole or half-blood); (iv) grandparent
evidence. Furthermore, the Commission may hear
and grandchild; (v) uncle or aunt and nephew or niece; (vi) parent-
interested parties, provided that they make a request in
in-law and son-in-law or daughter-in-law; (vii) brother-in-law and
writing and show that there are particular reasons why
sister-in-law. In this context ‘person’ means any natural or legal
they should be heard.
person.
( 2 ) However, even if producers are related in the aforementioned sense
to companies subject to the measures in place on imports orig
inating in the People’s Republic of China (the original anti-
(c) Exemption from registration of imports or measures
dumping measures), an exemption may still be granted if there is
no evidence that the relationship with the companies subject to the
(18) In
accordance
with
Article
13(4)
of
the
basic
Regulation,
original measures was established or used to circumvent the original
imports of the product under investigation may be
measures.

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EN
18.12.2013 Official
Journal
of
the
European
Union L
341/45
(22) Attention is drawn to the fact that the exercise of most
request. The Hearing Officer will also provide oppor
procedural rights set out in the basic Regulation depends
tunities for a hearing involving parties to take place
on the party making itself known within the time limits
which would allow different views to be presented and
laid down in Article 3 of this Regulation.
rebuttal arguments offered.
H. NON-COOPERATION
(30) For
further
information
and
contact
details,
interested
parties may consult the Hearing Officer’s web pages on
(23) In
cases
in
which
any
interested
party
refuses
access
to
or
does not provide the necessary information within the
the Directorate-General for Trade’s website (http://ec.
time limits, or significantly impedes the investigation,
europa.eu/commission_2010-2014/degucht/contact/
findings, affirmative or negative, may be made in
hearing-officer/),
accordance with Article 18 of the basic Regulation, on
the basis of the facts available.
HAS ADOPTED THIS REGULATION:
(24) Where
it
is
found
that
any
interested
party
has
supplied
false or misleading information, the information shall be
Article 1
disregarded and use may be made of facts available.
An investigation is hereby initiated pursuant to Article 13(3) of
Regulation (EC) No 1225/2009, in order to determine if
(25) If
an
interested
party
does
not
cooperate
or
cooperates
imports into the Union of open mesh fabrics of glass fibres,
only partially and findings are therefore based on the
of a cell size of more than 1,8 mm both in length and in width
facts available in accordance with Article 18 of the
and weighing more than 35 g/m 2 , excluding fibreglass discs,
basic Regulation, the result may be less favourable to
currently falling within CN code ex 7019 40 00 (TARIC code
that party than if it had cooperated.
7019 40 00 11, 7019 40 00 21 and 7019 40 00 50), orig
inating in the People’s Republic of China, are circumventing
the measures imposed by Implementing Regulation (EU) No
I. SCHEDULE OF THE INVESTIGATION
791/2011.
(26) The investigation will be concluded, pursuant to
Article 13(3) of the basic Regulation, within nine
months of the date of the publication of this Regulation
Article 2
in the Official Journal of the European Union.
The Customs authorities shall, pursuant to Article 13(3) and
Article 14(5) of Regulation (EC) No 1225/2009, take the appro
priate steps to register the imports into the Union identified in
J. PROCESSING OF PERSONAL DATA
Article 1 of this Regulation.
(27) 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
Registration shall expire nine months following the date of
the Council of 18 December 2000 on the protection
entry into force of this Regulation.
of individuals with regard to the processing of personal
data by the Community institutions and bodies and on
the free movement of such data ( 1 ).
The Commission, by regulation, may direct Customs authorities
to cease registration in respect of imports into the Union of
products manufactured by producers having applied for an
K. HEARING OFFICER
exemption from registration and having been found to fulfil
the conditions for an exemption to be granted.
(28) Interested
parties
may
request
the
intervention
of
the
Hearing Officer for the Directorate-General for Trade.
The Hearing Officer acts as an interface between the
interested parties and the Commission investigation
Article 3
services. The Hearing Officer reviews requests for access
to the file, disputes regarding the confidentiality of docu
1. Questionnaires
must
be
requested
from
the
Commission
ments, requests for extension of time limits and requests
within 15 days from publication of this Regulation in the
by third parties to be heard. The Hearing Officer may
Official Journal of the European Union.
organise a hearing with an individual interested party and
mediate to ensure that the interested parties’ rights of
defence are being fully exercised.
2. Interested
parties,
if
their
representations
are
to
be
taken
into account during the investigation, must make themselves
known by contacting the Commission, present their views in
(29) A
request
for
a
hearing
with
the
Hearing
Officer
should
writing and submit questionnaire replies or any other
be made in writing and should specify the reasons for the
information within 37 days from the date of the publication
of this Regulation in the Official Journal of the European Union,
( 1 ) OJ L 8, 12.1.2001, p. 1.
unless otherwise specified.

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L 341/46
EN
Official Journal of the European Union
18.12.2013
3. Producers
in
the
People’s
Republic
of
China
requesting All written submissions, including the information requested in
exemption from registration of imports or measures must
this Regulation, questionnaire replies and correspondence
submit a request duly supported by evidence within the same
provided by interested parties on a confidential basis must be
37-day time limit.
labelled as ‘Limited’ ( 1 ) and, in accordance with Article 19(2) of
the basic Regulation, must be accompanied by a non-
4. 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’.
Commission address for correspondence:
5. Interested
parties
are
required
to
make
all
submissions
and
requests in electronic format (non-confidential submissions via
European Commission
e-mail, confidential ones on CD-R/DVD), and must indicate
Directorate-General for Trade
their name, address, e-mail address, telephone and fax
Directorate H
numbers. However, any Powers of Attorney, signed certifi
Office: N105 08/020
cations, and any updates thereof, accompanying questionnaire
1049 Bruxelles/Brussel
replies must be submitted on paper, i.e. by post or by hand, at
BELGIQUE/BELGI
the address below. If an interested party cannot provide its
submissions and requests in electronic format, it must
Fax +32 222962219
immediately inform the Commission in compliance with
E-mail: TRADE-OPEN-MESH-FABRICS-DUMPING@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
policy/accessing-markets/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, 17 December 2013.
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 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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