HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 182/6
EN
Official Journal of the European Union
13.7.2012
COUNCIL IMPLEMENTING REGULATION (EU) No 627/2012
of 10 July 2012
terminating the partial interim review and the expiry review concerning the anti-dumping measures
applicable on imports of certain plastic sacks and bags originating in the People’s Republic of China
and Thailand imposed by Regulation (EC) No 1425/2006
THE COUNCIL OF THE EUROPEAN UNION,
(5) The
request
was
lodged
by
44
Union
producers
together,
representing around 30 % of the total estimated Union
production of certain plastic sacks and bags.
Having regard to the Treaty on the Functioning of the European
Union,
(6)
The request was based on the grounds that the expiry of
the measures would be likely to result in a continuation
Having regard to Council Regulation (EC) No 1225/2009 of
of dumping and injury if measures were allowed to lapse.
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(‘the basic Regulation’) and in particular Article 11(2), (3), (5)
and (6) and Article 9 thereof,
(7) Having
determined,
after
consulting
the
Advisory
Committee, that sufficient evidence existed for the
initiation of the partial interim review and an expiry
Having regard to the proposal submitted by the European
review, the Commission announced the initiation of the
Commission after consulting the Advisory Committee,
partial interim review pursuant to Article 11(3) of the
basic Regulation and an expiry review pursuant to
Article 11(2) of that Regulation by a notice published
Whereas:
on 21 September 2010 and 27 September 2011
respectively in the Official Journal of the European Union.
A. PROCEDURE
3. Investigations
1. Measures in force
3.1. Investigation periods
(1) By
Regulation
(EC)
No
1425/2006
( 2 ), the Council
imposed a definitive anti-dumping duty on imports of
(8) The
expiry
review
investigation
of
continuation
or
certain plastic sacks and bags, originating in the
recurrence of dumping and injury covered the period
People’s Republic of China (PRC) and Thailand.
from 1 July 2010 to 30 June 2011 (‘the review investi
gation period’ or ‘RIP’). The examination of the trends
relevant for the assessment of a likelihood of a
(2) That
Regulation
was
subsequently
amended
by
Council
continuation or recurrence of injury covered the period
Regulations (EC) No
1356/2007
( 3 ), (EC) No
from 1 January 2008 up to the end of the RIP (‘period
249/2008 ( 4 ) and (EC) No 189/2009 ( 5 ) and by Council
considered’).
Implementing Regulations (EU) No 474/2011 ( 6 ) and
(EU) No 475/2011 ( 7 ).
(9) The
review
investigation
period
for
the
partial
interim
2. Requests for reviews and initiation
review limited in scope to the examination of dumping
with regard to Greenwood Houseware (Zhuhai) Ltd
(3) On
18
May
2010,
the
Commission
received
a
request
for
covered the period from 1 April 2009 to 30 June 2010.
a partial interim review of Regulation (EC)
No 1425/2006 from Greenwood Houseware (Zhuhai)
Ltd, an exporting producer of certain plastic sacks and
3.2. Product concerned and like product
bags in the PRC (‘the applicant’).
(10) The
product
concerned
in
both
investigations
is
plastic
sacks and bags, containing at least 20 % by weight of
(4) Subsequently,
following
the
publication
of
a
notice
of
polyethylene and of sheeting of a thickness not exceeding
impending expiry of the definitive anti-dumping
100 micrometres (μm), originating in the PRC and
measures in force, the Commission received, pursuant
Thailand (‘the product concerned’), currently falling
to Article 11(2) of the basic Regulation, a request for
within CN codes ex 3923 21 00, ex 3923 29 10 and
an expiry review, lodged on 30 June 2011.
ex 3923 29 90.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 270, 29.9.2006, p. 4.
(11) As
far
as
the
product
produced
and
sold
in
the
Union
( 3 ) OJ L 304, 22.11.2007, p. 5.
market is concerned, no conclusive findings could be
( 4 ) OJ L 76, 19.3.2008, p. 8.
made with regard to Article 1(4) of the basic Regulation,
( 5 ) OJ L 67, 12.3.2009, p. 5.
( 6 ) OJ L 131, 18.5.2011, p. 2.
due to the insufficient cooperation of the Union industry
( 7 ) OJ L 131, 18.5.2011, p. 10.
in the expiry review (see Section B).

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EN
13.7.2012 Official
Journal
of
the
European
Union L
182/7
(12) As far as the product produced and sold on the domestic
3.4.2. S a m p l i n g m e t h o d o l o g y
market by the applicant of the interim review is
concerned, as well as the product produced and sold in
(20) Article
3(2)
of
the
basic
Regulation
requires
that
a
deter
a potential analogue country in the framework of the
mination of injury shall be based on positive evidence
interim review, it is noted that the investigation did
and shall involve an objective determination of, inter alia,
not reach any conclusions given the termination of
the impact of dumped imports on the Union industry.
both current investigations and the repeal of the
Any findings of injury and the information collected for
existing measures (see Section B).
that purpose would thus have to be representative of the
entire Union industry.
3.3. Parties concerned by the investigation
(21) It follows that the high level of fragmentation of the
(13) The Commission officially advised Greenwood
plastic sack and bags sector had to be taken into
Houseware (Zhuhai) Ltd and the representatives of the
consideration in the sampling exercise. In order to be
PRC of the initiation of the partial interim review limited
able to draw conclusions that would be representative
in scope to the examination of dumping. Both parties
of the entire Union industry, it was considered
were given the opportunity to make their views known
necessary to ensure that also the situation of the small
in writing and to request a hearing within the time limit
companies was properly reflected.
set out in the notice of initiation.


(14) The
Commission
officially
advised
the
Union
producers
(22) Consequently,
for
the
purpose
of
selecting
a
represen
who lodged the request for the expiry review, other
tative sample of Union producers, the cooperating
known Union producers and associations of Union
Union producers were divided into two segments based
producers, exporting producers, importers and users
on the volume of their yearly production: large or
known to be concerned as well as their associations.
medium-sized companies with production above
Producers in the possible analogue countries, i.e. India,
15 000 tonnes on the one hand and small companies
Indonesia, Malaysia, Turkey and USA and the represen
with production below 15 000 tonnes on the other
tatives of the PRC and Thailand were also informed of
hand. It was envisaged to sample the largest companies
the initiation of the expiry review. Interested parties were
within each segment.
given the opportunity to make their views known in
writing and to request a hearing within the time limit
set out in the notice of initiation.
(23) Furthermore,
the
producers’
geographical
spread
amongst
Member States as described in recital 19 was also taken
into consideration.
(15) All
interested
parties
who
so
requested
and
showed
that
there were particular reasons why they should be heard
were granted a hearing.
3.4.3. P r o c e d u r e
f o r
s e l e c t i n g
t h e
p r o v i s i o n a l s a m p l e
3.4. Sampling of Union producers
(24) The
procedure
to
obtain
the
information
necessary
for
(16) In view of the large number of Union producers involved
the selection of the sample of Union producers emanated
in the expiry investigation, the application of sampling
from the information obtained at initiation stage. In
was envisaged in the relevant notice of initiation in
addition, the relevant notice of initiation invited all
accordance with Article 17 of the basic Regulation.
other producers to make themselves known should
they wish to be included in the sample. Following the
publication of the notice of initiation, no company
3.4.1. D e s c r i p t i o n o f t h e U n i o n i n d u s t r y
contacted the Commission requesting to be included in
the sample.
(17) The sector of plastic sacks and bags production in the
Union is highly fragmented with a very large number of
producers of different sizes, including a large sector of
(25) As
a
result
of
the
criteria
explained
in
recitals
20
to
23,
small producers spread over several Member States.
five Union producers operating in four Member States
were selected to be in the sample. They were the largest
producers of each of the two segments, taking into
(18) The information provided at the initiation stage in the
request indicated that large or medium-sized companies
account size and geographical location. Three sampled
represented around 25 % of the cooperating producers
companies belong to the segment of large or medium-
and around 70 % of the cooperating Union production.
sized companies, two to the segment of small companies.
Accordingly, small companies represented around 75 %
of the cooperating producers and around 30 % of their
production.
(26) The
selected
companies
also
reflected
the
geographical
spread amongst Member States in terms of production,
with Germany and France representing the companies
(19) In addition, the information showed that the Union
operating in the large or medium-sized segment and
production is spread among several Member States, but
Spain and Italy those companies operating in the small
largely concentrated in Germany, France, Spain and Italy.
segment.

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L 182/8
EN
Official Journal of the European Union
13.7.2012
(27) The
sample
thus
selected
represented
22,5
%
of
total
(36) Due to the low cooperation on the part of the sampled
production of plastic sacks and bags by the cooperating
Union producers, it could not be reasonably concluded
producers and 12,3 % of the total estimated Union
that the data compiled from the cooperating companies
production, based on the total Union production
reflected the situation of the entire Union industry and
figures reported in the request.
therefore it was not possible to properly assess whether
the conditions specified in Article 3(2) of the basic Regu
lation were met.
(28) At
the
initiation
stage,
all
known
Union
producers
were
informed about the composition of the provisional
sample and were given the possibility to comment. No
comments were received.
(37) Following
the
attempts
to
select
a
new
sample,
one
group of producers reiterated their commitment to
taking an active part in the expiry review, restating the
B. SITUATION OF THE UNION INDUSTRY
importance of maintaining the anti-dumping measures in
force for the Union industry. This group of producers
(29) It
is
recalled
that
the
determination
of
injury
must
be
an
expressed regrets that only one amongst them was
evidence-based assessment of the effect of the dumped
invited by the Commission to complete the question
imports on the Union industry.
naire. In this context it should be noted that the will
ingness of these companies to cooperate was fully
considered and they were all included in the group of
(30) The
fragmentation
of
the
industry
therefore
had
to
be
companies that were taken into account for the selection
taken into account in the sample and questionnaires
of the new sample. It is recalled, however, that in order
requesting general data mainly regarding macroeconomic
to ensure the required representativity, the selection
indicators per Member State were in addition sent to all
method, as described in recitals 17 to 28 had to be
known Union associations of producers in order to
respected also for the new sample. Since only one of
obtain the necessary information needed.
the companies of this group fulfilled the criteria
mentioned above, only that company could be invited
to be part of the sample. The other companies were of a
(31) In terms of the sample of Union producers, the level of
size or situated in Member States that were already suffi
representativity was seriously affected by the fact that the
ciently represented in the sample.
largest sampled producer operating in the segment of
large or medium-sized companies and one producer
operating in the segment of small companies informed
the Commission that they did not wish to respond to the
(38) Certain
information
on
country-wide
production,
sales
questionnaire. This meant that only three out of the five
figures and other key macro indicators were received
sampled companies continued to cooperate and that no
from the national associations of the Netherlands,
or only partial information would be provided for the
Spain, Italy and partially France. However, the European
identified segments and producing Member States.
Plastics Converters Association (EuPC) did not provide
the information requested in the specific questionnaire
sent to them and therefore, no conclusive data could
(32) Numerous
attempts
where
therefore
made
to
select
a
be collected on a macroeconomic level across the Union.
new representative sample that would respect the
selection methodology outlined in recitals 17 to 28.
C. TERMINATION OF THE PROCEEDINGS
(33) In
this
respect
a
total
of
six
additional
Union
producers,
that had expressed their willingness to be sampled, were
(39) In light of the above and in accordance with Article 9 (2)
identified as possible replacements for the two companies
of the basic Regulation, the expiry review concerning
that had withdrawn the cooperation from the sample.
imports of plastic bags from the PRC and Thailand
These six additional companies were approached and
should be terminated.
requested to cooperate by filling out the Union
producer’s questionnaire.
(40) The low level of cooperation of the Union producers and
(34) Out
of
these
six
additional
Union
producers
approached,
the lack of a representative sample has prevented the
only one producer, representing the segment of large or
Commission from being able to assess whether the
medium-sized companies, eventually agreed to cooperate.
conditions specified in Article 3(2) and Article 11(2) of
No replacement was found to represent the production
the basic Regulation are met. It can thus not be
in Germany, one of the largest Member States in terms of
concluded whether the expiry of the measures in place
production of plastic sacks and bags.
would be likely to lead to a continuation or recurrence of
injury and the investigation should be terminated on
these grounds.
(35) Therefore,
it
was
not
possible
to
select
a
new
sample
in
accordance with Article 17(4) of the basic Regulation, as
the requisite representativity in terms of the identified
segments and producing Member States could not be
(41) It follows from the above that the interim review is
reached.
without purpose and should be terminated as well.

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EN
13.7.2012 Official
Journal
of
the
European
Union L
182/9
(42) All
parties
were
informed
of
the
essential
facts
and
(46) In view of the foregoing, none of the comments received
considerations on the basis of which it was intended to
were such as to alter the above conclusions. It is
recommend the termination of the two investigations.
therefore concluded that the anti-dumping proceeding
They were also granted a period to submit comments
concerning imports into the Union of certain plastic
subsequent to that disclosure. The submissions and
sacks and bags originating in the PRC and Thailand
comments were duly taken into consideration where
should be terminated and measures be repealed. It
warranted.
follows that the ongoing interim review referred to in
recital 3, will be terminated at the same time as this
expiry review,
(43) One
interested
party
claimed
that
since
it
was
proposed
to terminate the review due to lack of cooperation of the
Union producers, the anti-dumping measures should be
repealed with retroactive effect, i.e. as of 30 September
HAS ADOPTED THIS REGULATION:
2011, when the measures in force should have initially
expired.
Article 1
(44) In
this
context
it
is
recalled
that
the
request
for
the
The anti-dumping measures concerning imports of certain
review was made by Union producers representing
plastic sacks and bags, currently falling within CN codes
more than 30 % of the total Union production in
ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90 and orig
accordance with the basic Regulation. Moreover,
inating in the People’s Republic of China and Thailand are
Article 11(2) of the basic Regulation explicitly stipulates
hereby repealed and the proceeding concerning these imports
that measures shall remain in force pending the outcome
is terminated.
of the review. The findings mentioned in recital 40,
however, did not have an impact on the legality of the
initiation of the review as such which means that the
provisions in Article 11(2) stipulating that measures
Article 2
shall remain in force pending the outcome of the
review continue to apply. This argument therefore had
The partial interim review of the anti-dumping measures
to be rejected.
applicable to imports of certain plastic sacks and bags,

currently falling within CN codes ex
3923
21
00,
ex 3923 29 10 and ex 3923 29 90 and originating in the
(45) A
number
of
Union
producers
also
responded
to
the
People’s Republic of China initiated pursuant to Article 11(3)
disclosure by stating they were withdrawing as
of Regulation (EC) No 1225/2009, is hereby terminated.
complaining producer. However, taking into account
other Union producers maintained their position and
given the fact that the standing requirements as
Article 3
described in recital 5 were fulfilled at the time of the
initiation of the case, this would not have an impact
This Regulation shall enter into force on the day following that
on the procedure.
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, 10 July 2012.
For the Council
The President
V. SHIARLY

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