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9.9.2011 Official
Journal
of
the
European
Union L
232/29
COUNCIL IMPLEMENTING REGULATION (EU) No 907/2011
of 6 September 2011
amending Implementing Regulation (EU) No 1105/2010 imposing a definitive anti-dumping duty
and collecting definitively the provisional duty imposed on imports of high tenacity yarn of
polyesters originating in the People’s Republic of China, and terminating the proceeding
concerning imports of high tenacity yarn of polyesters originating in the Republic of Korea and
Taiwan
THE COUNCIL OF THE EUROPEAN UNION,
in the sample were attributed a duty rate of 5,3 %. Two
cooperating non-sampled companies were granted indi
vidual examination within the meaning of Article 17(3)
of the basic Regulation, they received duties of 0 % and
Having regard to the Treaty on the Functioning of the European
9,8 %. A duty rate of 9,8 % for the PRC was imposed on
Union,
all other companies.
Having regard to Council Regulation (EC) No 1225/2009 of
(3) Article
4
of
Implementing
Regulation
(EU)
No
30 November 2009 on protection against dumped imports
1105/2010 gives the possibility to new Chinese
from countries not members of the European Community ( 1 )
exporting producers which meet the criteria set out in
(the basic Regulation), and in particular Article 9 thereof,
that Article to be granted the duty rate applicable to the
cooperating companies not included in the sample, i.e.
5,3 %.
Having regard to Council Implementing Regulation (EU) No
1105/2010 of 29 November 2010 imposing a definitive anti-
dumping duty and collecting definitively the provisional duty
B. NEW EXPORTING PRODUCERS’ REQUESTS
imposed on imports of high tenacity yarn of polyesters orig
inating in the People’s Republic of China and terminating the
(4) Two
companies
(the
applicants)
have
requested
to
be
proceeding concerning imports of high tenacity yarn of
granted ‘new exporting producer treatment’ (NEPT).
polyesters originating in the Republic of Korea and Taiwan ( 2 ),
and in particular Article 4 thereof,
(5) An
examination
has
been
carried
out
to
determine
whether each of the applicants fulfils the criteria for
Having regard to the proposal submitted by the European
being granted NEPT as set out in Article 4 of Imple
Commission (the Commission) after consulting the Advisory
menting Regulation (EU) No 1105/2010, by verifying
Committee,
that the applicant:
Whereas:
— is a producer of the product concerned in the PRC,
A.
— did not export the product concerned to the Union
MEASURES IN FORCE
during the investigation period on which the
(1) By
Implementing
Regulation
(EU)
No
1105/2010,
the
measures are based (1 July 2008 to 30 June 2009),
Council imposed a definitive anti-dumping duty on
imports of high tenacity yarn of polyesters (other than
sewing thread), not put up for retail sale, including
monofilament of less than 67 decitex, originating in
— is not related to any of the exporters or producers in
the People’s Republic of China (PRC), currently falling
the PRC which are subject to the measures imposed
within CN code 5402 20 00 (the product concerned).
by that Regulation,

— has actually exported to the Union the product
(2) Given
the
large
number
of
cooperating
exporting
concerned after the investigation period on which
producers in the investigation that led to the imposition
the measures are based, or it has entered into an
of the anti-dumping duty (the original investigation) in
irrevocable contractual obligation to export a
the PRC, a sample of Chinese exporting producers was
significant quantity to the Union.
selected and individual duty rates ranging from 0 % to
5,5 % were imposed on the companies included in the
sample, while other cooperating companies not included
(6) Questionnaires
were
sent
to
the
applicants
who
were
( 1 ) OJ L 343, 22.12.2009, p. 51.
asked to supply evidence to demonstrate that they met
( 2 ) OJ L 315, 1.12.2010, p. 1.
the criteria mentioned above.

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L 232/30
EN
Official Journal of the European Union
9.9.2011
(7) The
Commission
sought
and
verified
all
information
it
D. MODIFICATION OF THE LIST OF COMPANIES BENE
deemed necessary for the purpose of determining
FITING FROM INDIVIDUAL DUTY RATES
whether the criteria set out in Article 4 of Implementing
Regulation (EU) No 1105/2010 had been fulfilled. Verifi
(11) In consideration of the findings of the investigation as
cation visits were carried out at the premises of the two
indicated in recital 8, it is concluded that the company
applicants:
Jiangsu Hengli Chemical Fibre Co. Ltd should be added to
the list of individual companies mentioned under
Article 1(2) of Implementing Regulation (EU) No
— Jiangsu Hengli Chemical Fibre Co. Ltd,
1105/2010 with a duty rate of 5,3 %.
— Amann Twisting Yancheng Co. Ltd.
(12) The applicants and the Union industry have been
informed of the findings of the investigation and were
given the opportunity to submit their comments.
C. FINDINGS
(8) Concerning
one
applicant,
Jiangsu
Hengli
Chemical
Fibre (13) All arguments and submissions made by interested
Co. Ltd, the examination of the information submitted
parties were analysed and duly taken into account
showed that it had provided sufficient evidence to prove
where warranted,
that it meets the criteria set out in Article 4 of Imple
menting Regulation (EU) No 1105/2010. Therefore, this
HAS ADOPTED THIS REGULATION:
applicant could be granted the weighted average duty
rate for the cooperating companies not included in the
Article 1
sample (i.e. 5,3 %) in accordance with Article 4 of Imple
The Annex referred to in Article 1(2) of Implementing Regu
menting Regulation (EU) No 1105/2010, and should be
lation (EU) No 1105/2010 shall be replaced by the following:
added to the list of exporting producers of Article 1(2) of
that Regulation.
‘ANNEX
CHINESE COOPERATING EXPORTING PRODUCERS NOT
(9) Concerning
the
other
applicant,
Amann
Twisting
SAMPLED
Yancheng Co. Ltd, the examination of the information
submitted showed that it had not provided sufficient
TARIC Additional Code A977
evidence to prove that it meets the criteria set out in
Article 4 of Implementing Regulation (EU) No
Company name City
1105/2010. In particular, the investigation revealed that
the main raw material used in the manufacturing process,
Heilongjiang Longdi Co. Ltd Harbin
high tenacity yarn of polyesters, is not produced by the
Jiangsu Hengli Chemical Fibre Co. Ltd Wujiang
applicant but purchased from unrelated suppliers. The
filament is processed by the applicant through different
Hyosung Chemical Fiber (Jiaxing) Co. Ltd Jiaxing
production steps, including twisting, and finally exported
Shanghai Wenlong Chemical Fiber Co. Ltd Shanghai
under the definition of the product concerned. As the
applicant did not produce the product concerned but
Shaoxing Haifu Chemistry Fibre Co. Ltd Shaoxing
actually merely processed it, it was concluded that
Amann Twisting Yancheng Co. Ltd cannot be considered
Sinopec Shanghai Petrochemical Company Shanghai
to be a producer of the product concerned. It therefore
Wuxi Taiji Industry Co. Ltd Wuxi’
does not fulfil the requirement for NEPT that the
company requesting it must be a ‘producer’ of the
product concerned.
Article 2
This Regulation shall enter into force on the day following its
(10) Its
request
for
NEPT
was
therefore
rejected.
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, 6 September 2011.
For the Council
The President
M. DOWGIELEWICZ

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