HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 188/8
EN
Official Journal of the European Union
18.7.2012
REGULATIONS
COMMISSION REGULATION (EU) No 653/2012
of 17 July 2012
initiating a 'new exporter' review of Council Regulation (EC) No 192/2007 imposing a definitive
anti-dumping duty on imports of polyethylene terephthalate originating, inter alia, in Taiwan,
repealing the duty with regard to imports from one exporter in this country and making these
imports subject to registration
THE EUROPEAN COMMISSION,
dumping measures applicable to imports of certain poly
ethylene terephthalate originating in India, Indonesia,
Having regard to the Treaty on the Functioning of the European
Malaysia, Taiwan and Thailand ( 3 ), i.e. inter alia in
Union,
Taiwan. Pending the completion of the expiry review
investigation, the measures continue to be in force.
Having regard to Council Regulation (EC) No 1225/2009 on
protection against dumped imports from countries not
D. GROUNDS
members of the European Community ("the basic Regu
lation") ( 1 ) and in particular Article 11(4) thereof,
(5) The
applicant
claims
that
it
did
not
export
the
product
under review to the Union during the period of investi
gation on which the anti-dumping measures were based,
After having consulted the Advisory Committee in accordance
i.e. the period from 1 October 1998 to 30 September
with Articles 11(4) and 14(5) of the basic Regulation,
1999 ("the original investigation period").
Whereas:
(6) Furthermore,
the
applicant
claims
that
it
is
not
related
to
A.
any of the exporting producers of the product under
REQUEST
review which are subject to the above-mentioned anti-
(1) The
European
Commission
("Commission") has received
dumping measures.
a request for a 'new exporter' review pursuant to
Article 11(4) of the basic Regulation.
(7) The
applicant
further
claims
that
it
has
begun
exporting
the product under review to the Union after the end of
(2) The
request
was
lodged
on
27
April
2012
by
Lealea
the original investigation period.
Enterprise Co., Ltd. ("the applicant"), an exporting
producer in Taiwan ("the country concerned") of
certain polyethylene terephthalate.
E. PROCEDURE
B. PRODUCT
(8) Union
producers
known
to
be
concerned
have
been
informed of the request for a review and have been
(3) The
product
under
review
is
polyethylene
terephthalate
given an opportunity to comment.
having a viscosity number of 78 ml/g or higher,
according to ISO (International Organization for Stan
dardization) standard 1628-5, originating, inter alia, in
(9) Having
examined
the
evidence
available,
the
Commission
Taiwan ("the product under review"), currently falling
concludes that there is sufficient evidence to justify the
within CN code 3907 60 20.
initiation of a 'new exporter' review, pursuant to
Article 11(4) of the basic Regulation, with a view to
C.
determine the applicant's individual margin of dumping
EXISTING MEASURES
and, should dumping be found, the level of the duty to
(4)
The measures currently in force are a definitive anti-
which its imports of the product under review into the
dumping duty imposed by Council Regulation (EC) No
Union shall be subject.
192/2007 ( 2 ) under which imports into the Union of the
product under review originating in Taiwan, including
the product produced by the applicant, are subject to a
(10) If it is determined that the applicant fulfils the
definitive anti-dumping duty of 143,4% with the
requirements to have an individual duty established, it
exception of two companies specially mentioned which
may be necessary to amend the rate of duty currently
are subject to individual duty rates. In February 2012, the
applicable to imports of the product under review from
Commission initiated an expiry review of the anti-
companies not individually mentioned in Article 1(2) of
Council Regulation (EC) No 192/2007.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 59, 27.2.2007, p. 1.
( 3 ) OJ C 55, 24.2.2012, p. 4.

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EN
18.7.2012 Official
Journal
of
the
European
Union L
188/9
(a) Questionnaires
facts available in accordance with Article 18 of the basic
Regulation, the result may be less favourable to that
(11) In
order
to
obtain
information
it
deems
necessary
for
its
party than if it had cooperated.
investigation, the Commission will send a questionnaire
to the applicant.
I. SCHEDULE OF THE INVESTIGATION
(b) Collection of information and holding of hearings
(22) The investigation will be concluded, pursuant to
(12) All
interested
parties
are
hereby
invited
to
make
their
Article 11(5) of the basic Regulation, within nine
views known in writing and to provide supporting
months of the date of the publication of this Regulation
evidence.
in the Official Journal of the European Union.
(13) Furthermore, the Commission may hear interested
J. PROCESSING OF PERSONAL DATA
parties, provided that they make a request in writing
showing that there are particular reasons why they
(23) It
is
noted
that
any
personal
data
collected
in
this
inves
should be heard.
tigation will be treated in accordance with Regulation
(EC) No 45/2001 of the European Parliament and of
F. REPEAL OF THE DUTY IN FORCE AND REGIS
the Council of 18 December 2000 on the protection
TRATION OF IMPORTS
of individuals with regard to the processing of personal
data by the Community institutions and bodies and on
(14) Pursuant
to
Article
11(4)
of
the
basic
Regulation,
the
the free movement of such data ( 1 ).
anti-dumping duty in force should be repealed with
regard to imports of the product under review which
K. HEARING OFFICER
are produced and sold for export to the Union by the
applicant. At the same time, such imports should be
(24) Interested
parties
may
request
the
intervention
of
the
made subject to registration in accordance with
Hearing Officer of the Directorate-General for Trade.
Article 14(5) of the basic Regulation, in order to
The Hearing Officer acts as an interface between the
ensure that, should the review result in a finding of
interested parties and the Commission investigation
dumping in respect of the applicant, anti-dumping
services. The Hearing Officer reviews requests for access
duties can be levied retroactively to the date of the
to the file, disputes regarding the confidentiality of docu
initiation of the review. The amount of the applicant's
ments, requests for extension of time-limits and requests
possible future liabilities cannot be estimated at this stage
by third parties to be heard. The Hearing Officer may
of the proceeding.
organise a hearing with an individual interested party and
mediate to ensure that the interested party's rights of
G. TIME-LIMITS
defence are being fully exercised.
(15) In the interest of sound administration, time-limits
should be stated within which:
(25) A
request
for
a
hearing
with
the
Hearing
Officer
should
be made in writing and should specify the reasons for the
(16) interested
parties
may
make
themselves
known
to
the
request. The Hearing Officer will also provide oppor
Commission, present their views in writing and submit
tunities for a hearing involving parties to take place
any information to be taken into account during the
which would allow different views to be presented and
investigation,
rebuttal arguments offered.
(17) interested
parties
may
make
a
written
request
to
be
heard
(26) For
further
information
and
contact
details
interested
by the Commission.
parties may consult the Hearing Officer's web pages on
the Directorate-General for Trade's website: http://ec.
(18) Attention is drawn to the fact that the exercise of most
europa.eu/trade/tackling-unfair-trade/hearing-officer/
procedural rights set out in the basic Regulation depends
index_en.htm
on the party's making itself known within the time-limits
indicated in Article 3 of this Regulation.
HAS ADOPTED THIS REGULATION:
H. NON-COOPERATION
Article 1
(19) In
cases
in
which
any
interested
party
refuses
access
to
or
does not provide the necessary information within the
A review of Council Regulation (EC) No 192/2007 is hereby
time-limits, or significantly impedes the investigation,
initiated pursuant to Article 11(4) of Regulation (EC) No
findings, affirmative or negative, may be made in
1225/2009 in order to determine if and to what extent the
accordance with Article 18 of the basic Regulation, on
imports of polyethylene terephthalate having a viscosity
the basis of the facts available.
number of 78 ml/g or higher, according to ISO standard
1628-5, currently falling within CN code 3907 60 20, orig
(20) Where
it
is
found
that
any
interested
party
has
supplied
inating in Taiwan, produced and sold for export to the Union
false or misleading information, the information shall be
by Lealea Enterprise Co., Ltd. (TARIC additional code A996)
disregarded and use may be made of facts available.
should be subject to the anti-dumping duty imposed by
Council Regulation (EC) No 192/2007.
(21) If
an
interested
party
does
not
cooperate
or
cooperates
only partially and findings are therefore based on the
( 1 ) OJ L 8, 12.1.2001, p. 1.

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L 188/10
EN
Official Journal of the European Union
18.7.2012
Article 2
cations, and any updates thereof, accompanying questionnaire
replies must be submitted on paper, i.e. by post or by hand, at
The anti-dumping duty imposed by Council Regulation (EC) No
the address below. If an interested party cannot provide its
192/2007 is hereby repealed with regard to the imports
submissions and requests in electronic format, it must
identified in Article 1 of the present Regulation.
immediately inform the Commission in compliance with
Article 18(2) of the basic Regulation. For further information
Article 3
concerning correspondence with the Commission, interested
parties may consult the relevant web page on the website of
The Customs authorities are hereby directed, pursuant to
the Directorate-General for Trade: http://ec.europa.eu/trade/
Article 11(4) and Article 14(5) of Regulation (EC) No
tackling-unfair-trade/trade-defence.
1225/2009, to take the appropriate steps to register the
imports into the Union identified in Article 1 of this Regulation.
All written submissions, including the information requested in
this Regulation, questionnaire replies and correspondence
Registration shall expire nine months following the date of
provided by interested parties on a confidential basis must be
entry into force of this Regulation.
labelled as 'Limited' ( 1 ) and, in accordance with Article 19(2) of
Regulation (EC) No 1225/2009, must be accompanied by a
Article 4
non-confidential version, which must be labelled 'For inspection
by interested parties'.
1. Interested
parties,
if
their
representations
are
to
be
taken
into account during the investigation, must make themselves
Commission address for correspondence:
known by contacting the Commission, present their views in
writing and submit a reply to the questionnaire indicated in
recital 11 of this Regulation or any information to be taken
European Commission
into account within 37 days from the date of the publication of
Directorate-General for Trade
this Regulation in the Official Journal of the European Union,
Directorate H
unless otherwise specified.
Office: N105 4/92
1049 Bruxelles/Brussel
2. Interested parties may also apply to be heard by the
BELGIQUE/BELGI
Commission within the same 37-day time-limit.
Fax +32 2295 65 05
E-mail: Trade-R557-PET-A@ec.europa.eu
3. Interested
parties
are
required
to
make
all
submissions
and
requests in electronic format (non-confidential submissions via
Article 5
e-mail, confidential ones on CD-R/DVD), and must indicate
their name, address, e-mail address, telephone and fax
This Regulation shall enter into force on the day following that
numbers. However, any Powers of Attorney, signed certifi
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 July 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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