Council Regulation (EC) No 396/2008

of 29 April 2008

amending Regulation (EC) No 397/2004 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Pakistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community1 (the basic Regulation),
Having regard to Article 1(4) of Council Regulation (EC) No 397/2004 of 2 March 2004 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Pakistan2,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.PREVIOUS PROCEDURE
(1)

By Regulation (EC) No 397/2004, the Council imposed a definitive anti-dumping duty on imports into the Community of cotton-type bed linen falling within CN codes ex 6302 21 00 (TARIC codes 6302 21 00 81, 6302 21 00 89), ex 6302 22 90 (TARIC code 6302 22 90 19), ex 6302 31 00 (TARIC code 6302 31 00 90) and ex 6302 32 90 (TARIC code 6302 32 90 19), originating in Pakistan. A country-wide anti-dumping duty of 13,1 % was imposed on all companies exporting the product concerned to the Community.

(2)
In May 2006, following an ex officio partial interim review pursuant to Article 11(3) of the basic Regulation, the Council, by Regulation (EC) No 695/20063, amended Regulation (EC) No 397/2004 and established new duty rates ranging from 0 % to 8,5 % based on a new investigation period between 1 April 2003 and 31 March 2004. Given the large number of cooperating exporting producers, a sample was established.
(3)

The companies selected in the sample were attributed the individual duty rates established during the review investigation, while other cooperating companies not included in the sample were attributed the weighted average duty rate of 5,8 %. A duty rate of 8,5 % was imposed on companies which either did not make themselves known or did not cooperate in the investigation.

(4)

Article 1(4) of Regulation (EC) No 397/2004 gives the possibility to Pakistani exporting producers which meet the three criteria set out in the same Article to be granted the same treatment as the cooperating companies not included in the sample (new exporting producer treatment or NEPT).

(5)

Regulation (EC) No 925/2007 established the findings concerning 18 Pakistani companies having requested NEPT. Four of these companies were granted NEPT, while the requests of the remaining 14 companies were rejected.

B.NEW EXPORTING PRODUCERS’ REQUESTS
(6)

13 additional Pakistani companies have requested to be granted NEPT.

(7)An examination was carried out to determine whether each applicant fulfils the criteria for being granted NEPT as set out in Article 1(4) of Regulation (EC) No 397/2004, by verifying that:

  • it did not export to the Community the product described in recital 1 in the period between 1 April 2003 and 31 March 2004,

  • it is not related to any of the exporters or producers subject to the measures imposed by that Regulation, and

  • it has actually exported to the Community the product concerned after the investigation period on which the measures are based or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community.

(8)

A questionnaire was sent to all applicants who were asked to supply evidence to demonstrate that they met the three criteria mentioned above.

(9)

Exporting producers fulfilling these three criteria may be granted the duty rate applicable to the cooperating companies not included in the sample, i.e. 5,8 %, pursuant to Article 1(4) of Regulation (EC) No 397/2004.

C.FINDINGS
Companies which have submitted incomplete replies
(10)

Three Pakistani companies requesting NEPT did not reply to the initial questionnaire. It was therefore not possible to verify whether these companies fulfilled the criteria set out in Article 1(4) of Regulation (EC) No 397/2004 and their request had to be rejected. These companies were informed that their application would not be considered any further and were given the opportunity to comment. No comments were received.

Companies which have submitted a complete reply
(11)

For two Pakistani exporting producers, the examination of the information submitted showed that they had provided sufficient evidence to prove that they meet the three criteria set out in Article 1(4) of Regulation (EC) No 397/2004. Therefore, these two producers can be granted the duty rate applicable to the cooperating companies not included in the sample (i.e. 5,8 %) in accordance with Article 1(4) of Regulation (EC) No 397/2004 and be added to the list of exporting producers in the Annex to that Regulation.

(12)

One Pakistani company was found to be related to a company which had cooperated in the review investigation and which exported the product concerned during the IP. Therefore, this producer did not fulfil the second criterion set out in Article 1(4) of Regulation (EC) No 397/2004, and its request for NEPT was therefore rejected. This company was informed that its application could not be considered any further and was given the opportunity to comment, but it did not submit any additional information that could lead to a change in the findings.

(13)

Three Pakistani companies were found to have exported the product concerned during the IP. Therefore, these three producers did not fulfil the first criterion set out in Article 1(4) of Regulation (EC) No 397/2004 and their requests for NEPT were therefore rejected. These companies were informed that their application could not be considered any further and were given the opportunity to comment, but they did not submit any additional information that could lead to a change in the findings.

(14)

Three Pakistani companies were unable to prove that they had sold the product concerned to the Community after the IP or having entered into an irrevocable contractual obligation to export a significant quantity to the Community. Therefore, it could not be established whether these companies had exported the product concerned after the IP as set out in the third criterion in Article 1(4) of Regulation (EC) No 397/2004, and their requests for NEPT were therefore rejected. These companies were informed that their application could not be considered any further and were given the opportunity to comment, but they did not submit any additional information that could lead to a change in the findings.

(15)

One Pakistani company was unable to prove that it was a producer of the product concerned and did not supply any supporting evidence of any sales of the product concerned to the Community after the IP or having entered into an irrevocable contractual obligation to export a significant quantity to the Community. This applicant did not therefore meet the basic criterion of being an exporting producer and its application could therefore not be considered any further. This company was informed that its application could not be considered any further and were given the opportunity to comment, but did not submit any additional information that could lead to a change in the findings.

(16)

All the applicants and the Community industry were informed of the final findings of the examination and were given the opportunity to submit their comments.

D.CONCLUSION
(17)

In consideration of the findings mentioned in recital 11, two Pakistani exporting producers were found to fulfil the criteria set out in Article 1(4) of Regulation (EC) No 397/2004 to be granted NEPT. These companies should therefore be added to the list of cooperating manufacturers in the Annex to Regulation (EC) No 397/2004 and be subject to the duty rate of 5,8 %. The requests submitted by the remaining 11 Pakistani companies should be rejected for the reasons outlined above,

HAS ADOPTED THIS REGULATION:

Article 1

The list of cooperating manufacturers in the Annex of Regulation (EC) No 397/2004 shall be replaced by the following:

Name

Address

‘A.B. Exports (PVT) Ltd

Off. No 6, Ground Floor,

Business Center, New Civil Lines,

Faisalabad

A.S.T. (PVT) Limited

Saba Square 2-C, Saba Commercial Street No 3,

Phase V Extension, D.H. Authority,

Karachi

Aala Processing Industries (PVT) Ltd

5 KM Satyana Road

Faisalabad 38000

Abdur Rahman Corporation (Pvt) Ltd

P-214 Muslim Town #1,

Sargodha Road,

Faisalabad

Adil Waheed Garments

66-Zubair Colony, Jaranwala Road,

Faisalabad

Afroze Textile Industries (Pvt) Ltd

LA 7/1-7, Block 22 F.B. Area,

Karachi

Al Musawar Textile (PVT) Ltd

Atlas Street, Maqbool Road,

Faisalabad

M/S Al-Ghani International

202 Bhaiwala, Ghona Road,

Faisalabad

Al-Karam Textile Mills (PVT) Ltd

3rd floor, K.D.L.B. Building,

58-West Wharf Road,

Karachi

Al-Latif

W,S, 24, Block-2, Azizabad, F.B. Area,

Karachi-75950

Al-Noor Processing & Textile Mills

Sargodha Road,

Near Bava Chak,

Faisalabad

Al-Raheem Textile

F/40, Block-6, P.E.C.H.S.,

Karachi

Ameer Enterprises

3rd floor, Bismillah Centre, Street No 2,

Karkhana Bazar, Yanr Market,

Faisalabad

Amsons Textile Mills (PVT) Ltd

D-14/B, S.I.T.E.,

Karachi

Amtex (Private) Limited

1-Km, Khurrianwala-Jaranwala Road,

Faisalabad

Anjum Textile Mills (PVT) Ltd

Anjum Street, Nalka Kohala, Sargodha Road,

Faisalabad

Ansa Industries

Plot #16, Sector C-2

Karachi Exporting Processing Zone

Landhi Industrial Area

Karachi 74000

Apex Corporation

1-19, Arkay Square,

PO Box 13373,

Karachi

M/S Arif Textiles Private Limited

Karim Bibi Street, Bawa Chak,

Sargodha Road

Faisalabad

Arshad Corporation

1088/2, Jail Road

Faisalabad 38000

Arzoo Textile Mills Ltd

2,6 km, Jaranwala Road, Khurrinwala,

Faisalabad

Asia Textile Mills

D-156, S.I.T.E. Avenue,

Karachi

Aziz Sons

D21/Karach, S.I.T.E.,

Karachi-75700

B.I.L. Exporters

15/5, Sector 12/C, North Karachi Industrial Area,

Karachi

Baak Industries

P-107, Akbarabad, Near Allied Hospital,

Faisalabad

Be Be Jan Pakistan Limited

Square No 7, Chak No 204/R.B.,

Faisalabad

Bela Textiles Ltd

A-29/A, S.I.T.E.,

Karachi

Bismillah Fabrics (PVT) Ltd

3 Km, Jhumbra Road, Khurrianwala,

Faisalabad

Bismillah Textiles (PVT) Ltd

1. KM, Jaranwala Road, Khurrianwala,

Faisalabad

Classic Enterprises

B-1/1, Sector 15, Korangi Industrial Area,

Karachi

M/S Club Textile

Sargodha Road, Ali Block

Faisalabad

Cotton Arts (PVT) Ltd

613/1, Dagrawaan Road,

Faisalabad

D.L. Nash (Private) Ltd

11, Timber Pond, Keamari Road,

Karachi-75620

Dawood Exports PVT Ltd

PO Box 532, Sargodha Road,

Faisalabad

Decent Textiles

P-1271, Abdullahpur, West Canal Road,

Faisalabad

En Em Fabrics (Pvt) Ltd

10th Km, Sargodha Road,

Faisalabad

En Em Industries Ltd

10th Km, Sargodha Road,

Faisalabad

Enn Eff Exports

4th floor, Business Centre, New Civil Lines,

Faisalabad

Faisal Industries

Office 205, Madina City Mall,

Abdullah Haroon Road, Saddar,

Karachi

Fashion Knit Industries

5-Business Centre, Ground Floor,

Mumtaz Hassan Road,

Karachi

Fateh Textile Mills Limited

PO Box No 69, Hali Road, S.I.T.E.,

Hyderabad

Gerpak Textile (PVT) Ltd

317 Clifton Centre, Schon Circle,

Kehkashan Clifton,

Karachi

Gohar Textile mills

208 Chak Road, Zia Town,

Faisalabad

H.A. Industries (PVT) Ltd

10 KM, Jaranwala Road,

Faisalabad

Haroon Fabrics (Private) Limited

P-121, Rafique Colony, Jail Road,

Faisalabad

Hay’s (PVT) Limited

A-33, (C), Textile Avenue, S.I.T.E.,

Karachi-75700

M/S Home Furnishings Limited

Plot No 1, 2, 10, 11, Sector IX-B.,

Karachi Export Processing Zone, Karachi

Homecare Textiles

D-115, S.I.T.E.,

Karachi

Husein Industries Ltd

HT-8 Landhi Industrial & Trading Estate,

Landhi, Karachi

Ideal International

A-63/A, SIND Industrial Trading Estate,

Karachi-75700

J.K. Sons Private Limited

3-1/A, Peoples Colony

Jaranwala Road

Faisalabad

Jaquard Weavers

811 Mahmoodabad Colony,

Multan

Kam International

F-152, S.I.T.E.,

Karachi

Kamal Spinning Mills

4th KM, Jranwala Road, Khurrianwala,

Faisalabad

Kausar Processing Industries (PVT) Ltd

P-61 Gole Chiniot Bazar,

Faisalabad

Kausar Textile Industries (PVT) Ltd

Maqbool Road,

Faisalabad

Khizra Textiles International

P-68, First Floor, Tawakal Cloth Market,

Gol Chiniot Bazar,

Faisalabad-38000

Kohinoor Textile Mills Limited

Peshawar Road,

Rawalpindi

Latif International (PVT) Ltd

Street No 1, Abdullahpur,

Faisalabad

Liberty Mills Limited

A/51-A, S.I.T.E.,

Karachi

M/s M.K. SONS Pvt Limited

2 KM, Khurrianwala, Jarranwala Road,

Faisalabad

MSC Textiles (PVT) Ltd

P-19, 1st floor, Montgomery Bazar,

Faisalabad

Mughanum (PVT) Ltd

P-162, Circular Road,

Faisalabad

Mustaqim Dyeing & Printing Industries (Pvt) Ltd

D-14/A, Bada Board, S.I.T.E.,

Karachi

Naseem Fabrics

Suite #404, 4th floor, Faisalcomplex,

Bilal Road, Civil Lines,

Faisalabad

Nawaz Associates

87 D/1 Main Boulevard Gulberg III,

Lahore

Nazir Industries

Suite 3, 7th floor, Textile Plaza,

M.A. Jinnah Road,

Karachi-74000

Niagara Mills (PVT) Ltd

Kashmir Road, Nishatabad,

Faisalabad

Nina Industries Limited

A-29/A, S.I.T.E.,

Karachi

Nishitex Enterprises

P-224, Tikka Gali No 2, Y.Y. Plaza.,

1st floor, Montgomery Bazar,

Faisalabad

Parsons Industries (PVT) Ltd

E-53 S.I.T.E.,

Karachi

Popular Fabrics (PVT) Limited

Plot 115, Landhi Industrial Area,

Karachi

Rainbow Industries

810/A, Khanewal Road,

Multan

Rehman International

P-2, Al Rehman House,

Ghulam Rasool Nagar Main Road,

Sarfraz Colony, Faisalabad

Sadaqat Textile Mills Pvt Ltd

Sadaqat Street, Sargodha Road,

Faisalabad

Sadiq Siddique Co.

170-A, Latif Cloth Market, M.A. Jinnah Road,

Karachi

Sakina Exports International

#313, Dada Chambers, M.A. Jinnan Road,

Karachi-74000

Samira Fabrics (PVT) Ltd

401-403, Chapal Plaza, Hasrat Mohani Road,

Karachi

Sapphire Textile Mills Limited

313, 3rd floor, Cotton exchange Bldg. I.I.,

Chundrigar Road,

Karachi

Shahzad Siddique (PVT) Ltd

4,5 KM, Khurrainwala Jaranwala Road,

Faisalabad

Shalimar Cotton Export (PVT) Ltd

Yousaf Chowk, Sargodha Road,

Faisalabad

Sharif Textiles Industries (PVT) Ltd

PO Box 265, Satiana Road,

Faisalabad

Shercotex

39/c, Peoples Colony,

Faisalabad

Sitara Textile Industries Limited

6- K.M., Sargodha Road,

Faisalabad

South Asian Textile Inds.

Street No 3, Hamedabad Colony, Vehari Road,

Multan

Sweety Textiles Pvt Ltd

P-237, 2nd floor, Hassan Arcade

Montgomery Bazar,

Faisalabad

Tex-Arts

P-22, 1st floor, Montgomery Bazar,

Faisalabad

The Crescent Textile Mills Ltd

Sargodha Road,

Faisalabad

Towellers Limited

WSA 30-31, Block 1, Federal B,

Karachi

Union Exports (PVT) Limited

D-204/A, S.I.T.E.,

Karachi-75700

United Finishing Mills Ltd

2nd floor, Regency Arcade, The Mall,

Faisalabad

United Textile Printing Industries (Pvt) Ltd

PO Box 194, Maqbool Road,

Faisalabad

Wintex Exports PVT Ltd

P-17/A, Main Road, Sarfaraz Colony,

Faisalabad

Zafar Fabrics (PVT) Limited

Chak No 119, J.B. (Samana), Sargodha Road,

Faisalabad

Zamzam Weaving and Processing Mills

Bazar 1, Razabad,

Faisalabad

ZIS Textiles Private Limited

3Km Sheikhupaura Road

Khurrianwala

Faisalabad’

Article 2

This Regulation shall enter into force on the day following 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 Luxembourg, 29 April 2008.

For the Council

The President

D. Rupel