Regulation 2008/893 - Council Regulation 893/2008 maintaining the anti-dumping duties on imports of polyester staple fibres from Belarus, China, Saudi Arabia and Korea following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 - Main contents
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Council Regulation (EC) No 893/2008 of 10 September 2008 maintaining the anti-dumping duties on imports of polyester staple fibres originating in Belarus, the People’s Republic of China, Saudi Arabia and Korea following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2008/893 |
| Original proposal | COM(2008)517  |
| CELEX number i | 32008R0893 |
| Document | 10-09-2008 |
|---|---|
| Publication in Official Journal | 16-09-2008; OJ L 247, 16.9.2008,Special edition in Croatian: Chapter 11 Volume 032 |
| Effect | 17-09-2008; Entry into force Date pub. + 1 See Art 1 |
| End of validity | 31-12-9999 |
16.9.2008 |
EN |
Official Journal of the European Union |
L 247/1 |
COUNCIL REGULATION (EC) No 893/2008
of 10 September 2008
maintaining the anti-dumping duties on imports of polyester staple fibres originating in Belarus, the People’s Republic of China, Saudi Arabia and Korea following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96
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 Community (1) (the basic Regulation), and in particular Article 11(3),
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
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A.PROCEDURE
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1.Measures in force and subject to review
(1) |
The Council, by Regulation (EC) No 428/2005 (2) imposed a definitive anti-dumping duty on imports of polyester staple fibres (PSF as defined in more detail in recital (15)) originating in the People’s Republic of China (PRC) and Saudi Arabia and amended Regulation (EC) No 2852/2000 (3) imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the Republic of Korea (Korea). On 8 July 2008, the Court of First instance annulled Article 2 of Regulation (EC) No 428/2005, to a limited extent, in relation to the anti-dumping duty imposed on exports into the European Community of goods produced and exported by the Korean company Huvis Corp (4). |
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2.Measures expired and subject to review
(2) |
The Council, by Regulation (EC) No 1799/2002 (5) imposed a definitive anti-dumping duty of imports of PSF originating in Belarus. The measures imposed by that Regulation expired on 11 October 2007. |
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3.Previous investigation concerning imports of PSF originating in Malaysia and Taiwan
(3) |
Following a withdrawal of the complaint, the Commission, by Decision 2007/430/EC (6) (the termination Decision) terminated an anti-dumping proceeding concerning imports of PSF originating in Malaysia and Taiwan (the previous investigation). In accordance with Article 9(1) of the basic Regulation it was considered that the termination of anti-dumping duties on imports from Malaysia and Taiwan was not against the Community interest. |
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4.Present investigation
(4) |
Having determined that there was sufficient prima facie evidence that the measures in force at the time could be no longer appropriate because their maintenance could be against the Community interest, the Commission initiated, on its own initiative, on 30 August 2007, by a notice published in the Official Journal of the European Union (7), a partial interim review of the measures, in force on that date, applicable to imports of PSF originating in Belarus, Korea, Saudi Arabia and the PRC (the countries concerned). The review is limited to the examination of whether or not the continued imposition of measures is not against the Community interest, with the decision thereon possibly having retroactive effect as of 22 June 2007, i.e. the entry into force of the termination Decision. |
(5) |
As mentioned above, the anti-dumping measures imposed on imports originating in Belarus lapsed on 11 October 2007. As a consequence, the review concerning Belarus has been discontinued. However, it was formally conducted until that date and the Commission considered in particular the question of retroactive repeal of measures in force between 22 June 2007 and 11 October 2007, should the conclusions warrant this. |
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5.Parties concerned
(6) |
The Commission officially advised the Community producers, the suppliers, the importers and users as well as associations of users and producers,... |
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