Explanatory Memorandum to COM(2011)488 - Amendment of Regulation (EU) No 1105/2010 imposing a definitive anti-dumping duty on imports of high tenacity yarn of polyesters from China and terminating the proceeding concerning imports of high tenacity yarn of polyesters from Korea and Taiwan - Main contents
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dossier | COM(2011)488 - Amendment of Regulation (EU) No 1105/2010 imposing a definitive anti-dumping duty on imports of high tenacity yarn of ... |
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source | COM(2011)488 ![]() |
date | 11-08-2011 |
Grounds for and objectives of the proposal This proposal concerns the application of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community ("the basic Regulation") in the proceeding concerning imports of high tenacity yarn of polyester 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.
General context This proposal is made in the context of the implementation of the basic Regulation and is the result of an investigation which was carried out in line with the substantive and procedural requirements laid out in the basic Regulation.
Existing provisions in the area of the proposal Council Regulation (EU) No 1105/2010 imposing a definitive anti-dumping duty on imports of high tenacity yarn of polyesters originating in the People’s Republic of China. Proposal for granting new exporting producer treatment to new exporter of the product concerned to the European Union.
Consistency with other policies and objectives of the Union Not applicable.
2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
Consultation of interested parties
Interested parties concerned by the proceeding have had the possibility to defend their interests during the investigation, in line with the provisions of the basic Regulation.
Collection and use of expertise
There was no need for external expertise.
Impact assessment This proposal is the result of the implementation of the basic Regulation. The basic Regulation does not make provision for a general impact assessment but contains an exhaustive list of conditions that have to be assessed.
3)
Summary of the proposed action The attached proposal for a Council Regulation is based on the definitive finding that one Chinese exporting producer has met all criteria to be granted the new exporting producer status and therefore be subject to the weighted average duty anti-dumping duty of 5,3 %.
Legal basis Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community ("the basic Regulation").
Subsidiarity principle The proposal falls under the exclusive competence of the Union. The subsidiarity principle therefore does not apply.
Proportionality principle The proposal complies with the proportionality principle for the following reason(s).
Council Regulation (EU) No 1105/2010 imposing a definitive anti-dumping duty on imports of high tenacity yarn of polyesters originating in the People’s Republic of China leaves no scope for national decision.
Indication of how financial and administrative burden falling upon the Union, national governments, regional and local authorities, economic operators and citizens is minimized and proportionate to the objective of the proposal is not applicable.
Choice of instruments
Proposed instruments: regulation.
Other means would not be adequate for the following reason: The above-mentioned basic Regulation does not foresee alternative options.
4)
The proposal has no implication for the Union budget.