ANNOUNCEMENT 16 Dec 2008

In December 2008, the European Commission initiated a sunset review and extended the definitive duties in May 2013. In May 2018, a new sunset review was initiated and the definitive duty was extended for a new period in July 2019. 

NUMBER OF INTERVENTIONS

1

  • 1 harmful
  • 0 neutral
  • 0 liberalising

SOURCE



Official Journal of the European Union, 23.05.2013, L 137/1:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:137:0001:0029:EN:PDF
Official Journal of the European Union, 24.02.2012, C 55/14:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2012:055:0014:0022:EN:PDF
Official Journal of the European Union, 06.11.1999, C 319/2:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:1999:319:0002:0004:EN:PDF
Official Journal of the European Union, 05.08.2000, L 199/6:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:199:0006:0047:EN:PDF
Official Journal of the European Union, 30.11.2000, L 301/1:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2000:301:0001:0020:EN:PDF
Official Journal of the European Union, 11.10.2005, L 266/1:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:266:0001:0009:EN:PDF
Official Journal of the European Union, 27.02.2007, L 59/34:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:059:0034:0059:EN:PDF
Official Journal of the European Union, 19.12.2008, L 340/1:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:340:0001:0012:EN:PDF
Official Journal of the European Union, 09.09.2011, L 232/19:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:232:0019:0028:EN:PDF
Official Journal of the European Union, 28.02.2014, L 59/5:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2014:059:0005:0006:EN:PDF
European Commission, Notice No 2014/C 171/04, Notice of initiation of a partial interim review of the countervailing measures applicable to imports of certain polyethylene terephthalate (PET) originating in India, Official Journal of the European Union, 06.06.2014, C 171, from p. C 171/11:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52014XC0606(01)&from=EN
European Commission, Notice No 2014/C 250/07, Notice of initiation of a partial interim review of the countervailing measures applicable to imports of certain polyethylene terephthalate (PET) originating in India, Official Journal of the European Union, 01.08.2014, C 250, from p. C 250/11:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52014XC0801(01)&from=EN
European Commission, Commission Implementing Regulation (EU) No 2015/1350 (03.08.2015), amending Council Implementing Regulation (EU) No 461/2013 imposing a definitive countervailing duty on imports of certain polyethylene terephthalate (PET) originating in India, Official Journal of the European Union, 05.08.2015, L 208, from p. L 208/10:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_208_R_0004&from=EN


Official Journal of the European Union, Case No. R694, Notice No. 2018/C 173/07, 22 May 2018: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOC_2018_173_R_0007&from=EN
Official Journal of the European Union, Case No. R694, Commission Implementing Regulation (EU) 2019/1286 of 30 July 2019, published on 31 July 2019: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32019R1286&from=EN
Official Journal of the European Union, Commission Implementing Regulation (EU) 2020/738 of 2 June 2020, published on 4 June 2020: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32020R0738&from=EN
The United Kingdom, Department for International Trade, Taxation Notice 2020/32, 31 December 2020: https://www.gov.uk/government/publications/trade-remedies-notice-countervailing-duty-on-certain-polyethylene-terephthalate-pet-originating-in-india/taxation-notice-202032-countervailing-duty-on-certain-polyethylene-terephthalate-pet-originating-in-india

Inception date: 24 May 2013 | Removal date: open ended

Anti-subsidy

On May 21, 2013, the European Union decided to impose a definitive countervailing duty on imports of polyethylene terephthalate (PET), having a viscosity number of 78 ml/g or higher, originating in India.
The amount of this definitive duty in EUR per tonne ranges from 0.00 to 106.5, depending on the Indian exporter. This definitive duty entered into force on May 24, 2013. The product subject to the duty is classified under the following HS code: 3907.6020.
This duty follows an expiry review requested on November 25, 2011 by the Committee of Polyethylene Terephthalate Manufacturers in Europe, on behalf of producers representing nearly 95% of the EU production of the investigated good. The European authorities then announced on February 24, 2012 the initiation of an expiry review.
 
The original CVD investigation was launched by the European Commission on November 6, 1999. The complaint was lodged on September 22, 1999 by the Polyethylene Terephthalate (PET) Committee of the Association of Plastic Manufacturers in Europe, on behalf of producers representing 85% of the EU production of the investigated good.
On August 3, 2000 the European Union decided to impose a provisional countervailing duty on the product under investigation. The amount of this provisional duty in EUR per tonne for Indian exporters ranged from 6.3 to 84.6, depending on the exporter. This provisional duty entered into force on August 6, 2000 for a period of four months.
On November 27, 2000 the European Union decided to impose a definitive countervailing duty on the product under investigation. The amount of this definitive duty in EUR per tonne for Indian exporters ranged from 0.00 to 41.3, depending on the exporter. This definitive duty entered into force on December 1, 2000.
On October 6, 2005, the European Union amended the duty imposed on November 27, 2000 and imposed a countervailing duty on the subject product of 106.5 EUR per tonne for the Indian exporter South Asian Petrochem Limited, the duty paid by the other exporting companies remaining unchanged.
 
On February 22, 2007, the European Union decided to extend for a further period of five years the definitive countervailing duty on imports of polyethylene terephthalate (PET) originating in India that was imposed on November 27, 2000. The amount of this extended definitive duty in EUR per tonne ranged from 0.00 to 106.5, depending on the Indian exporter. This extended definitive duty entered into force on February 28, 2007.
 
On December 16, 2008, the European Union decided to amend the definitive countervailing duty imposed on February 22, 2007. The amount of this duty in EUR per tonne still ranged from 0.00 to 106.5, depending on the Indian exporter. However the specific rate for 3 Indian exporters as well as the general rate 'All other companies' were modified within those upper and lower limits (see Council Regulation (EC) No. 193/2007 of 22 February 2007 for more details). Those changes entered into force on December 20, 2008.
 
On September 2, 2011, the European Union decided to amend a second time the definitive countervailing duty imposed on February 22, 2007. The amount of the countervailing duty charged on the Indian exporter Reliance Industries Ltd. was modified from 41.3 EUR per tonne to 90.4 EUR per tonne. This change entered into force on September 10, 2011.
 
On February 24, 2014, the European Union decided to amend the definitive countervailing duty imposed on May 21, 2013. Articles 1.4 and Article 2 of the Council Implementing Regulation (EU) No. 461/2013 were repealed. Article 1.4 stated that 'Notwithstanding paragraphs 1 and 2, the definitive countervailing duty shall not apply to imports released for free circulation in accordance with Article 2'. Article 2 stated in its first paragraph that 'imports shall be exempt from the countervailing duties imposed by Article 1 provided that they are produced and directly exported (i.e. invoiced and shipped) to a company acting as an importer in the Union by the companies whose names are listed in Decision 2000/745/EC, as from time to time amended, declared under the appropriate TARIC additional code and that the conditions set out in paragraph 2 are met'. Those amendments to the Council Implementing Regulation (EU) No. 461/2013 entered into force on March 1, 2014.
 
On June 6th, 2014, the European Commission announced the initiation of a partial interim review of the CVD imposed by Council Implementing Regulation (EU) No. 461/2013 on imports of certain polyethylene terephthalate originating in India (Notice No 2014/C 171/04). This partial review follows the application lodged by Dhunseri Petrochem & Tea Limited, an exporting producer from India. The review is limited in scope to the examination of subsidisation as far as the applicant is concerned.
 
On August 1, 2014, the European Commission announced the initiation of a partial interim review of the CVD imposed by Council Implementing Regulation (EU) No. 461/2013 on imports of certain polyethylene terephthalate originating in India (Notice No 2014/C 250/07). This partial review follows the application lodged by Reliance Industries Limited, an exporting producer from India. The review is limited in scope to the examination of subsidisation as far as the applicant is concerned.
 
On August 3rd, 2015, the European authorities terminated the two partial interim reviews mentioned above (initiated on June 6th, 2014 and August 1st, 2014, respectively) and decided to modify the countervailing duty imposed on May 21st, 2013 by Council Implementing Regulation (EU) No 461/2013 as far as the two applicants are concerned (Commission Implementing Regulation (EU) No 2015/1350).
The amount of the countervailing duty imposed on exports of the company Dhunseri Petrochem Limited is reduced from EUR 106.5 per metric ton to EUR 35.69 per metric ton. The amount of the countervailing duty imposed on exports of the company Reliance Industries Limited is reduced from EUR 90.4 per metric ton to EUR 69.39 per metric ton.
This decision entered into force on the day following the publication of the regulation in the Official Journal of the European Union (L 208), i.e. on August 6th, 2015.

On 22 May 2018, the European Commission initiated a sunset review of the anti-subsidy duty imposed on imports of certain polyethylene terephthalate from India. The investigation follows the application lodged on 23 February 2018 by the Committee of PET Manufacturers in Europe.

On 31 July 2019, the European Commission extended the definitive countervailing duty imposed on imports of the subject good from India following the conclusion of the sunset review. The rate of duty is between 18.73% and 69.4% of the net free-at-Union-frontier price before duty. The Regulation extending the definitive duty entered into force on 1 August 2019. 

On 5 June 2020, the European Commission amended the definitive countervailing duty imposed in August 2019. The amended duty is set between 2.3% and 13.8% of the net free-at-Union-frontier price before duty. The regulation amending the definitive duty was issued on 4 June 2020. 

On 31 December 2020, the UK Department for International Trade issued Taxation Notice 2020/32 maintaining the duty following the United Kingdom's exit of the European Union from 1 January 2020. Following the set expire of the definitive duty on 1 August 2024 the United Kingdom will determine the duty's continued imposition.

AFFECTED SECTORS

 

AFFECTED PRODUCTS