1998R1821 — EN — 17.12.1998 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 1821/98
of 29 July 1998
imposing a definitive anti-dumping duty on imports of certain magnetic disks (3,5 /prime1microdisks)
originating in Indonesia and collecting definitively the provisional duty imposed
(OJ L 236, 22.8.1998, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2537/1999 of 29 November 1999 L 307 1 2.12.1999
1998R1821 — EN — 17.12.1998 — 001.001 — 2
▼B
COUNCIL REGULATION (EC)No 1821/98
of 29 July 1998
imposing a definitive anti-dumping duty on imports of certain
magnetic disks (3,5 /prime1microdisks)originating in Indonesia and
collecting definitively the provisional duty imposed
THE COUNCIL OF THE EUROPEAN UNION,
Havingreg ard to the Treaty establishingthe European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December
1995 on protection against dumped imports from countries not membersof the European Community (
1), and in particular Article 9(4) thereof,
Havingreg ard to the proposal submitted by the Commission after
consultingthe Advisory Committee,
Whereas:
A.Provisional measures
(1)The Commission, by Regulation (EC) No 502/98 (2) (hereinafter
referred to as the Provisional Duty Regulation), imposed a provi-sional anti-dumpingduty on imports into the Community ofcertain magnetic disks (3,5 /prime1microdisks) originating in Indonesia
and fallingwithin CN code ex 8523 20 90.
B.Subsequent procedure
(2)No representations were received followingpublication of the
provisional measures.
(3)The parties were informed of the essential facts and considera-tions on the basis of which it was intended to recommend theimposition of definitive duties and the collection of amountssecured by way of the provisional duty. They were also granted areasonable period within which to make representations subse-quent to this disclosure.
C.Product under consideration and like product
(4)As no additional comments have been presented under these
headings, the findings set out in recitals 9 to 12 of the ProvisionalDuty Regulation are confirmed.
D.Dumping
(5)Followingfinal disclosure, the Indonesian authorities claimed
that the exports of the product concerned were not of Indonesianorigin and that the proceeding should therefore be terminatedwithout adoptingprotective measures. However, no evidence wasadduced to this effect.
In this connection, the followingshould be noted. The invest-
igation showed that the Indonesian exports in question had beenaccompanied by preferential certificates of origin issued by theIndonesian authorities who took no steps to withdraw themsubsequently. Furthermore, up to final disclosure, neither theexportingproducer nor the Indonesian authorities raised thispoint. Both in the anti-circumvention investigation concerningthis product, which was terminated in July 1996, and duringthecourse of the verification visit carried out in the current invest-igation, it was established that the Indonesian exporter was agenuine producer of the product concerned. No evidence was
(1) OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by Regulation (EC)
No 905/98 (OJ L 128, 30. 4. 1998, p. 18).
(2) OJ L 63, 4. 3. 1998, p. 4.
1998R1821 — EN — 17.12.1998 — 001.001 — 3
▼B
found contradicting this finding. In the light of the above, therequest made by the Indonesian authorities could not, therefore,be granted.
(6)No other arguments in respect of the findings on dumping werepresented. The considerations and conclusions set out in recitals14 to 19 of the Provisional Duty Regulation are thereforeconfirmed.
E.Community industry, injury, causation, Community
interest, definitive duty
(7)As no further arguments have been presented in any of thesecontexts, the findings set out in recitals 20 to 58 of the Provi-sional Duty Regulation are confirmed.
F.Collection of provisional duties
(8)In view of the magnitude of the dumping margin established, the
injury caused to the Community industry, and the latter’s precar-ious financial situation, it is considered necessary that theamounts secured by way of the provisional anti-dumpingdutiesshould be definitively collected at the level of the definitiveduties,
HAS ADOPTED THIS REGULATION:
Article 1
▼M1
1. A definitive anti-dumpingduty is hereby imposed on imports of3,5 /prime1microdisks used to record and store encoded digital computer
information fallingwithin CN code ex 8523 20 90 (Taric code8523 20 90*40) and originating in Indonesia, with the exception of 3,5 /prime1
microdisks based on optically continuous servo trackingtechnolog y ormagnetic sector servo tracking technology with a storage capacity of120 MB or more.
▼
B
2. The rate of duty applicable to the net free-at-Community-frontierprice before duty shall be 41,1 %.
3. Unless otherwise specified, the provisions in force concerning
customs duties shall apply.
Article 2
The amounts secured by way of the provisional anti-dumpingduty
pursuant to Regulation (EC) No 502/98 shall be definitively collected atthe duty rate definitively imposed.
Article 3
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.