1999R1335 — EN — 17.12.1998 — 001.001 — 1
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►B COUNCILREGULATION(EC)No1335/1999
of21June1999
reimposingadefinitiveanti-dumpingdutyonimportsofcertain magneticdisks(3,5 ″microdisks)
originatinginIndonesiaandproducedandsoldforexporttotheCommunitybyPTBetadiskindo
Binatama
(OJ L 159, 25.6.1999, p. 14)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2537/1999 of 29 November 1999 L 307 1 2.12.1999
▼B
COUNCILREGULATION(EC)No1335/1999
of21June1999
reimposing a definitive anti-dumping duty on imports of certain
magnetic disks (3,5 ″microdisks) originating in Indonesia and
produced and sold for export to the Community by PT Betadis-
kindoBinatama
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 notmembersof the European Community(
1) and in particular Article
11(4) thereof,
Having regard to the proposal submitted by the Commission after
consulting the Advisory Committee,
Whereas:
A.PREVIOUSPROCEDURE
(1)By Regulation (EC) No 1821/98(2), the Council imposed a defi-
nitive anti-dumping duty of 41,1 % on importsof certainmagnetic disks (3,5 ″microdisks), used to record and store
encoded digital computer information (hereinafter referred to as
the ‘product concerned’), falling within CN code ex 8523 20 90(Taric code 8523 20 90*10) and originating in Indonesia.
B.PRESENTPROCEDURE
(2)The Commission subsequently received an application from the
Indonesian producer PT Betadiskindo Binatama (hereinafterreferred to as‘Betadis kindo’ or ‘the company’) for a review ofthe measures currently in force, namely a request to initiate a‘new exporter’ review of Regulation (EC) No 1821/98, pursuantto Article 11(4) of Council Regulation (EC) No 384/96 (herein-
after referred to as ‘the Basic Regulation’). Betadiskindo claimed
that it wasnot related to any of the exportersor producersinIndonesia subject to the anti-dumping measures in force withregard to the product concerned. Furthermore, the companyclaimed that it had not exported the product concerned to the
Community during the original period of investigation (1 March
1994 to 28 February 1995) but that it had exported the productconcerned to the Community subsequently.
(3)The Commission examined the evidence submitted by thecompany, and considered it sufficient to justify the initiation ofa review in accordance with Article 11(4) of the Basic Regula-tion. After consultation of the Advisory Committee and after the
Community industry concerned had been given the opportunity
to comment, the Commission initiated, by Regulation (EC) No2152/98(
3), a review of Regulation (EC) No 1821/98 with regard
to Betadiskindo and commenced its investigation.
The Regulation initiating the review also repealed the anti-
dumping duty imposed by Regulation (EC) No 1821/98 withregard to importsof the product concerned, produced andexported to the Community by Betadiskindo, and directed
customs authorities, pursuant to Article 14(5) of the Basic Regu-
lation, to take appropriate steps to register such imports.
(4)The product covered by the review wasthe s ame product astheone under consideration in Regulation (EC) No 1821/98.1999R1335 — EN — 17.12.1998 — 001.001 — 2
(1) OJ L 56, 6.3.1996, p. 1, Regulation aslas t amended by Regulation (EC) No
905/98 (OJ L 128, 30.4.1998, p. 18).
(2) OJ L 236, 22.8.1998, p. 1.
(3) OJ L 271, 8.10.1998, p. 9.
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(5)The Commission officially advised Betadiskindo and the repre-
sentatives of the exporting country. Furthermore, it gave other
partiesdirectly concerned the opportunity to make their viewsknown in writing and to request a hearing. However, no suchrequest was received by the Commission.
On commencing the investigation, the Commission sent a ques-
tionnaire to Betadiskindo. However, the reply to thequestionnaire contained deficiencies which the company wasasked to rectify but failed to do so. Moreover, the Commissionwas unable to verify the information it deemed necessary for the
purpose of the investigation because no verification visit could
be arranged, despite the fact that the company had beeninformed of the tight time limitsapplicable to the inves tigationand of the possible consequence of non-cooperation.
C.SCOPEOFREVIEW
(6)Asno reques t for a review of the findingson injury wasmade,
the review waslimited to dumping.
D.RESULTSOFTHEINVESTIGATION
(7)Asthe company'slack of cooperation meant that the Commis -
sion was unable to establish whether the company was indeed anewcomer or calculate the level of dumping, findingswere madein accordance with Article 18(1) of the Basic Regulation. In theabsence of any cooperation, it must be concluded that importsinto the Community of certain magnetic disks (3,5 ″microdisks)
produced and exported by Betadiskindo should be subject to the
country-wide duty (41,1 %) imposed by Council Regulation(EC) No 1821/98 and that that rate of duty should therefore bereimposed.
E.RETROACTIVELEVYINGOFTHEANTI-DUMPINGDUTY
(8)Asthe review hasres ulted in a determination of dumping in
respect of Betadiskindo, the anti-dumping duty applicable tothis company shall also be levied retroactively from the date ofinitiation of the review on importswhich, purs uant to Article 3of Regulation (EC) No 2152/98, have been subject to registra-
tion.
F.DISCLOSUREANDDURATIONOFTHEMEASURES
(9)Betadiskindo was informed of the facts and considerations on the
basis of which it was intended to propose the application of
Regulation (EC) No 1821/98 to itsimportsinto the Community.
(10)Thisreview doesnot affect the date on which Regulation (EC)
No 1821/98 will expire pursuant to Article 11(2) of the BasicRegulation,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty ishereby impos ed on importsof
3,5″microdisks used to record and store encoded digital computer
information falling within CN code ex 8523 20 90 (Taric code8523 20 90*40) originating in Indonesia and produced and sold forexport to the Community by PT Betadiskindo Binatama, with the
exception of 3,5 ″microdisks based on optically continuous servo
tracking technology or magnetic sector servo tracking technology witha storage capacity of 120 MB or more.
2. The rate of duty applicable to the net free-at-Community-frontier
price before duty shall be 41,1 %.1999R1335 — EN — 17.12.1998 — 001.001 — 3
▼M1
▼B
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3. The duty hereby imposed shall be levied on imports of the
product concerned which have been registered in accordance withArticle 3 of Regulation (EC) No 2152/98.
4. Unless otherwise specified, the provisions in force concerning
customs duties shall apply.
Article 2
ThisRegulation s hall enter into force on the day following itspublica-
tion in the Official Journal of the European Communities .
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1999R1335 — EN — 17.12.1998 — 001.001 — 4