EN Official Journal of the European Union C 66/16

Notice of initiation of a partial interim review of the antidumping measures applicable to imports of recordable compact disks originating in Taiwan and of a partial interim review of the countervailing measures applicable to imports of recordable compact disks originating in India

(2007/C 66/07)

The Commission has decided on its own initiative to initiate a partial interim review of the antidumping measures applicable to imports of recordable compact disks originating in Taiwan pursuant to Article 11(3) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (‘the basic anti-dumping Regulation’) (1) and a partial interim review of the countervailing measures applicable to imports of recordable compact disks originating in India pursuant to Article 19 of Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidized imports from countries not members of the European Community (‘the basic anti-subsidy Regulation’) (2).

The reviews are limited to the examination of whether or not the continued imposition of the measures is not against the Community interest.

1. Product

The product under review is recordable compact disks (CD-Rs) originating in Taiwan and India (‘the product concerned’), currently classifiable within CN code ex 8523 40 11. This CN code is given only for information.

2. Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1050/2002 (3) on imports of recordable compact disks originating in Taiwan and a definitive countervailing duty imposed by Council Regulation (EC) No 960/2003 (4) on imports of recordable compact disks originating in India.

3. Grounds for the review

The information at the Commission's disposal indicates that, due to changes in the Community market since the investigation periods used in the investigations that led to the imposition of the existing measures, the continued imposition of the measures may no longer be in the Community interest. In particular, the Commission concluded in its anti-dumping investigation concerning imports of CD-Rs from the People's Republic of China, Hong Kong and Malaysia, that it would not be in the Community interest to impose measures on imports from those countries (5). In these circumstances, it is appropriate to review the need for the continued imposition of the existing measures, with the decision thereon possibly having retroactive effect as of 4 November 2006, i.e. the date of publication of the Decision terminating the anti-dumping investigation on imports of CD-Rs from the People's Republic of China, Hong Kong and Malaysia.

4. Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of partial interim reviews, the Commission hereby initiates a review of the anti-dumping measures applicable to imports of recordable compact disks originating in Taiwan in accordance with Article 11(3) of the basic anti-dumping Regulation and a review of the countervailing measures applicable to imports of recordable compact disks originating in India in accordance with Article 19 of the basic anti-subsidy Regulation, both limited in scope to the examination of the Community interest.

(a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Community producers, to the importers, and to the users. This information and supporting evidence should reach the Commission within the time limit set in point 5(a).

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in point 5(a).

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in point 5(b).

5. Time limits

(a) For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

(b) Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

6. Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited (6)’and, in accordance with Article 19(2) of the basic anti-dumping Regulation and Article 29(2) of the basic anti-subsidy Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

European Commission Directorate General for Trade Directorate B Office: J-79 5/16 B-1049 Brussels Fax (32-2) 295 65 05

7. Non-co-operation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic anti-dumping Regulation and Article 28 of the basic anti-subsidy Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic anti-dumping Regulation and Article 28 of the basic anti-subsidy Regulation of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

8. Schedule of the investigation

The investigation will be concluded, according to Article 11(5) of the basic anti-dumping Regulation and Article 22 of the basic anti-subsidy Regulation, within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17.).

(2) OJ L 288, 21.10.97, p. 1, as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(3) OJ L 160, 18.6.2002, p. 2.

(4) OJ L 138, 5.6.2003, p. 1.

(5) See recital 116 of Commission Decision 2006/753/EC (OJ L 305, 4.11.2006, p. 15).

(6) This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of the basic anti-dumping Regulation and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement) or pursuant to Article 29 of the basic anti-subsidy Regulation and Article 12 of they WTO Agreement on Subsidies and Countervailing Measures.