COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 30.06.1998 
COM(1998) 402 final 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Regulation (EC) No 2398/97 imposing a definitive anti-dumping duty on 
imports of cotton-type bed linen originating in Egypt, India and Pakistan 
(presented by the Commission) 

Explanatory memorandum 
1. By Regulation (EC) No 2398/97 the Council imposed a definitive anti­
dumping duty on imports of cotton-type bed linen originating in Egypt, 
India and Pakistan. The investigation, which led to the imposition of the 
above-mentioned duty, used sampling in accordance with Article 17 of 
Regulation (EC) No 384/96 on protection against dumped imports from 
countries not members of the European Community hereinafter referred to 
as the basic Regulation. 
2. Article 11(4) of the basic Regulation provides that when sampling has been 
used in the investigation a new exporter's review cannot be initiated. 
However, in order to ensure equal treatment between any genuine new 
exporting producer and the co-operating companies not included in the 
sample used in the above-mentioned investigation, Article 3 of Regulation 
(EC) No 2398/97 established that where any new exporting producer 
provides sufficient evidence to the Commission that it fulfils three basic 
requirements, i.e. no exports during the investigation period, no relations 
with exporting producers subject to the measures and actual exports or 
contractual obligations to export after the investigation period, then the 
Council may grant to these new exporting producers the weighted average 
duty applicable to the co-operating companies not included in the sample. 
This would be done with an amendment of Article 1(3) of Regulation (EC) 
No 2398/97 by adding the new exporting producers to the list in Annex I to 
that Regulation. 
3. The Commission received from India several requests for new exporting 
producer's treatment. The examination of these requests together with the 
additional evidence provided, where necessary, by the applicant companies 
showed that seven of them fulfilled all the relevant requirements. 
4. The Commission accordingly proposes that the Council adopt the attached 
proposal for a Regulation which amends Article 1(3) of Regulation (EC) 
No 2398/97 by adding these seven new exporting producers to the list in 
Annex I to that Regulation. 
Proposal for a 
COUNCIL REGULATION (EC) No / 
of.... 
amending Regulation (EC) No 2398/97 imposing a definitive anti-dumping duty on 
imports of cotton-type bed linen originating in Egypt, India and Pakistan 
THE COUNCIL OF THE EUROPEAN UNION, 
I laving 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 not members of the European 
Community1, as amended by Regulation (EC) No 2331/96 of 2 December 19962 and 
Regulation (EC) No 905/98 of 27 April 19983, 
Having regard to Article 3 of Council Regulation (EC) No 2398/97 of 28 November 
1997 imposing a definitive anti-dumping duty on imports of cotton-type bed linen 
originating in Egypt, India and Pakistan4, 
Having regard to the proposal submitted by the Commission after consulting the 
Advisory Committee, 
Whereas: 
1 OJ No L 56, 6.3.1996, p. 1. 
2 OJ No L 317, 6.12.1996, p. I. 
3 OJ No L 128, 30.4.98, p. 18. 
4 OJ No L 332, 4.12.97, p. 1. 
A. PREVIOUS PROCEDURE 
(1) By Regulation (EC) No 2398/97 the Council imposed a definitive anti­
dumping duty on imports into the Community of cotton-type bed linen 
falling within CN codes ex 6302 21 00, ex 6302 22 90, ex 6302 31 10, ex 
6302 31 90 and ex 6302 32 90 originating inter alia in India. Sampling was 
applied to Indian exporting producers and individual duty rates ranging from 
2,6% to 24,7% were imposed on the companies in the sample, while other 
co-operating companies not included in the sample were attributed a 
weighted average duty rate of 11,6%. A duty rate of 24,7% was imposed on 
companies which either did not make themselves known or did not co­
operate in the investigation. 
(2) Article 3 of Regulation (EC) No 2398/97 stipulates that where any exporting 
producer provides sufficient evidence that: 
• it did not export to the Community the products described in Article 1(1) 
of that Regulation during the investigation period (1 July 1995 to 30 June 
1996), 
• it is not related to any of the exporters or producers in the exporting 
country which are subject to the anti-dumping measures imposed by that 
Regulation, 
• it has actually exported to the Community the products concerned after 
the investigation period on which the measures are based, or it has 
entered into an irrevocable contractual obligation to export a significant 
quantity to the Community, 
then that Regulation can be amended by granting that exporting producer the 
duty rate applicable to co-operating producers which were not included in the 
sample, i.e. 11,6%. 
B. NEW EXPORTING PRODUCERS' REQUESTS 
(3) Seven new Indian exporting producers, after having applied not to be treated 
differently from the companies which co-operated in the original 
investigation but were not included in the sample, have provided, on request, 
evidence showing that they meet the requirements set out in Article 3 of 
Regulation (EC) No 2398/97. The evidence provided by these applicant 
companies is considered sufficient to allow Regulation (EC) No 2398/97 to 
be amended by adding these seven new exporting producers to Annex I of 
that Regulation. Annex I specifies the Indian exporting producers which are 
subject to the weighted average duty rate of 11,6%, 
HAS ADOPTED THIS REGULATION: 
Article I 
Article 1 of Regulation (EC) No 2398/97 is hereby amended as follows: 
To the list of exporting producers in Annex I mentioned in Article 1(3) of that 
Regulation, the following companies shall be added: 
INDIA 
- Aditya International, Mumbai (Bombay) 
- Chevron Garments (P) Limited, Coimbatore 
- Euro Pacific Textiles, Mumbai (Bombay) 
- Lai it & Co., Mumbai (Bombay) 
- Radiant Exports, New Delhi 
- Redial Exim Pvl. Ltd., Mumbai (Bombay) 
- Shades Of India Pvt. Ltd., New Delhi. 
Article 2 
This Regulation shall enter into force on the day following 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. 
Done at Brussels, 
For the Council 

ISSN 0254-1475 
COM(98) 402 final 
DOCUMENTS 
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Catalogue number : CB-CO-98-413-EN-C 
ISBN 92-78-37470-9 
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