COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 16.07.1998 
COM(l998)460 final 
Proposal for a 
COUNCIL REGULATION (EC) 
imposing a definitive anti-dumping duty on imports of certain magnetic disks 
(3,5" microdisks) originating in Indonesia and collecting definitively the provisional 
duty imposed 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
On 6 April 1995, the Commission initiated an anti-dumping proceeding concerning 
imports of certain magnetic disks (3.5" microdisks) originating in Canada, Indonesia, 
Macao and Thailand. The proceeding was terminated for Canada, Macao and Thailand 
by Commission Decision 98/175/EC of 3 March 1998. On the same date, provisional 
duties were imposed on imports of the product from Indonesia by Commission 
Regulation (EC) No 502/98. 
Definitive anti-dumping duties are already in force on imports of the product 
concerned originating in Japan, Taiwan, China, Hong Kong, Korea, Malaysia, Mexico 
and the United States. 
The Commission now proposes, in accordance with Article 9(4) of Regulation (EC) 
No 384/96, that the Council impose definitive anti-dumping duties on imports of the 
abovementioned product originating in Indonesia, and that the amounts secured by 
way of provisional duties be definitively collected. 
h 
COUNCIL REGULATION (EC) No 
of 
imposing a definitive anti-dumping duty on imports of certain magnetic disks 
(3,5" microdisks) originating in Indonesia and collecting definitively the provisional 
duty imposed 
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 not members of the European 
Community^), as last amended by Regulation (EC) No 905/98(2), and in particular 
Article 9(4) thereof, 
Having regard to the proposal submitted by the Commission after consulting the 
Advisory Committee, 
Whereas: 
1 OJL 56, 6.3.1996, p. 1. 
2 OJL 128, 30.4.1998, p. 18. 
J 
A. PROVISIONAL MEASURES 
(1) The Commission, by Regulation (EC) No 502/98 of 3 March 1998(3) (hereinafter 
referred to as the provisional duty Regulation), imposed a provisional anti-dumping 
duty on imports into the Community of certain magnetic disks (3,5" microdisks) 
originating in Indonesia and falling within CN code ex 8523 20 90. 
B. SUBSEQUENT PROCEDURE 
(2) No representations were received following publication of the provisional measures. 
(3) The parties were informed of the essential facts and considerations on the basis of 
which it was intended to recommend the imposition of definitive duties and the 
collection of amounts secured by way of the provisional duty. They were also 
granted a reasonable period within which to make representations subsequent 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 provisional duty Regulation are confirmed. 
D. DUMPING 
(5) Following final disclosure, the Indonesian authorities claimed that the exports of the 
product concerned were not of Indonesian origin and that the proceeding should 
therefore be terminated without adopting protective measures. However, no 
evidence was adduced to this effect. 
3 OJL 63, 4.3.1998, p. 4. 
4 
In this connection, the following should be noted. The investigation showed that the 
Indonesian exports in question had been accompanied by preferential certificates of 
origin issued by the Indonesian authorities who took no steps to withdraw them 
subsequently. Furthermore, up to final disclosure, neither the exporting producer nor 
the Indonesian authorities raised this point. Both in the anti-circumvention 
investigation concerning this product, which was terminated in July 1996, and 
during the course of the verification visit carried out in the current investigation, it 
was established that the Indonesian exporter was a genuine producer of the product 
concerned. No evidence was found contradicting this finding. In the light of the 
above, the request made by the Indonesian authorities could not, therefore, be 
granted. 
(6) No other arguments in respect of the findings on dumping were presented. The 
considerations and conclusions set out in recitals 14 to 19 of the provisional duty 
Regulation are therefore confirmed. 
E. COMMUNITY INDUSTRY, INJURY, CAUSATION, 
COMMUNITY INTEREST, DEFINITIVE DUTY 
(7) As no further arguments have been presented in any of these contexts, the findings 
set out in recitals 20 to 58 of the provisional 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 precarious financial situation, it is 
considered necessary that the amounts secured by way of the provisional anti­
dumping duties should be definitively collected at the level of the definitive duties. 
b 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. A definitive anti-dumping duty is hereby imposed on imports of 3,5" microdisks used 
to record and store encoded digital computer information, falling within CN code ex 
8523 20 90 (TARIC additional code 8523 20 90 10), and originating in Indonesia. 
2. The rate of duty applicable to the net free-at-Community-frontier price 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-dumping duty pursuant to 
Regulation (EC) No 502/98 shall be definitively collected at the duty rate definitively 
imposed. 
Article 3 
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 
The President 
(* 
ISSN 0254-1475 
COM(98) 460 final 
DOCUMENTS 
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Catalogue number : CB-CO-98-470-EN-C 
ISBN 92-78-38364-3 
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