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
Date: 1998-06-30
Institutions: European Commission
Subjects: anti-dumping duty, cotton, import, natural fibre, third country

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 

2 

3 

4 

OJ No L 56, 6.3.1996, p. 1. 

OJ No L 317, 6.12.1996, p. I. 

OJ No L  128, 30.4.98, p. 18. 

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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02  11  06  08 

Catalogue  number  :  CB-CO-98-413-EN-C 

ISBN  92-78-37470-9 

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