Council Regulation (EC) No 1508/98 of 13 July 1998 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: 1998-07-13
Institutions: Council of the European Union
Subjects: Egypt, India, Pakistan, anti-dumping duty, import, textile product

16. 7. 98

EN

Official Journal of the European Communities

L 200/9

COUNCIL REGULATION (EC) No 1508/98

of 13 July 1998

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,

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
the European
Community (1),

not members

of

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 Pakistan (2),

(3)

Having regard to the proposal submitted by the Commis-
sion after consulting the Advisory Committee,

Whereas:

(1)

A. PREVIOUS PROCEDURE

within

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
ex 6302 21 00,
CN codes
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 produ-
cers and individual duty rates ranging from 2,6 to
24,7 % were imposed on the companies in the
sample, while other cooperating 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 cooperate in
the investigation.

(2)

Article 3 of Regulation (EC) No 2398/97 stipulates
that where any exporting producer provides suffi-
cient evidence that:

(cid:190) it did not export to the Community the prod-
ucts described in Article 1(1) of that Regulation
during the investigation period (1 July 1995 to
30 June 1996),

(cid:190) 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,

(cid:190) it has actually exported to the Community the
products
investigation
period on which the measures are based, or it

concerned after

the

has entered into an irrevocable contractual ob-
ligation to export a significant quantity to the
Community,

then Article 1(3) of
that Regulation can be
amended by granting that exporting producer the
duty rate applicable to cooperating producers
which were not included in the sample, i.e. 11,6 %.

B. NEW EXPORTING PRODUCERS’ REQUESTS

Seven new Indian exporting producers, after having
applied not
to be treated differently from the
companies which cooperated in the original invest-
igation but were not included in the sample, have
provided, on request, evidence showing that they
meet the requirements set out in Article 3 of Regu-
lation (EC) No 2398/97. The evidence provided by
these applicant companies is considered sufficient
to allow that Regulation to be amended by adding
these seven new exporting producers to Annex I
thereto. Annex I specifies the Indian exporting
producers which are subject
to the weighted
average duty rate of 11,6 %,

HAS ADOPTED THIS REGULATION:

Article 1

Article 1 of Regulation (EC) No 2398/97 is hereby
amended as follows:

the following companies shall be added to the list of
exporting producers in Annex I mentioned in Article 1(3)
of that Regulation:

INDIA

(cid:190) Aditya International, Mumbai (Bombay),
(cid:190) Chevron Garments (P) Limited, Coimbatore,
(cid:190) Euro Pacific Textiles, Mumbai (Bombay),
(cid:190) Lalit & Co., Mumbai (Bombay),
(cid:190) Radiant Exports, New Delhi,
(cid:190) Redial Exim Pvt. Ltd, Mumbai (Bombay),
(cid:190) Shades of India Pvt. Ltd, New Delhi.

Article 2

(1) OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by
Regulation (EC) No 905/98 (OJ L 128, 30. 4. 1998, p. 18).

(2) OJ L 332, 4. 12. 1997, p. 1.

This Regulation shall enter
into force on the day
following its publication in the Official Journal of the
European Communities.

L 200/10

EN

Official Journal of the European Communities

16. 7. 98

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 13 July 1998.

For the Council

The President

W. SCH(cid:154)SSEL