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
Date: 1998-07-16
Institutions: European Commission
Subjects: Indonesia, anti-dumping duty, competition law, import policy, magnetic medium

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 

EN 

02  05  08  11 

Catalogue  number  :  CB-CO-98-470-EN-C 

ISBN  92-78-38364-3 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

>