Council Regulation (EC) No 1821/98 of 29 July 1998 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: 1998-07-29
Institutions: Council of the European Union
Subjects: Indonesia, anti-dumping duty, import, magnetic medium, originating product

22. 8. 98

EN

Official Journal of the European Communities

L 236/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1821/98

of 29 July 1998

imposing a definitive anti-dumping duty on imports of certain magnetic disks
(3,5Z microdisks) originating in Indonesia and collecting definitively the provi-
sional 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
the European
not members
Community (1), and in particular Article 9(4) thereof,

of

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

Whereas:

(4)

(5)

A. Provisional measures

(1)

(2)

(3)

The Commission, by Regulation (EC) No 502/98 (2)
(hereinafter referred to as the Provisional Duty
Regulation),
imposed a provisional anti-dumping
duty on imports into the Community of certain
magnetic disks (3,5Z microdisks) originating in
Indonesia
CN code
ex 8523 20 90.

within

falling

and

B. Subsequent procedure

No representations were received following publi-
cation of the provisional measures.

The parties were informed of the essential facts and
considerations on the basis of which it was
intended to recommend the imposition of defin-
itive duties and the collection of amounts secured

(6)

(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 63, 4. 3. 1998, p. 4.

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

As no additional comments have been presented
under these headings, the findings set out in reci-
tals 9 to 12 of the Provisional Duty Regulation are
confirmed.

D. Dumping

the exports of

Following final disclosure, the Indonesian author-
ities claimed that
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.

In this connection, the following should be noted.
The investigation showed that
the Indonesian
exports in question had been accompanied by pref-
erential certificates of origin issued by the Indo-
nesian authorities who took no steps to withdraw
them subsequently. Furthermore, up to final disclo-
sure, neither the exporting producer nor the Indo-
nesian 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
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.

the Indonesian exporter was

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
therefore
confirmed.

Regulation

are

L 236/2

EN

Official Journal of the European Communities

22. 8. 98

(7)

(8)

E. Community industry,

injury, causation,

Community interest, definitive duty

As no further arguments have been presented in
any of these contexts, the findings set out in reci-
tals 20 to 58 of the Provisional Duty Regulation are
confirmed.

F. Collection of provisional duties

In view of the magnitude of the dumping margin
established, the injury caused to the Community
industry, and the latter’s precarious financial situa-
tion, 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,

encoded digital computer information, falling within CN
code
code
8523 20 90*10), and originating in Indonesia.

ex 8523 20 90

additional

(TARIC

The rate of duty applicable to the net

free-at-
2.
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.

HAS ADOPTED THIS REGULATION:

Article 1

1. A definitive anti-dumping duty is hereby imposed
on imports of 3,5Z microdisks used to record and store

Article 3

This Regulation shall enter
into force on the day
following that of 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, 29 July 1998.

For the Council

The President

W. SCH(cid:154)SSEL