Commission Regulation (EC) No 2152/98 of 7 October 1998 initiating a 'new exporter' review of Council Regulation (EC) No 1821/98 imposing a definitive anti-dumping duty on imports of certain magnetic disks (3,5" microdisks) originating in Indonesia, repealing the duty with regard to imports from this exporter and making these imports subject to registration
Date: 1998-10-07
Institutions: European Commission
Subjects: Indonesia, anti-dumping duty, import, magnetic medium, originating product

8. 10. 98

EN

Official Journal of the European Communities

L 271/9

COMMISSION REGULATION (EC) No 2152/98

of 7 October 1998

initiating a ‘new exporter' review of Council Regulation (EC) No 1821/98
imposing a definitive anti-dumping duty on imports of certain magnetic disks
(3,5† microdisks) originating in Indonesia, repealing the duty with regard to
imports from this exporter and making these imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

the product concerned, and that it started exporting
to the Community after the original investigation
period.

Having regard to Council Regulation (EC) No 384/96 of
22 December 1995 on protection against dumped imports
from countries
the European
Community (1), as last amended by Regulation (EC) No
905/98 (2), and in particular Article 11(4) thereof,

not members

of

After consulting the Advisory Committee,

Whereas:

A. REQUEST FOR A REVIEW

The Commission has received an application for a
‘new exporter' review pursuant to Article 11(4) of
Regulation (EC) No 384/96 (hereinafter referred to
as the ‘Basic Regulation'). The application was
lodged by PT Betadiskindo Binatama, Indonesia,
an
(hereinafter
exporter in Indonesia which claims it did not
export the product concerned during the period of
investigation on which the anti-dumping measures
were based, i.e. the period from 1 March 1994 to 28
February 1995 (hereinafter referred to as ‘the ori-
ginal investigation period').

‘the applicant')

referred to as

(5)

(6)

(7)

B. PRODUCT

The products concerned are 3,5† microdisks, used
to record and store encoded digital computer infor-
mation falling within CN code ex 8523 20 90. This
code is given for information only.

C. EXISTING MEASURES

By Regulation (EC) No 1821/98 (3)
the Council
imposed a definitive anti-dumping duty of 41,1 %
on imports of the product concerned originating in
Indonesia.

D. GROUNDS FOR THE REVIEW

(8)

The applicant has shown that it is not related to
the exporter/producer in Indonesia which is subject
to the aforementioned anti-dumping measures on

(1)

(2)

(3)

(4)

(1) OJ L 56, 6. 3. 1996, p. 1.
(2) OJ L 128, 30. 4. 1998, p. 18.
(3) OJ L 236, 22. 8. 1998, p. 1.

Community producers known to be concerned
have been informed of the above application and
have been given an opportunity to comment.

In the light of
the Commission
the above,
concludes that there is sufficient evidence to justify
the initiation of a review pursuant to Article 11(4)
of the Basic Regulation with a view to determining
the applicant’s individual margin of dumping and,
should dumping be found, the level of duty to
which its imports of the product concerned into
the Community should be subject.

E. REPEAL OF THE DUTY IN FORCE AND

REGISTRATION OF IMPORTS

Pursuant to Article 11(4) of the Basic Regulation,
the anti-dumping duty in force should be repealed
with regard to imports of the product concerned
originating in Indonesia which are produced and
sold for export to the Community by the applicant.
At the same time, such imports should be made
subject to registration in accordance with Article
14(5) of the Basic Regulation, in order to ensure
that, should the review result in a determination of
dumping in respect of the applicant, anti-dumping
duties can be levied retroactively from the date of
the initiation of this review. The amount of the
applicant’s possible future liability cannot be esti-
mated at this stage of the proceeding.

F. TIME LIMIT

In the interest of sound administration, a period
should be fixed within which interested parties,
provided they can show that they are likely to be
affected by the results of the investigation, may
make their views known in writing and submit
supporting evidence. A period should also be fixed,
within which interested parties may make a written
request
there are
for a hearing and show that
particular reasons why they should be heard.

L 271/10

EN

Official Journal of the European Communities

8. 10. 98

G. NON-COOPERATION

Article 3

(9)

It should be noted that in cases in which any
interested party refuses access to, or otherwise does
not provide, necessary information within the rel-
evant
time limits, or significantly impedes the
investigation, findings, affirmative or negative, may
be made in accordance with Article 18 of the Basic
Regulation, on the basis of the facts available,

HAS ADOPTED THIS REGULATION:

Article 1

A review of Regulation (EC) No 1821/98 is hereby
initiated in order to determine if and to what extent
imports of 3,5† microdisks, used to record and store
encoded digital computer information falling within CN
code ex 8523 20 90 (TARIC code 8523 20 90*10), origin-
ating in Indonesia, produced and sold for export to the
Community by PT Betadiskindo Binatama, Jl. Industri II
kva. C 7-6 Hyundai Industrial Estate, Lippo Cikarang,
Bekasi 17550, Indonesia, should be subject to the anti-
dumping duty imposed by Regulation (EC) No 1821/98.

Article 2

The customs authorities are hereby directed, pursuant to
Article 14(5) of Regulation (EC) No 384/96, to take the
appropriate steps to register the imports identified in
Article 1. Registration shall expire nine months following
the date of entry into force of this Regulation.

Article 4

Interested parties, if their representations are to be taken
into account during the investigation, must make them-
selves known, present their views in writing and submit
information within 40 days from the date of the entry
into force of this Regulation. Interested parties may also
apply to be heard by the Commission within the same
time limit.

Any information relating to the matter and any request
for a hearing should be sent to the following address:

European Commission
Directorate-General I for External Relations: Commercial
Policy and Relations with North America, the Far East,
Australia and New Zealand
DM 24 8/38
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex 21877 COMEU B.

The anti-dumping duty imposed by Regulation (EC) No
1821/98 is hereby repealed with regard to imports of the
product identified in Article 1 (TARIC additional code
8549).

Article 5

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, 7 October 1998.

For the Commission

Leon BRITTAN

Vice-President