Proposal for a Council Regulation (EC) re-imposing a definitive anti-dumping duty on imports of certain magnetic disks (3,5 microdisks) originating in Indonesia and produced and sold for export to the Community by PT Betadiskindo Binatama
Date: 1999-06-04
Institutions: European Commission
Subjects: Indonesia, anti-dumping duty, import, magnetic medium, originating product

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 04.06.1999
COM(1999) 274 final

Proposal for a

COUNCIL REGULATION (EC)

re-imposing a definitive anti-dumping duty on imports of certain magnetic disks
(3,5” microdisks) originating in Indonesia and produced and sold for export to
the Community by PT Betadiskindo Binatama

(presented by the Commission)

EXPLANATORY MEMORANDUM

By Regulation (EC) No 1821/98, the Council imposed a definitive anti-dumping duty
on imports of certain magnetic disks (3,5” microdisks) originating in Indonesia.

Subsequent to an application lodged by the Indonesian exporter PT Betadiskindo
Binatama, the Commission opened a ‘new exporter review’ in accordance with
Article 11(4) of Council Regulation No 384/96.

The applicant did not cooperate in the investigation. It is therefore proposed that 3.5”
microdisks produced and exported by PT Betadiskindo Binatama remain subject to
the country-wide duty imposed by Council Regulation (EC) No 1821/98 and that
duties are levied retroactively on the registered imports from the date of initiation of
the review.

2

Proposal for a

COUNCIL REGULATION (EC)

re-imposing a definitive anti-dumping duty on imports of certain magnetic disks
(3,5” microdisks) originating in Indonesia and produced and sold for export to
the Community by PT Betadiskindo Binatama

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
Community1 and in particular Article 11(4) thereof,

Having regard to the proposal submitted by the Commission after consulting the
Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1) By Regulation (EC) No 1821/982,

imposed a definitive anti-
dumping duty of 41,1% on imports of certain magnetic disks (3,5” microdisks),
used to record and store encoded digital computer information (hereinafter
referred to as the ‘product concerned’), falling within CN code ex 8523 20 90
(TARIC code 8523 20 90*10) and originating in Indonesia.

the Council

B. PRESENT PROCEDURE

(2) The Commission subsequently received an application from the Indonesian
producer PT Betadiskindo Binatama (hereinafter referred to as ‘Betadiskindo’
or ‘the company’) for a review of the measures currently in force, namely a
request to initiate a ‘new exporter’ review of Regulation (EC) No 1821/98,
pursuant to Article 11(4) of Council Regulation (EC) No 384/96 (hereinafter
referred to as ‘the Basic Regulation’). Betadiskindo claimed that it was not
related to any of the exporters or producers in Indonesia subject to the anti-
dumping measures in force with regard to the product concerned. Furthermore,
the company claimed that it had not exported the product concerned to the
Community during the original period of investigation (1 March 1994 to
28 February 1995) but
it had exported the product concerned to the
Community subsequently.

that

1 OJ L 56, 6.3.1996, p.1, as last amended by Regulation (EC) No 905/98 (OJ L128, 30.4.98, p.18).
2 OJ L 236, 22.8.1998, p.1.

3

(3) The Commission examined the evidence submitted by the company, and
considered it sufficient to justify the initiation of a review in accordance with
Article 11(4) of the Basic Regulation. After consultation of the Advisory
Committee and after the Community industry concerned had been given the
the Commission initiated, by Regulation (EC)
opportunity to comment,
No 2152/983, a review of Regulation (EC) No 1821/98 with regard to
Betadiskindo and commenced its investigation.

The Regulation initiating the review also repealed the anti-dumping duty
imposed by Regulation (EC) No 1821/98 with regard to imports of the product
concerned, produced and exported to the Community by Betadiskindo, and
directed customs authorities, pursuant to Article 14(5) of the Basic Regulation,
to take appropriate steps to register such imports.

(4) The product covered by the review was the same product as the one under

consideration in Regulation (EC) No 1821/98.

(5) The Commission officially advised Betadiskindo and the representatives of the
exporting country. Furthermore, it gave other parties directly concerned the
opportunity to make their views known in writing and to request a hearing.
However, no such request was received by the Commission.

On commencing the investigation, the Commission sent a questionnaire to
Betadiskindo. However, the reply to the questionnaire contained deficiencies
which the company was asked to rectify but failed to do so. Moreover, the
Commission was unable to verify the information it deemed necessary for the
purpose of the investigation because no verification visit could be arranged,
despite the fact that the company had been informed of the tight time limits
applicable to the investigation and of the possible consequence of non-
cooperation.

C. SCOPE OF REVIEW

(6) As no request for a review of the findings on injury was made, the review was

limited to dumping.

D. RESULTS OF THE INVESTIGATION

(7) As the company’s lack of cooperation meant that the Commission was unable to
establish whether the company was indeed a newcomer or calculate the level of
dumping, findings were made in accordance with Article 18(1) of the Basic
Regulation. In the absence of any cooperation, it must be concluded that imports
into the Community of certain magnetic disks (3,5” microdisks) produced and
exported by Betadiskindo should be subject to the country-wide duty (41,1%)
imposed by Council Regulation (EC) No 1821/98 and that that rate of duty
should therefore be re-imposed.

3 OJ L 271, 8.10.1998, p.9.

4

E. RETROACTIVE LEVYING OF THE ANTI-DUMPING DUTY

(8) As the review has resulted in a determination of dumping in respect of
Betadiskindo, the anti-dumping duty applicable to this company shall also be
levied retroactively from the date of initiation of the review on imports which,
pursuant to Article 3 of Regulation (EC) No 2152/98, have been subject to
registration.

F. DISCLOSURE AND DURATION OF THE MEASURES

(9) Betadiskindo was informed of the facts and considerations on the basis of which
it was intended to propose the application of Regulation (EC) No 1821/98 to its
imports into the Community.

(10) This review does not affect the date on which Regulation (EC) No 1821/98 will

expire pursuant to Article 11(2) of the Basic Regulation,

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), originating in Indonesia
and produced by PT Betadiskindo Binatama.

2. The rate of duty applicable to the net free-at-Community-frontier price before duty
shall be 41,1 %.

3. The duty hereby imposed shall be levied on imports of the product concerned
which have been registered in accordance with Article 3 of Regulation (EC)
No 2152/98.

4. Unless otherwise specified, the provisions in force concerning customs duties shall
apply.

5

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
The President

6