Proposal for a Council Regulation (EC) 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: 1999-06-16
Institutions: European Commission
Subjects: Egypt, India, Pakistan, anti-dumping duty, textile product

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.06.1999
COM(1999)297 final

Proposal for a

COUNCIL REGULATION (EC)

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

(presented by the Commission)

1.

2.

3.

4.

EXPLANATORY MEMORANDUM

By Regulation (EC) No 2398/97 the Council imposed a definitive anti-
dumping duty on imports of cotton-type bed linen originating in Egypt,
India and Pakistan. The investigation, which led to the imposition of the
above-mentioned duty, used sampling in accordance with Article 17 of
Regulation (EC) No 384/96 on protection against dumped imports from
countries not members of the European Community, hereinafter referred to
as the basic Regulation.

Article 11(4) of the basic Regulation provides that when sampling has been
used in the investigation a new exporter’s review cannot be initiated.
However, in order to ensure equal treatment between any genuine new
exporting producer and the co-operating companies not included in the
sample used in the above-mentioned investigation, Article 3 of Regulation
(EC) No 2398/97 established that where any new exporting producer
provides sufficient evidence to the Commission that it meets three basic
requirements (i.e. no exports during the investigation period, no relations
with exporting producers subject to the measures and actual exports or
contractual obligations to export after the investigation period), then the
Council may grant to these new exporting producers the weighted average
duty applicable to the co-operating companies not included in the sample.
This would be done with an amendment of Article 1(3) of Regulation (EC)
No 2398/97 by adding the new exporting producers to the list in Annex I to
that Regulation.

The Commission received several requests from India for new exporter
status. The examination of these requests together with the additional
evidence provided, where necessary, by the applicant companies showed
that four of them fulfilled all the relevant requirements.

The Commission accordingly proposes that the Council adopt the attached
proposal for a Regulation which amends Article 1(3) of Regulation (EC)
No 2398/97 by adding these four new exporting producers to the list in
Annex I to that Regulation.

2

Proposal for a

COUNCIL REGULATION (EC)

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 not members of the European
Community1,

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 Pakistan2,

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

Whereas:

A. PREVIOUS PROCEDURE

(1)

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 within CN codes ex 6302 21 00, 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 producers and individual duty rates ranging
from 2,6% to 24,7% were imposed on the companies in the sample, while
other co-operating 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
co-operate in the investigation.

(2)

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

1

2

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).
OJ L 332, 4.12.1997, p. 1.

3

•

•

•

it did not export to the Community the products described in Article 1(1)
of that Regulation during the investigation period (1 July 1995 to
30 June 1996),

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,

it has actually exported to the Community the products concerned after
the investigation period on which the measures are based, or it has
entered into an irrevocable contractual obligation 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 co-operating producers which were not
included in the sample, i.e. 11,6%.

B. NEW EXPORTING PRODUCERS’ REQUESTS

(3)

Four new Indian exporting producers, after having applied not to be treated
differently from the
companies which co-operated in the original
investigation but were not included in the sample, have provided, on request,
evidence showing that they meet the requirements set out in Article 3 of
Regulation (EC) No 2398/97. The evidence provided by these applicant
companies is considered sufficient to allow that Regulation to be amended by
adding these four 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

The following companies shall be added to the list of exporting producers from India
listed in Annex I to Regulation (EC) No 2398/97:

- Emm Libas Private Limited, New Delhi,

- Sarna Exports Limited, New Delhi,

- Stitchwell Garments, Ahmedabad,

- Utkarsh Exim Pvt. Ltd. (India), Ahmedabad.

4

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

5