Council Regulation (EC) No 1335/1999 of 21 June 1999 reimposing 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: 1999-06-21
Institutions: Council of the European Union
Subjects: Indonesia, anti-dumping duty, import, magnetic medium, originating product

L 159/14

EN

Official Journal of the European Communities

25. 6. 1999

COUNCIL REGULATION (EC) No 1335/1999

of 21 June 1999

reimposing a definitive anti-dumping duty on imports of certain magnetic disks
(3,5(cid:1) microdisks) originating in Indonesia and produced and sold for export to
the Community by PT Betadiskindo Binatama

THE COUNCIL OF THE EUROPEAN UNION,

(3)

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 11(4) thereof,

of

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

Whereas:

A. PREVIOUS PROCEDURE

By Regulation (EC) No 1821/98 (2), the Council
imposed a definitive anti-dumping duty of 41,1 %
on imports of certain magnetic disks (3,5(cid:1) micro-
disks), 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 origin-
ating in Indonesia.

(4)

(5)

(1)

(2)

B. PRESENT PROCEDURE

The Commission subsequently received an applica-
tion from the Indonesian producer PT Betadis-
kindo Binatama (hereinafter referred to as ‘Betadis-
kindo' or ‘the company') for a review of the meas-
ures 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 Regu-
lation (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 that it had exported
the product concerned to the Community subse-
quently.

(1) OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Regu-

lation (EC) No 905/98 (OJ L 128, 30.4.1998, p. 18).

(2) OJ L 236, 22.8.1998, p. 1.

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 consul-
tation of the Advisory Committee and after the
Community industry concerned had been given
the opportunity to comment,
the Commission
initiated, by Regulation (EC) No 2152/98 (3), 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,
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.

produced

exported

and

to

The product covered by the review was the same
product as the one under consideration in Regula-
tion (EC) No 1821/98.

it

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

parties

other

gave

On commencing the investigation, the Commis-
sion sent a questionnaire to Betadiskindo. However,
the reply to the questionnaire contained deficien-
cies which the company was asked to rectify but
failed to do so. Moreover, the Commission was
unable to verify the information it deemed neces-
sary 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.

(3) OJ L 271, 8.10.1998, p. 9.

25. 6. 1999

EN

Official Journal of the European Communities

L 159/15

D. RESULTS OF THE INVESTIGATION

(10)

the date on which
This review does not affect
Regulation (EC) No 1821/98 will expire pursuant
to Article 11(2) of the Basic Regulation,

(7)

(8)

(9)

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

country-wide duty

(41,1 %)

E. RETROACTIVE LEVYING OF THE ANTI-

DUMPING DUTY

As the review has resulted in a determination of
the anti-
dumping in respect of Betadiskindo,
dumping duty applicable to this company shall
also be levied retroactively from the date of initia-
tion 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

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
A definitive anti-dumping duty is hereby imposed
on imports of 3,5(cid:1) microdisks used to record and store
encoded digital computer information, falling within CN
code
code
8523 20 90*10), originating in Indonesia and produced by
PT Betadiskindo Binatama.

8523 20 90

additional

(TARIC

ex

The rate of duty applicable to the net

2.
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.

Unless otherwise specified, the provisions in force

4.
concerning customs duties shall apply.

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 Luxembourg, 21 June 1999.

For the Council

The President

G. VERHEUGEN