Council Regulation (EC) No 1421/1999 of 28 June 1999 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: 1999-06-28
Institutions: Council of the European Union
Subjects: Egypt, India, Pakistan, anti-dumping duty, import, textile product

1. 7. 1999

EN

Official Journal of the European Communities

L 166/29

COUNCIL REGULATION (EC) No 1421/1999

of 28 June 1999

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
the European
Community (1),

not members

of

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 Pakistan (2),

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

(3)

Whereas:

A. PREVIOUS PROCEDURE

(1)

within

By Regulation (EC) No 2398/97 the Council
imposed a definitive anti-dumping duty on imports
into the Community of cotton-hype bed linen
ex 6302 21 00,
CN codes
falling
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 produ-
cers and individual duty rates ranging from 2,6 %
to 24,7 % were imposed on the companies in the
sample, while other cooperating 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 cooperate in
the investigation.

(2)

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

(cid:190) it did not export to the Community the prod-
ucts described in Article 1(1) of that Regulation
during the investigation period (1 July 1995 to
30 June 1996),

(cid:190) 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,

concerned after

(cid:190) it has actually exported to the Community the
products
investigation
period on which the measures are based, or it
has entered into an irrevocable contractual ob-
ligation to export a significant quantity to the
Community,

the

then Article 1(3) of
that Regulation can be
amended by granting that exporting producer the
duty rate applicable to cooperating producers
which were not included in the sample, i.e. 11,6 %.

B. NEW EXPORTING PRODUCERS’ REQUESTS

Four new Indian exporting producers, after having
to be treated differently from the
applied not
in-
companies which cooperated in the original
vestigation 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 consid-
ered 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:

(cid:190) Emm Libas Private Limited, New Delhi,

(cid:190) Sarna Exports Limited, New Delhi,

(cid:190) Stitchwell Garments, Ahmedabad,

(cid:190) Utkarsh Exim Pvt. Ltd (India), Ahmedabad.

Article 2

(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 332, 4.12.1997, p. 1.

This Regulation shall enter
into force on the day
following that of its publication in the Official Journal of
the European Communities.

L 166/30

EN

Official Journal of the European Communities

1. 7. 1999

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Luxembourg, 28 June 1999.

For the Council

The President

M. NAUMANN