Notice of initiation of an anti-subsidy proceeding concerning imports of certain ringbinder mechanisms originating in India and Indonesia
Date: 2001-05-18
Institutions: European Commission
Subjects: India, Indonesia, anti-subsidy proceeding, book trade, complaint to the Commission, originating product

C 147/4

EN

Official Journal of the European Communities

18.5.2001

Notice of initiation of an anti-subsidy proceeding concerning imports of certain ringbinder mech-
anisms originating in India and Indonesia

(2001/C 147/03)

The Commission has received a complaint pursuant to Article
10 of Council Regulation (EC) No 2026/97 (1) ((cid:145)the Basic Regu-
lation(cid:146)), alleging that imports of certain ringbinder mechanisms
((cid:145)RBM(cid:146)), originating
((cid:145)countries
concerned(cid:146)), are being subsidised and are thereby causing
material injury to the Community industry.

Indonesia

in India

and

1. Complaint

The complaint was lodged on 3 April 2001 by the following
Community producers: Koloman Handler AG, Krause Ring-
buchtechnik GmbH ((cid:145)the complainants(cid:146)) representing a major
proportion,
in this case more than 85 %, of Community
production of RBM.

2. Product

steel

sheets or wires with at

The product allegedly being subsidised is RBM. They consist of
two rectangular
four
half-rings made of steel wire fixed on it and which are kept
together by a steel cover. They can be opened either by pulling
the half-rings or with a small steel-made trigger mechanism
fixed to the RBM ((cid:145)the product concerned(cid:146)) originating in the
countries concerned, currently classifiable within CN code ex
8305 10 00. This CN code is only given for information.

least

3. Allegation of subsidisation

It is alleged that the producers of the product concerned from
India have benefited from a number of subsidies granted by the
Government of India. These subsidies are benefits for industries
a duty entitlement
located in export processing zones,
passbook scheme, an income tax exemption and the export
promotion capital goods
amount of
subsidy emanating from these schemes is estimated to be
significant.

scheme. The

total

It is alleged that the above schemes are subsidies since they
involve a financial contribution from the government of India
to exporters/
and confer a benefit
producers of RBM. They are alleged to be specific and
therefore countervailable.

to the recipients,

i.e.

It is alleged that the producers of the product concerned from
Indonesia have benefited from a number of subsidies granted
by the Government of Indonesia. These subsidies are BKPM (or
Investment Co-ordinating Board) schemes, income tax facilities,
specific tax incentives for integrated economic development
zones and bonded zones, Bank of Indonesia rediscount loans,
import duty exemption of capital equipment and a two-step
loan programme. The total amount of subsidy emanating from
these schemes is estimated to be significant.

It is alleged that the above schemes are subsidies since they
involve a financial contribution from the Government of

(1) OJ L 288, 21.10.1997, p. 1.

Indonesia and confer a benefit
to
exporters/producers of RBM. They are alleged to be specific
and therefore countervailable.

to the recipients,

i.e.

4. Allegation of injury

The complainant has provided evidence that imports of the
product concerned from India and Indonesia have increased
overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported
product concerned have, among other consequences, had a
negative impact on the market share held, the quantities sold
and the level of prices charged by the Community industry,
resulting
effects on the overall
adverse
situation and the employment
performance,
situation of the Community industry.

in substantial

the financial

5. Procedure

Having determined, after consulting the Advisory Committee
and notifying the Governments of India and Indonesia with the
invitation for consultations in accordance with Article 10(9) of
the Basic Regulation, that the complaint has been lodged by or
on behalf of
there is
sufficient evidence to justify the initiation of a proceeding,
the Commission hereby initiates an investigation pursuant to
Article 10 of the Basic Regulation.

the Community industry and that

5.1. Procedure for the determination of subsidisation and

injury

The investigation will determine whether the product described
in point 2 originating in India and Indonesia is being
subsidised and whether this subsidisation has caused injury.

(a) Questionnaires

In order to obtain the information it deems necessary for
its investigation, the Commission will send questionnaires
to the Community industry and to any association of
producers in the Community, to the exporters/producers
in India and Indonesia to any association of exporters/
producers,
to any association of
importers named in the complaint, and to the authorities
of the exporting countries concerned.

importers,

to the

In any event, all parties should contact the Commission
forthwith by fax, but not later than the time limit set out
in point 6(a) of this notice, in order to find out whether
they are listed in the complaint and, if necessary, request a
questionnaire, given that the time limit set in point 6(b) of
this notice applies to all such interested parties.

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Official Journal of the European Communities

C 147/5

(b) Collection of information and holding of hearings

(c) Hearings

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence has to reach the Commission within
the time limit set in point 6(b) of this notice.

Furthermore, the Commission may hear interested parties,
provided that they make a request showing that there are
particular reasons why they should be heard. This request
must be made within the time limit set in point 6(c).

All interested parties may also apply to be heard by the
Commission within the same 40-day time limit.

7. Written submissions, questionnaire replies and corre-

spondence

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
specified), and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of the interested party.

5.2. Procedure for assessment of Community interest

For

this

industry,

the Community

In accordance with Article 31 of the Basic Regulation and in
the event that the allegations of subsidisation and injury caused
thereby are substantiated, a decision will be reached as to
whether the adoption of anti-subsidy measures would not be
reason the
interest.
against
Community
representative
importers,
associations, representative users and representative consumer
there is an
organisations, provided that
and the product
objective
concerned, may, within the time limits set in point 6(b) of
this notice, make
the
It should be noted that any
Commission with information.
information submitted pursuant
to Article 31 will only be
taken into account if supported by factual evidence at the
time of submission.

themselves known and provide

link between their

they prove that

activity

their

6. Time limits

(a) For parties to request a questionnaire

All interested parties should request a questionnaire as soon
as possible, but not later than 15 days after the publication
of
the European
Communities.

this notice in the Official

Journal of

Commission address for correspondence:

European Commission
Directorate-General for Trade
Directorates B and C
TERV (cid:151) 0/13
Rue de la Loi/Wetstraat 200
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

8. Non-cooperation

In cases in which any interested party refuses access to or does
not provide the necessary information within the time limits,
or significantly impedes the investigation, provisional or final
findings, affirmative or negative, may be made in accordance
with Article 28 of the Basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available.

(b) For parties to make themselves known, to submit questionnaire

replies and any other information

9. Schedule of the investigation

All interested parties, if their representations are to be taken
into account during the investigation, must make them-
selves known by contacting the Commission, present their
views and submit questionnaire replies or any other
information within 40 days of the date of publication of
this notice in the Official Journal of the European Communities,
unless otherwise specified.

The investigation will be concluded, according to Article 11(9)
of the Basic Regulation within 13 months of the date of the
publication of this notice in the Official Journal of the European
Communities. According to Article 12(1) of the Basic Regu-
lation, provisional measures may be imposed no later than
nine months
this notice in the
Official Journal of the European Communities.

from the publication of