Council Regulation (EC) No 696/2002 of 22 April 2002 confirming the definitive anti-dumping duty imposed on imports of cotton-type bed linen originating in India by Regulation (EC) No 2398/97, as amended and suspended by Council Regulation (EC) No 1644/2001
Date: 2002-04-22
Institutions: Council of the European Union
Subjects: India, anti-dumping duty, import, originating product, textile product

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L 109/3

COUNCIL REGULATION (EC) No 696/2002

of 22 April 2002

confirming the definitive anti-dumping duty imposed on imports of cotton-type bed linen origin-
ating in India by Regulation (EC) No 2398/97, as amended and suspended by Council Regulation
(EC) No 1644/2001

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

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 Community (1) (‘the basic Regulation’),

Having regard to the proposal made by the Commission after consultation of the Advisory Committee,

Whereas:

A. EXISTING MEASURES

(1)

The Council, by Regulation (EC) No 2398/97 (2) imposed a definitive anti-dumping duty on imports
of cotton-type bed linen originating in Egypt,
India and Pakistan (‘definitive Regulation’). The
definitive Regulation was preceded by Commission Regulation (EC) No 1069/97 (3) imposing a
provisional anti-dumping duty on imports of bed linen originating in Egypt, India and Pakistan
(‘provisional Regulation’).

On 12 March 2001, the Dispute Settlement Body of the World Trade Organisation (‘WTO’) adopted
an Appellate Body report and a panel report as modified by the Appellate Body report on the case
‘European Communities — anti-dumping duties on imports of cotton-type bed linen from India’
(‘reports’) (4).

It is recalled that, following the adoption of these reports, the definitive Regulation was amended by
Council Regulation (EC) No 1644/2001 (5), imposing a definitive anti-dumping duty on imports of
bed linen originating in Egypt, India and Pakistan and suspending its application with regard to
imports originating in India. The definitive Regulation was last amended by Council Regulation (EC)
No 160/2002 (6), which suspended the application of the anti-dumping duty with regard to imports
originating in Egypt and terminated the proceeding with regard to Pakistan. In accordance with
Article 1(2) of Council Regulation (EC) No 160/2002, the anti-dumping duty on imports of bed
linen originating in Egypt subsequently expired on 28 February 2002 since no review request was
received by the Commission within the deadlines foreseen in that Regulation.

B. REASSESSMENT OF FINDINGS

1. Preliminary remark

(2)

Further to a duly documented request submitted by the Committee of the Cotton and allied textile
Industries of the European Communities (Eurocoton), the complainant in the original investigation,
the Commission initiated a review concerning dumping only, in accordance with Article 11(3) of the
basic Regulation. The notice of initiation was published on 13 February 2002 (7) and the application
of the anti-dumping duty remains suspended pending the outcome of the review investigation
pursuant to Article 2(2) of Regulation (EC) No 1644/2001.

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (OJ L 257, 11.10.2000, p.

2).

(2) OJ L 332, 4.12.1997, p. 1.
(3) OJ L 156, 13.6.1997, p. 11.
(4) Document WT/DS141/9of22 March 2001.
(5) OJ L 219, 14.8.2001, p. 1.
(6) OJ L 26, 30.1.2002, p. 1.
(7) OJ C 39, 13.2.2002, p. 17.

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(3)

(4)

In view of the fact that the proceeding has been terminated with regard to imports originating in
Pakistan and that measures concerning imports originating in Egypt expired on 28 February 2002, it
is now considered appropriate to reassess the findings. The reassessment is limited to the deter-
mination of injury and causal link to the extent that this determination was previously based on an
examination of the joint impact of imports from India, Egypt and Pakistan.

It is recalled that the investigation of dumping covered the period from 1 July 1995 to 30 June 1996
(‘IP’). The investigation relating to the parameters relevant in the context of injury covered the period
from 1 January 1992 up to the end of the IP (30 June 1996). This period will be referred to as ‘the
period considered’.

2. Injury

2.1. Volume, market share and prices of the imports from India

(5)

The table shows how imports from India, taken in isolation, developed during the period considered.

India

1992

1993

1994

1995

IP

Volume (tonnes)

11 845

12 424

13 113

17 998

18 428

Index

Market share

ECU/kg

Eurostat

Index

Index 1993 to the IP

Index 1994 to the IP

100

5,9 %

105

6,4 %

111

6,8 %

152

9,5 %

156

9,9 %

5,53

6,05

6,57

5,10

4,94

100

106

100

119

109

100

92

84

78

89

82

75

(6)

(7)

(8)

(9)

Imports from India taken in isolation increased from 11 845 tonnes in 1992 to 18 428 tonnes
during the IP,

i.e. an increase of 56 % or of 6 583 tonnes during the period considered.

If the imports from exporters found not to have dumped are excluded, the increase in volume of
dumped imports from India remains significant. In the case of such exclusion, the dumped imports
rose from 10 232 tonnes in 1992 to 15 816 tonnes during the IP, namely an increase of 55 % or
5 584 tonnes. Their market share had increased by 66 % during the period considered and still
represented 8,5 % of the Community market during the IP.

It is worth noting that imports from India grew most in the period from 1994 to the IP (+ 5 315
tonnes and + 3,1 percentage points market share growth; 5 058 tonnes and + 2,9 percentage points
market share growth if the imports from Indian exporters found not to have dumped are excluded).
This development of dumped imports coincided with a fall in consumption by 4 % or by 7 849
tonnes on the Community market.

Furthermore, the above table shows that prices of Indian bed linen had significantly decreased during
the period considered. For instance, average prices decreased by 18 % in the period from 1993 to the
IP and by 25 % between 1994 and the IP. The trends in sales prices are not significantly different if
the imports from the Indian exporters found not to have dumped are excluded.

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(10) During the IP, the level of undercutting of the dumped imports originating in India ranged from
13,8 % to 40,8 %, expressed as percentages of the adjusted average prices of the Community
industry. Undercutting also remains significant if imports from the exporters found not to have
dumped are excluded (see recital 24 of Regulation (EC) No 1644/2001). The weighted average
undercutting margin is around 19 %.

2.2. Situation of the Community industry

(11)

It is recalled that the situation of the Community industry was analysed in recitals 81 to 91 of the
provisional Regulation as well as recitals 40 and 41 the definitive Regulation. As shown in recitals
25 to 47 of Regulation (EC) No 1644/2001 all factors listed in Article 3(5) of the basic Regulation
were analysed.

2.2.1. G r o w t h

(12)

The growth of the Community industry was particularly negative between 1994 and the IP in terms
of sales volume (– 1 173 tonnes). The growth in market share was very limited in the same period
(+ 0,2 percentage points) and was even negative between 1995 and the IP. At the same time, the
growth of market share of low-priced imports from India remained always positive and was
significant. Between 1994 and the IP, Indian imports increased by 40,5 % or 5 315 tonnes (47 % or
5 058 tonnes if imports from the Indian exporting producers found not to have dumped are
excluded) and the growth in market share was as high as 3,1 percentage points (2,9 percentage
points) during the same period.

2.2.2. F a c t o r s a f f e c t i n g C o m m u n i t y p r i c e s

(13) When evaluating factors affecting domestic prices the analysis focussed primarily on the contraction

of demand and raw cotton prices.

(14)

(15)

(16)

(17)

The investigation clearly showed that the gap left by Community factory closures and the fall in
imports from certain other third countries during the period considered was filled to an appreciated
extent by imports from India, of which most were found to be dumped. Given that the prices of the
dumped imports from India were amongst the lowest of all the operators selling bed linen on the
it is concluded that the contraction of demand in itself did not have an
Community market,
overriding impact on prices, notably those of the Community industry.

The price of raw cotton, which can represent up to 15 % of the total cost of bed linen, increased
significantly during the period considered. Normally, in fair market conditions, producers should
have been able to pass on this cost increase to customers. The investigation has shown that the
Community industry was not able to do so in this case.

It is also noted that as described in recitals 9 and 10 above the investigation also established that
prices of the imports concerned decreased considerably and that there was significant price undercut-
ting by Indian exporting producers. Indian prices declined by up to 18 % and undercutting margins
ranging from 13,8 % to 40,8 % were found to exist.

Furthermore, between 1994 and the IP, the volume of imports from India increased the most: 5 315
tonnes (5 058 tonnes excluding the imports which were not made at dumped prices) and 3,1
percentage points growth in market share (2,9 percentage points). These imports represented 34 %
of the Community industry's sales volume in 1994 and over 50 % during the IP.

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2.2.3. M a g n i t u d e o f

t h e a c t u a l m a r g i n o f d u m p i n g

(18) As concerns the impact on the Community industry of the magnitude of the actual margin of
dumping, given the volume and the prices of the imports originating in India, this impact cannot be
considered as negligible. Indeed, as outlined in recital 8 above, Indian imports increased significantly
in absolute and in relative terms. They represented 33 % of the Community industry's sales volume
in 1992 and over 50 % during the IP (respectively 28 % and 43 % if the imports from Indian
exporters found not to have dumped are excluded).

(19)

(20)

The Association of Indian Exporters argued that where the dumping margins are much lower than
the undercutting or underselling margins, the injury suffered by the Community industry must be
due to other factors. Whilst it is noted that individual dumping margins and the weighted average
dumping margin found for India are lower than the undercutting margins. However, the dumping
margins found are still distinctly above de minimis levels.
the
undercutting would have disappeared if the imports from India had not been dumped and this
would have made products from India clearly less attractive.

least one third of

Indeed, at

2.3. Conclusion on injury

It follows from the reassessment carried out above that imports from India increased by 56 % or by
6 583 tonnes from 1992 to the IP, and their market share by 67 % (55 % or by 5 584 tonnes
excluding the imports which were not made at dumped prices). If only dumped imports are taken
into consideration, they increased by 3,4 percentage points in terms of market share and represented
8,5 % of the Community market during the IP. The increase in absolute and relative terms therefore
remains significant, even if the imports from Indian exporters found not to have dumped are
excluded. Moreover, average prices of Indian bed linen declined by up to 18 % during the period
considered and undercutting by dumped imports was established on average at 19 % during the IP.

(21)

Based on the above,

it is concluded that the Community has suffered material

injury.

3. Causation

3.1. Introduction

(22)

Based on the above findings, the causal link analysis set out in recitals 54 to 58 of Regulation (EC)
No 1644/2000 as well as in recitals 100 and 101 of the provisional Regulation should likewise be
reassessed.

3.2. Effect of the dumped imports from India

(23) As shown in recitals 5 to 8 above, imports from India significantly increased by 6 583 tonnes in
absolute terms and by 56 % in percentage terms (if the imports from the Indian exporters found not
to be dumping are excluded, the volume increase would be 5 584 tonnes, meaning a percentage
terms increase of 55 %). The market share held by these imports increased during the period
considered from 5,9 % to 9,9 %, namely by 4,0 percentage points (5,1 % to 8,5 %, namely 3,4
percentage points if the imports from the Indian exporting producers found not to have dumped are
excluded). During the IP, the weighted average undercutting margin (excluding the imports from the
non-dumping Indian exporters) was established at around 19 %.

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(24) During the period considered sales by the Community industry slightly increased by 348 tonnes and
the Community industry's market share increased from 18,1 % to 19,7 %, namely by 1,6 percentage
points. This has to be seen in the light of the fact that the Community industry managed to shift
production and sales to higher value added products in order to maintain production and sales
levels. Overall, this led to cost increases not covered by price increases. Indeed, the investigation
showed that the Community industry's weighted average sales price remained by and large stable.

(25)

It is also recalled that the market for bed linen is characterised by transparency and a certain product
substitutability (recital 97 of the provisional Regulation). Large Community purchasers of bed linen,
whose orders can ensure a high level of production capacity utilisation and therefore some economy
of scale, are very sensitive to prices. On this basis, it can be concluded that the low prices of the
Indian exporting, producers concerned, which were of the lowest available on the Community
market, coupled with their substantial and increasing market share, have exercised continuous
downward pressure on the prices on the Community market.

(26) As stated in recital 17 above it should further be noted that during the period from 1994 to the IP
the volume of imports from India increased the most, namely by 41 % or by 5 315 tonnes (47 % or
5 058 tonnes if the imports from the Indian exporting producers found not to have dumped are
excluded). During that period, the market share of Indian imports increased by 3,1 percentage points
(2,9 percentage points). It is recalled that the investigation showed that it was during that period that
the financial situation of the Community industry deteriorated the most: in particular, profit fell by
1,4 percentage points and the return on investments by 7 percentage points.

As stated in recital 99 of the provisional Regulation, price suppression and consequent decreasing
profitability (and the corresponding development of cash flow and return on investment) were the
main indicators to conclude that the Community industry suffered material injury. In view of the
coincidence in time between the significant increase in the low-priced dumped imports originating in
India and the deterioration of the financial situation of the Community industry, it is confirmed that
there was a direct link between these imports and the material

injury found.

3.3. Effects of other factors

3.3.1. P r e l i m i n a r y r e m a r k s

(27)

It should be recalled that the analysis set out in Regulation (EC) No 1644/2001 of the effects of
factors other than dumped imports on the state of the Community industry confirmed the causal
link between dumped imports originating in India, Egypt and Pakistan and the material injury found
(recital 69 of Regulation (EC) 1644/2001). This analysis included an analysis of imports from other
third countries not subject to measures, which obviously did not cover imports from Egypt and
Pakistan. Given the termination of the proceeding with regard to imports originating in Pakistan
(recital 13 of Regulation (EC) No 160/2002) and the expiry of the measures with regard to Egypt, the
reassessment of the effect of imports of bed linen from other third countries covers all imports other
than Indian including those from Egypt and Pakistan.

(28)

In addition, it is important to ensure that the injurious effects of imports from third countries not
concerned, including those from Egypt and Pakistan, are not attributed to Indian imports taken in
isolation. Therefore, a separate assessment and a distinction between the injurious effects of those
imports were carried out.

(29)

From the outset, the nature of the injury suffered by the Community industry, namely price
suppression and declining and inadequate profitability which caused financial
losses, should be
underlined.

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3.3.2. E f f e c t o f

i m p o r t s f r o m t h i r d c o u n t r i e s

(30)

Firstly, it should be recalled that the impact of imports of bed linen from third countries excluding
India, Egypt and Pakistan was analysed in recitals 100 and 101 of the provisional Regulation. It was
found that these imports originated from a wide range of third countries with very limited market
shares. As shown in the table below, during the IP, market shares of the most relevant third
countries were: Turkey (4 %), Poland (2,4 %), Thailand (1,5 %), China (1,1 %) and Romania (1,7 %).
All the other third countries had a market share below 1 % of Community consumption.

Imports from third countries not originally
concerned (Eurostat)

1992

1993

1994

1995

IP

Turkey

Market share

4,2 %

3,6 %

3,1 %

3,6 %

Price ECU/kg

6,7

7,1

7,6

8,1

4 %

7,9

Poland

Market share

0,5 %

0,9 %

1,4 %

2,2 %

2,4 %

Price ECU/kg

7,2

7,2

7,5

8,3

8,4

Thailand

Market share

2,1 %

1,6 %

2,2 %

1,8 %

1,5 %

Price ECU/kg

5,0

5,4

4,9

5,1

5,3

China

Market share

0,9 %

1,2 %

1,4 %

1,3 %

1,1 %

Price ECU/kg

10,0

9,5

9,1

9,2

9,7

Romania

Market share

0,3 %

0,2 %

0,7 %

1,0 %

1,7 %

Price ECU/kg

6,7

4,9

5,1

5,6

5,8

Other third countries with low market
share

12,9 %

9,8 %

7,7 %

4,5 %

4,4 %

Price ECU/kg

6,0

6,6

11,6

14,9

14,7

(31)

The analysis shows that Thailand, whose import price was 7 % higher than that of India, had the
lowest level of prices of all the above third countries. However, the market share of Thailand (1,5 %)
is just 15 % of the market share of India alone. All the other third country exporters sold their bed
linen on the Community market at prices significantly above the prices of the Indian and Egyptian
exporting producers. It follows from the foregoing that most of the above imports were undercut by
imports from India, Egypt and even in some instances from Pakistan.

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(32) As stated in recital 101 of the provisional Regulation, the cheap imports from third countries other
than Egypt and Pakistan, which undercut the Community industry prices, could also have contrib-
uted to the injury suffered by the Community industry. However, given their limited market share
and the level of their sales price, the consequent impact on the Community market,
is
considered to be negligible.

if any,

(33)

Secondly, imports attributable to Pakistani and Egyptian exporting producers were analysed in the
context of the assessment of the impact of other imports into the Community originating in
countries which were not under investigation. Overall, imports of bed linen from third countries
including those from Egypt and Pakistan developed as follows:

Imports all other third countries

1992

1993

1994

1995

IP

Volume (tonnes)

63 694

65 094

67 552

65 473

64 078

Index

100

102

106

103

101

Price ECU/kg

Index

Market share

Index

6,0

100

6,1

102

6,3

105

6,5

108

6,7

111

31,9 %

33,5 %

34,9 %

34,6 %

34,5 %

100

105

109

109

108

(34) As shown in the table above the volume of imports from all other third countries slightly increased
by 1 % or by 384 tonnes over the period considered. Thus, as compared to the findings set out in
the provisional Regulation, which showed an overall decreasing trend during the period considered,
imports from these other countries increased by 6 % up to 1994 and subsequently decreased by 5 %.
At the end of the period considered, their volume was roughly at the same level as at the beginning.
The aforementioned change in findings is also reflected in the market share. Their market share
increased by 8 % or by 2,6 percentage points during the same period.

(35)

(36)

It should be noted that in the most recent period prior to the IP, namely from 1994 up to the end of
the IP, when the economic situation of the Community industry developed most negatively, imports
from other third countries also followed a negative trend: their volume decreased by 5 % or by 3 474
tonnes and they also lost market share. The average price however continuously increased.

It should be noted that the findings made in recitals 100 and 101 of the provisional Regulation
concerning the trends in volume and average import price of other third countries are not altered
overall by the inclusion of imports from Egypt and Pakistan. It is recalled that Pakistan is by far the
largest exporting country amongst those ‘other third countries’ and average import prices rose
consistently during the period considered. Moreover, during the IP, prices of sampled Pakistani
producers were in many instances higher than those of imports from sampled exporting producers
from India.

(37)

Thirdly and for the sake of completeness, the information available on imports of bed linen
originating in Egypt and Pakistan is given below and analysed separately in order to distinguish the
injurious effects of these third countries' imports from the injurious effects of dumped imports from
India:

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Egypt

1992

1993

1994

1995

IP

Volume (tonnes)

1 759

2 428

4 319

5 974

6 714

Index

Market share

Index

ECU/kg

Eurostat

Index

Index 1993 to the IP

Index 1994 to the IP

100

0,9 %

100

142

1,2 %

142

246

2,2 %

253

340

3,2 %

359

382

3,6 %

410

4,38

4,46

4,16

4,21

4,28

100

102

100

95

93

100

96

94

101

98

96

103

Pakistan

1992

1993

1994

1995

IP

Volume (tonnes)

20 221

21 874

18 925

21 438

21 514

Index

Market share

Index

ECU/kg

Eurostat

Index

Index 1993 to the IP

Index 1994 to the IP

100

111

94

106

106

10,1 %

11,2 %

9,8 %

11,3 %

11,6 %

100

111

97

112

114

5,64

5,73

6,15

6,11

6,03

100

102

100

109

107

100

108

107

99

107

105

98

(38)

The evolution of imports from Egypt and Pakistan contrasts with imports from India, the develop-
ment of which is shown in recitals 5 to 7 above. Their combined volume was always higher than the
volume of imports from India alone. However, while the volume of imports from India increased
significantly both in absolute and in relative terms during the period considered, the volume of
imports from Pakistan remained by and large stable during that period. The volume of imports from
Egypt increased both in absolute and in relative terms but at the end of the period considered it
remained still far below the Indian levels.

(39) As far as prices are concerned, according to Eurostat import statistics it emerged that whilst prices of
Egyptian imports, which represented a fairly small market share as compared to Pakistan and India,
had slightly decreased by 2 % during the period considered, Pakistani prices had risen (see recital 80)
of the provisional Regulation). Moreover, Pakistani prices are on average higher than Indian prices.
Furthermore, during the IP and based on data collected from sampled companies on similar types of
bed linen it was found that in many instances and for large quantities, Pakistani products were sold
at prices higher than those charged by Indian exporting producers.

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(40)

Based on Eurostat import statistics it emerged that in 1994 Indian prices were on average 7 % higher
than Pakistani prices, but the trend significantly reversed during the IP and Indian prices became on
average 18 % lower. This also means that in the period from 1994 to the IP Pakistani prices had
decreased by 2 % whereas Indian prices decreased by as much as 25 %. In the same period, Egyptian
prices had increased by 3 % on average.

(41)

It is in the most recent part of the period considered, namely between 1994 and the IP, that Indian
exporting producers gained most of the volume and market shares (see recitals 17 and 26 above).
This period coincided with the deterioration of the financial situation of the Community industry.

(42)

Low-priced Indian imports represented overall more than 50 % of the Community industry's sales
during the IP and price undercutting by exporting producers located in that country was significant
(see recitals 10 and 18 above). Between 1993 to the IP, Indian prices, which were amongst the
lowest of all the operators present on the price-sensitive Community market, had decreased by 18 %.
Indian prices had decreased by 25 % in the period from 1994 to the IP when the financial situation
of the Community industry developed most negatively.

(43) When analysing the nature and extent of the injury caused by low-priced Indian imports on the
Community market, it is necessary to take account of the dramatic increase of these imports as
compared to Community industry's sales volume (see recital 18 above) and the negative trend in
Indian sales prices during the period considered, as well as during the period from 1994 to the IP
when, as mentioned, the deterioration of the situation of the Community was most marked. The
impact of the increased volume and the trend in sales price described above on the state of the
Community industry has also to be seen in the light of the transparency and the importance of
prices in the bed linen market.

(44)

The separate analysis of the effects of the import volume from Egypt and Pakistan and the effect of
these imports on prices in the Community market for bed linen, and the consequent effect on the
Community industry,
indicates that although these imports had a negative impact, the negative
impact of the dumped imports from India taken in isolation were none the less substantial. This
finding takes account of the nature of the material injury found and the increased volumes and the
low level of prices offered on the Community market by Indian exporting producers.

(45) As shown in recitals 5 to 10 above, imports from India continuously increased during the period
considered. The table below shows the evolution of imports from Indian exporting producers not
found to be dumping and their share in the total import of bed linen from India. The development
of Indian imports thus remains significant even if imports made by Indian exporters found not to
have dumped are excluded.

Non-dumped imports from India

1992

1993

1994

1995

IP

Volume (tonnes)

1 612

1 612

2 355

2 540

2 612

Index

100

100

146

158

168

% of Indian imports

16 %

15 %

22 %

16 %

17 %

(46)

Finally, as shown above, bed linen from Indian exporting producers found not to have dumped was
imported in limited quantities onto the Community market. These imports increased from 1 612
tonnes in 1992 to 2 611 tonnes during the IP. The information available also showed that prices for
these imports had increased during the period considered. Therefore, even if these imports were to
be included in the above analysis it would not reverse the trends as found in recital 34 above.

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Based on the above, the conclusion reached in recital 44 is not altered if imports from Indian
exporting producers found not to have dumped were included in the overall analysis of imports of
bed linen from other third countries.

3.4. Conclusion on causation

(47)

(48)

(49)

Based on the reasoning in recitals 52 to 70 of Regulation (EC) No 1644/2001 and the above
reassessment of the findings it can clearly be seen that there is a direct link between the increase in
volume and the price effect of dumped imports from India taken in isolation and the material injury
suffered by the Community industry.

This link is demonstrated in particular by the degree of the increase in volume and market share of
imports originating in India compared to other third country imports. This contributed to the
suppression of sales prices and the deterioration of the Community industry's profitability from
3,6 % in 1992 to 1,6 % during the IP.

Furthermore, the analysis of the situation of the Community industry between 1994 and the IP and
the imports of bed linen from India indicates a clear coincidence in time between the marked
deterioration of the financial situation of the Community industry and the increase, in both relative
in low-priced and dumped imports originating in India.
and absolute terms,

(50) Given the above analysis,

it is considered that imports of bed linen originating in India had a
significant negative impact on the situation of the Community industry and that the effect of other
factors, notably imports from third countries including Pakistan and Egypt, was not such as to alter
the finding of a genuine and substantial relationship of cause and effect between the dumped
imports from India and the material
Indeed, the
injurious effect of Indian imports on the Community market was greater than any other factor
towards the latter part of the period considered. During this period imports originating in India
gained most of the volume and market shares, decreased in price by 25 %, and the financial situation
of the Community industry worsened considerably. Consequently, there is a causal link between the
dumped imports from India and the material

injury suffered by the Community industry.

injury suffered by the Community industry.

C. GENERAL CONCLUSION

(51) As a result, the amended definitive duty introduced and suspended by Regulation (EC) No 1644/

2001 as regards imports of bed linen originating in India should be confirmed.

(52)

The Indian authorities, the Indian exporters and their association, all
interested parties in the
Community, in particular the Community industry, importers and users, received disclosure of the
reassessed findings and were given an opportunity to comment and be heard. The oral and written
comments submitted by these parties were considered but have not altered the conclusions reached
in this Regulation.

(53) Notwithstanding its confirmatory nature, in the interests of transparency and legal certainty, this

Regulation should enter into force as soon as possible,

HAS ADOPTED THIS REGULATION:

Article 1

The definitive anti-dumping duty imposed on imports of cotton-type bed linen originating in India by
Article 1 of Regulation (EC) No 2398/97, as amended and suspended by Regulation (EC) No 1644/2001, is
hereby confirmed.

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

Article 2

25.4.2002

EN

Official Journal of the European Communities

L 109/13

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

Done at Luxembourg, 22 April 2002.

For the Council

The President

M. ARIAS CAÑETE