Notice of initiation of an anti-subsidy proceeding concerning imports of compact disks — recordable (CD-Rs) originating in India
Date: 2002-05-17
Institutions: European Commission
Subjects: India, anti-subsidy proceeding, import, originating product, record

C 116/4

EN

Official Journal of the European Communities

17.5.2002

(iii) Hearings

Commission address for correspondence:

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

(b) Specific time limit in respect of sampling

the European Communities, given that

(i) All information relevant for the selection of the sample
should reach the Commission within 15 days of the
this notice in the Official
date of publication of
the
Journal of
Commission intends to consult parties concerned that
have expressed their willingness to be included therein
on the final selection of the sample within a period of
21 days of the publication of this notice in the Official
Journal of the European Communities.

(ii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date
of the notification of their inclusion in the sample.

European Commission
Office TERV — 0/13
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 18 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.

9. Schedule of the investigation

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.

The investigation will be concluded, according to Article 6(9)
of the Basic Regulation within 15 months of the date of the
publication of this notice in the Official Journal of the European
Communities. According to Article 7(1) of the Basic Regulation,
provisional measures may be imposed no later than nine
months from the publication of
this notice in the Official
Journal of the European Communities.

Notice of initiation of an anti-subsidy proceeding concerning imports of compact disks —
recordable (CD-Rs) originating in India

(2002/C 116/03)

The Commission has received a complaint pursuant to Article
10 of Council Regulation (EC) No 2026/97 (1) (‘the Basic Regu-
lation’), alleging that imports of CD-Rs, originating in India
(‘the
country concerned’), are being subsidised and are
thereby causing material injury to the Community industry.

1. Complaint

The complaint was lodged on 2 April 2002 by the Committee
of CD-R Manufacturers (CECMA) (‘the complainant’) on behalf
of producers representing a major proportion,
in this case
more than 25 %, of the total Community production of CD-Rs.

2. Product

(CD-Rs)

originating

The product allegedly being subsidised is compact disks —
recordable
product
concerned’). CD-Rs are optical storage WORM (write once
read many) disks on which either data or music can be
recorded,
ex
CN code
8523 90 00 This CN code is only given for information.

classifiable within

currently

India

(‘the

in

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

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 the duty entitlement
passbook scheme, subsidies for industries located in export
processing
parks/
software technology parks or for export oriented units, an
income tax exemption, the export promotion capital goods
scheme and the advance licence scheme.

zones/electronic

technology

hardware

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 CD-Rs. They are alleged to be contingent upon
export performance and therefore specific and countervailable,
or to be otherwise specific and countervailable.

to the recipients,

i.e.

4. Allegation of injury

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

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C 116/5

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

5. Procedure

Having determined, after consulting the Advisory Committee,
that the complaint has been lodged by or on behalf of the
Community and that 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.

— any other relevant information that would assist the

Commission in the selection of the sample,

— an indication of whether

company or
companies agree to their inclusion in the sample,
replying to a questionnaire and
which implies
accepting an on-the-spot
their
response.

investigation of

the

the selection of

In order to obtain the information it deems necessary
for
the
Commission will,
in addition, contact any known
associations of importers.

the sample of

importers,

5.1. Procedure for the determination of subsidisation and

(ii) Final selection of the sample

injury

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

(a) Sampling

In view of the apparent large number of parties involved in
this proceeding,
the Commission may decide to apply
sampling in accordance with Article 27 of the Basic Regu-
lation.

(i) Sampling for importers

In order to enable the Commission to decide whether
sampling is necessary and, if so, to select a sample, all
unrelated importers, or representatives acting on their
behalf, are hereby requested to make themselves known
to the Commission and to provide the following
information in confidential and non-confidential form
on their company or companies within the time limit
set in point 6(b)(i) of this notice:

— name, address, e-mail address, telephone, and fax,

and/or telex numbers and contact person,

— the total turnover in euro of the company during
the period 1 April 2001 to 31 March 2002,

— the total number of employees,

— the precise activities of the company with regard to

the product concerned,

— the volume in units and value in euro of imports
into and resales made in the Community market
during the period 1 April 2001 to 31 March
2002 of
the imported product concerned orig-
inating in India,

— the names and the precise activities of all related
involved in the production and/or

companies (1)
selling of the product concerned,

(1) For guidance on the meaning of related companies, please refer to
Article 143(1) of Commission Regulation (EEC) No 2454/93
concerning the implementation of the Community Customs Code
(OJ L 253, 11.10.1993, p. 1).

interested parties wishing to submit any relevant
All
the sample
information regarding the selection of
must do so within the time limit set in point 6(b)(i)
of this notice.

The Commission intends to make the final selection of
the sample after having consulted the parties concerned
that have expressed their willingness to be included in
the sample.

Companies included in the sample must reply to a
questionnaire within the time limit
in point
6(b)(ii) of this notice and must cooperate within the
framework of the investigation.

set

sufficient

cooperation is not

If
the
Commission will base its findings, in accordance with
Articles 27(4) and 28 of the Basic Regulation, on the
facts available.

forthcoming,

(b) 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 to any association of exporters/producers, to the
sampled importers, to any association of importers named
in the complaint, and to the authorities of the exporting
countries concerned.

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)(i) 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(a)(ii)
of this notice applies to all such interested parties.

(c) Collection of information and holding of hearings

submit
to
and

information other

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

supporting

evidence.

provide

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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(a)(iii) of
this notice.

5.2. Procedure for assessment of Community interest

For

this

their

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
objective
and the product
concerned, may, within the general time limits set in point
6(a)(ii) of this notice, make themselves known and provide
the Commission with information. The parties which have
acted in conformity with the precedent sentence may request
a hearing setting the particular reasons why they should be
heard within the time limit set
this
It should be noted that any information submitted
notice.
if
to Article 31 will only be taken into account
pursuant
supported by factual evidence at the time of submission.

in point 6(a)(iii) of

link between their

they prove that

activity

6. Time limits

(a) General time limits

(i) 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 this notice in the Official Journal of the
European Communities.

(ii) For parties to make themselves known, to submit ques-

tionnaire replies and any other information

All interested parties, if their representations are to be
taken into account during the investigation, must make
themselves 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.
Attention is drawn to the fact that the exercise of
most procedural rights set out in the Basic Regulation
depends on the party's making itself known within the
aforementioned period.

Companies selected in a sample must submit ques-
tionnaire replies within the time limits specified in
point 6(b)(ii) of this notice.

(iii) Hearings

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

(b) Specific time limit in respect of sampling

the European Communities, given that

(i) All information relevant for the selection of the sample
should reach the Commission within 15 days of the
this notice in the Official
date of publication of
the
Journal of
Commission intends to consult parties concerned that
have expressed their willingness to be included therein
on the final selection of the sample within a period of
21 days of the publication of this notice in the Official
Journal of the European Communities.

(ii) The questionnaire replies from sampled parties must
reach the Commission within 37 days from the date
of the notification of their inclusion in the sample.

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.

Commission address for correspondence:

European Commission
Office TERV — 0/13
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.

9. Schedule of the investigation

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 from the publication of
this notice in the
Official Journal of the European Communities.