2002/661/EC: Commission Decision of 20 August 2002 terminating the anti-dumping and the anti-subsidy proceedings concerning imports of certain magnetic disks (3,5″ microdisks) originating in India (notified under document number C(2002) 3082)
Date: 2002-08-20
Institutions: European Commission
Subjects: India, anti-dumping legislation, anti-subsidy proceeding, import, magnetic medium, originating product

21.8.2002

EN

Official Journal of the European Communities

L 224/59

COMMISSION DECISION

of 20 August 2002

terminating the anti-dumping and the anti-subsidy proceedings concerning imports of certain
magnetic disks (3,5(cid:1) microdisks) originating in India

(notified under document number C(2002) 3082)

(2002/661/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 not members of the European Community (1), as last
amended by Regulation (EC) No 2238/2000 (2), and in parti-
cular Article 9 thereof,

Having regard to Council Regulation (EC) No 2026/97 of 6
October 1997 on protection against subsidised imports from
countries not members of the European Community (3), and in
particular Article 14 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

A. PROCEDURE

On 29 October 2001, the Commission received two
complaints concerning alleged injurious dumping and
injurious subsidisation by imports into the Community
of certain magnetic disks (3,5(cid:1) microdisks) originating in
India.

Both complaints were lodged by the Committee of
European Diskette Manufacturers (Diskma) (the complai-
nant) on behalf of Community producers representing a
major proportion of the total Community production of
certain magnetic disks (3,5(cid:1) microdisks).

These complaints contained prima facie evidence of
dumping and subsidisation, and of material
injury
resulting therefrom, considered sufficient to justify the
initiation of both an anti-dumping and an anti-subsidy
proceeding.

after

The Commission,
the Advisory
Committee, by two separate notices published on 13
December 2001 in the Official Journal of the European
Communities (4), accordingly initiated an anti-dumping

consulting

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 288, 21.10.1997, p. 1.
(4) OJ C 354, 13. 12. 2001, pp. 3 and 6.

and an anti-subsidy proceeding concerning imports into
the Community of certain magnetic disks (3,5(cid:1) micro-
code
disks)
ex 8523 20 90 and originating in India.

classifiable

currently

within

CN

(5)

(6)

(7)

(8)

(9)

The Commission officially advised the Community
producers, exporting producers,
importers, users and
suppliers known to be concerned, the representatives of
the exporting country and the complainant of the initia-
tion of the proceedings. The parties concerned had the
opportunity to make their views known in writing and
to request a hearing within the time limit set out in the
Notice of Initiation.

B. WITHDRAWAL OF THE COMPLAINTS AND TERMI-

NATION OF THE PROCEEDINGS

By a letter of 25 June 2002 to the Commission, Diskma
formally withdrew its anti-dumping and anti-subsidy
complaints concerning imports of certain magnetic disks
(3,5(cid:1) microdisks) originating in India.

In accordance with Article 9(1) of Regulation (EC) No
384/96 and with Article 14(1) of Regulation (EC) No
2026/97, when the complainant withdraws its complaint
the proceeding may be terminated unless such termina-
tion would not be in the Community interest.

The Commission considered that the present proceedings
should be terminated since the investigation had not
brought to light any considerations showing that such
termination would not be in the Community interest.
Interested parties were informed accordingly and were
given the opportunity to comment. No comments were
received, however,
such termination
indicating that
would not be contrary to the Community interest.

The Commission therefore concludes that
the anti-
dumping and the anti-subsidy proceedings concerning
imports into the Community of certain magnetic disks
(3,5(cid:1) microdisks) originating in India should be termi-
nated without the imposition of measures,

L 224/60

EN

Official Journal of the European Communities

21.8.2002

HAS DECIDED AS FOLLOWS:

Sole Article

The anti-dumping and the anti-subsidy proceedings concerning imports into the Community of certain
magnetic disks (3,5(cid:1) microdisks) currently classifiable within CN code ex 8523 20 90 and originating in
India are hereby terminated.

Done at Brussels, 20 August 2002.

For the Commission

Pascal LAMY

Member of the Commission