2002/951/EC: Commission Decision of 3 December 2002 terminating the accelerated review of Council Regulation (EC) No 1599/1999 imposing a definitive countervailing duty on imports of stainless steel wire with a diameter of 1 mm or more originating in India
Date: 2002-12-03
Institutions: European Commission
Subjects: India, import, monetary compensatory amount, originating product, steel, wire

6.12.2002

EN

Official Journal of the European Communities

L 330/35

COMMISSION DECISION

of 3 December 2002

terminating the accelerated review of Council Regulation (EC) No 1599/1999 imposing a definitive
countervailing duty on imports of stainless steel wire with a diameter of 1 mm or more
originating in India

(2002/951/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 (1) (herein-
after referred to as ‘the basic Regulation’), as amended by Regu-
lation (EC) No 1973/2002 (2), and in particular Article 20
thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

A. PREVIOUS PROCEDURE

By Regulation (EC) No 1599/1999 (3), as amended by
Regulation (EC) No 164/2002 (4), the Council imposed a
definitive countervailing duty on imports of stainless
steel wire having a diameter 1 mm or more (hereinafter
referred to as ‘the product concerned’) falling within CN
code ex 7223 00 19 originating in India. The measures
took the form of ad valorem duties of between 0 % and
35,4 % on individual exporters, with a residual duty of
48,8 %.

B. CURRENT PROCEDURE

1. Request for review

Subsequent to the imposition of definitive measures, the
Commission received a request for the initiation of an
accelerated review of Regulation (EC) No 1599/1999,
pursuant to Article 20 of the basic Regulation, from one
Indian producer, Garg Sales Co. PVT Ltd (the applicant).
The applicant claimed that it was not related to any
other exporters of
the product concerned in India.
Furthermore,
it claimed that it had not exported the
product concerned during the original period of investi-
gation (1 April 1997 to 31 March 1998), but had

(1) OJ L 288, 21.10.1997, p. 1.
(2) OJ L 305, 7.11.2002, p. 4.
(3) OJ L 189, 22.7.1999, p. 1.
(4) OJ L 30, 31.1.2002, p. 9.

(3)

(4)

exported the product concerned to the Community after
that period. On the basis of the above, it requested that
an individual duty rate be established for it.

2. Initiation of an accelerated review

The Commission examined the evidence submitted by
the applicant and considered it sufficient to justify the
initiation of a review in accordance with the provisions
of Article 20 of the basic Regulation. After consultation
of the Advisory Committee and after the Community
industry concerned had been given the opportunity to
comment, the Commission initiated, by a notice in the
Official Journal of the European Communities (5), an acceler-
ated review of Regulation (EC) No 1599/1999 with
regard to the company concerned and commenced its
investigation.

3. Non cooperation by the exporting producer

In order to obtain the information it deemed necessary
for its investigation, the Commission sent a question-
naire to the applicant. However, the Commission did not
receive any reply to the questionnaire within the dead-
line set
for that purpose. Neither did the applicant
request an extension of that deadline. The Commission
informed the applicant that in these circumstances it
was intended to proceed with the termination of the
its
review investigation without
request
for establishing an individual duty rate. The
applicant was given a period of 10 days to comment.
No comments from the applicant were received on the
disclosure of the Commission's intention to terminate
the review investigation.

examining further

(5)

Consequently, it must be concluded that Garg Sales Co.
PVT Ltd has failed to cooperate in the investigation by
not replying to the questionnaire sent by the Commis-
sion. The accelerated review should therefore be termi-
nated,

(5) OJ C 175, 23.7.2002, p. 3.

L 330/36

EN

Official Journal of the European Communities

6.12.2002

HAS ADOPTED THIS DECISION:

Sole Article

The accelerated review of Council Regulation (EC) No 1599/1999 concerning imports of stainless steel
wire with a diameter of 1 mm or more originating in India is hereby terminated.

Done at Brussels, 3 December 2002.

For the Commission

Pascal LAMY

Member of the Commission