Notice of initiation of an accelerated review of Council Regulation (EC) No 2164/98 imposing a definitive countervailing duty on imports of certain broad spectrum antibiotics originating in India
Date: 2003-04-29
Institutions: European Commission
Subjects: India, antibiotic, countervailing charge, import, originating product

C 102/6

EN

Official Journal of the European Union

29.4.2003

Notice of initiation of an accelerated review of Council Regulation (EC) No 2164/98 imposing a
definitive countervailing duty on imports of certain broad spectrum antibiotics originating in India

(2003/C 102/03)

The Commission has received an application for an accelerated
review pursuant to Article 20 of Council Regulation (EC) No
2026/97 (1) (‘the basic Regulation’), as amended by Regulation
(EC) No 1973/2002 (2), with regard to imports of certain broad
spectrum antibiotics originating in India, subject to a definitive
countervailing duty imposed by Council Regulation (EC) No
2164/98 (3).

5. Procedure

Community producers known to be concerned have been
informed of the above application and been given an oppor-
tunity to comment. No comments have been received.

1. Request for review

The application was lodged by Nestor Pharmaceuticals Limited
(‘the applicant’), an exporting producer in India.

2. Product

The product under review is amoxicillin trihydrate, ampicillin
trihydrate and cefalexin not put in measured doses or in forms
or packings for retail sale originating in India (‘the product
codes
classifiable
concerned’),
ex 2941 10 10, ex 2941 10 20 and ex 2941 90 00. These CN
codes are given for information only.

currently

within

CN

3. Existing measures

The measures currently in force are a definitive countervailing
duty imposed by Council Regulation (EC) No 2164/98, under
which imports into the Community of certain broad spectrum
antibiotics originating in India,
including those produced by
the applicant, are subject to a definitive countervailing duty
of 14,6 %, with the exception of several companies specifically
mentioned which are subject to individual duty rates.

4. Grounds for the review

The applicant alleges that it was not investigated during the
period of investigation on which the countervailing measures
were based, i.e. the period from 1 July 1996 to 30 June 1997
(‘the original investigation period’) for reasons other than the
refusal to cooperate. The applicant alleges that it did not export
the product concerned to the Community during the original
investigation period, and that it is not related to any of the
exporting producers of the product which are subject to the
existing measure.

On the basis of the above, it has requested that an individual
duty rate be established for it.

(1) OJ L 288, 21.10.1997, p. 1.
(2) OJ L 305, 7.11.2002, p. 4.
(3) OJ L 273, 9.10.1998, p. 1.

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of an
accelerated review, the Commission hereby initiates a review
in accordance with Article 20 of the basic Regulation.

(a) Questionnaires

In order to obtain the information it deems necessary for its
investigation, the Commission will send a questionnaire to
the applicant and may request relevant information from
other interested parties.

(b) Collection of information and holding of hearings

Interested parties, provided they can show that they are
likely to be affected by the results of
the review, are
their views in writing, and
hereby invited to present
submit
to the questionnaire mentioned in
the replies
paragraph 5(a) of this notice or any other information to
be taken into account during the review. This information
reach the Commission
and supporting evidence must
within the time limit set in paragraph 6(a) of this notice.

the Commission may hear

interested parties,
Furthermore,
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 paragraph 6(b) of
this notice.

6. Time limits

(a) 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 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
the European Union,
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.

Journal of

29.4.2003

EN

Official Journal of the European Union

C 102/7

(b) Hearings

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.

Commission address for correspondence:

European Commission
Directorate-General for Trade
Directorate B

J-79 — 05/16
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
otherwise does not provide the necessary information within
the time limits, or significantly impedes the investigation,
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.

Amendment by France of public service obligations imposed on scheduled air services between
Ajaccio, Bastia, Calvi and Figari, on the one hand, and Marseille and Nice, on the other

(2003/C 102/04)

(Text with EEA relevance)

1.
France, acting pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 on access for
Community air carriers to intra-Community air routes, has decided to amend the public service obligations
imposed on scheduled air services between Ajaccio, Bastia, Calvi and Figari, on the one hand, and Marseille
and Nice, on the other, as published in the Official Journal of the European Communities C 9 of 15 January
2003, page 4.

2.

The said public service obligations are amended as follows:

On scheduled flights between Marseille and Nice, on the one hand, and Ajaccio and Bastia, on the other,
the maximum fare for the categories of passengers listed in point in 2.2 of the abovementioned publi-
cation is EUR 93.