Council Regulation (EC) No 2143/2004 of 13 December 2004 amending Regulation (EC) No 74/2004 imposing a definitive countervailing duty on imports of cotton-type bedlinen originating in India
Date: 2004-12-13
Institutions: Council of the European Union
Subjects: India, anti-dumping duty, originating product, textile product

17.12.2004

EN

Official Journal of the European Union

L 370/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2143/2004

of 13 December 2004

amending Regulation (EC) No 74/2004 imposing a definitive countervailing duty on imports of
cotton-type bedlinen originating in India

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

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)
(the ‘basic Regulation’),

Having regard to Article 2 of Council Regulation (EC)
No 74/2004 of 13 January 2004 imposing a definitive counter-
vailing duty on imports of cotton-type bedlinen originating in
India (2),

Having regard to the proposal submitted by the Commission
after consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1)

By Regulation (EC) No 74/2004, the Council imposed a
definitive
into the
countervailing duty on imports
Community of
cotton-type bedlinen falling within
CN codes ex 6302 21 00 (TARIC codes 6302 21 00 81,
code
ex 6302 22 90
6302 21 00 89),
code
ex 6302 31 10
6302 22 90 19),
6302 31 10 90),
code
ex 6302 31 90
6302 31 90 90)
(TARIC code
6302 32 90 19), originating in India. Given the large
number of cooperating parties, a sample of
Indian
exporting producers was selected and individual duty
rates ranging from 4,4 % to 10,4 % were imposed on
the companies included in the sample, while other co-
operating companies not included in the sample were
attributed a duty rate of 7,6 %. A duty rate of 10,4 %

(TARIC
(TARIC
(TARIC

ex 6302 32 90

and

(1) OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Council

Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ L 12, 17.1.2004, p. 1.

(2)

(3)

(4)

(5)

(6)

was imposed on companies which either did not make
themselves known or did not cooperate with the inves-
tigation.

Article 2 of Regulation (EC) No 74/2004 stipulates that
where any new exporting producer in India provides
sufficient evidence to the Commission that it did not
export
to the Community the products described in
Article 1(1) during the investigation period (1 October
2001 to 30 September 2002) (the ‘first criterion’) and it
is not related to any of the exporters or producers in
to the anti-subsidy measures
India which are subject
imposed by that Regulation (the ‘second criterion’), and
it has actually exported to the Community the products
concerned after the investigation period on which the
measures are based, or it has entered into an irrevocable
contractual obligation to export a significant quantity to
the Community (the ‘third criterion’), then Article 1(3) of
that Regulation can be amended by granting the new
exporting producer the duty rate applicable to the coop-
erating companies not included in the sample, i.e. 7,6 %.

B. NEW EXPORTERS/PRODUCERS' REQUESTS

Twenty-four Indian companies have applied not to be
treated differently from the companies which cooperated
in the original investigation but were not included in the
sample (‘newcomer status’).

Two Indian companies requesting the newcomer status
did not provide a questionnaire reply. It was therefore
not possible to verify whether these companies fulfilled
the criteria set out
in Article 2 of Regulation (EC)
No 74/2004, and their request had to be rejected.

Two requests for newcomer status were received too late
and therefore no conclusion could be reached on these
requests by the date of adoption of this Regulation.

The remaining twenty companies replied to the ques-
tionnaire
companies
complied with the provisions of Article 2 of Regulation
(EC) No 74/2004.

to verify

intended

that

the

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Official Journal of the European Union

17.12.2004

(7)

(8)

the abovemen-
The evidence provided by thirteen of
tioned Indian exporters/producers is considered sufficient
to grant these new companies the duty rate applicable to
the cooperating companies not included in the sample
(i.e. 7,6 %) and therefore to add these thirteen Indian
in the Annex (the ‘Annex’) of
companies to the list
Council Regulation (EC) No 74/2004.

(14)

As far as the remaining seven Indian exporters/producers
are concerned, two of them were related to companies
subject
three
to the current countervailing measures,
exported the product concerned to the Community
during the original
from 1
October 2001 to 30 September 2002), one could not
provide any invoice or evidence that
it had actually
exported to the Community the product concerned
it had
after the original
entered into an irrevocable contractual obligation to
export the product concerned to the Community.

investigation period or that

investigation period (i.e.

both

examined whether

In the second case, where the applicant company is
related to a company under measures,
it was found
that this should not automatically deprive the company
of being subject to the weighted average duty margin for
included in the sample.
cooperating companies not
Indeed,
related
it was
companies,
if considered together, would have been
selected in the sample of exporting producers according
to the selection criteria specified in recital (11) of Regu-
lation (EC) No 74/2004. Since this appeared not to be
the case, the relationship between both companies does
not affect the findings of the above mentioned Regu-
lation. On these grounds, and given the Commission’s
consistent practice to consider all related companies as
one entity subject to the same duty, it was decided that
this company should also be subject to the duty rate
applicable to the cooperating companies not included
in the sample (i.e. 7,6 %) and therefore be added to the
list in the Annex.

(9)

Finally, it is noted that one request could not be dealt
with in the present context, since the evidence provided
by the applicant company needs further examination.

HAS ADOPTED THIS REGULATION:

(15) All arguments and submissions made by interested
parties were analysed and duly taken into account
when warranted,

(10) Under these circumstances, it was considered that for the
six companies referred to in recital (8), at least one of the
criteria set out
in Article 2 of Regulation (EC) No
74/2004 was not fulfilled. Therefore, their claim had to
be rejected.

Article 1

The following companies shall be added to the list of exporters
/producers from India listed in the Annex of Regulation (EC) No
74/2004:

(11)

Companies for which the newcomer status was not
accepted were informed of the reasons of that decision
and given an opportunity to make their views known in
writing.

(12)

(13)

The two companies related to companies subject to the
current countervailing measures claimed in one case that
their related company did not exist anymore, and in the
second case that they were indeed expecting to be subject
to the same duty rate as their related company.

It was considered in the first case that the fact that the
related company did not exist anymore was indeed a
significant element in the current procedure, and that
the
in this case it could not be considered that
newcomer was not respecting the second criterion.
It
was therefore decided that this company should also be
subject to the duty rate applicable to the cooperating
companies not included in the sample (i.e. 7,6 %) and
therefore be added to the list in the Annex.

‘Alps Industries Ltd

Ambaji Marketing Pvt. Ltd

At Home India Pvt. Ltd

Balloons

Bhairav India International

G-2 International export Ltd

Harimann International

Kabra Brothers

Mohan Overseas (P) Ltd

Pradip Overseas Pvt. Ltd

Sarah Exports

S.P. Impex

Synergy

Texmart Import export

Valiant Glass Works Private Ltd

Ghaziabad

Ahmedabad

New Delhi

New Delhi

Ahmedabad

Ahmedabad

Mumbai

Mumbai

New Delhi

Ahmedabad

Mumbai

Indore

Mumbai

Ahmedabad
Mumbai’.

Article 2

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

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

Done at Brussels, 13 December 2004.

For the Council
The President

B. R. BOT