Council Regulation (EC) No 122/2006 of  23 January 2006  amending Regulation (EC) No 74/2004 imposing a definitive countervailing duty on imports of cotton-type bedlinen originating in India
Date: 2006-01-23
Institutions: Council of the European Union
Subjects: India, cotton, countervailing charge, export subsidy, import, originating product, textile product

26.1.2006

EN

Official Journal of the European Union

L 22/3

COUNCIL REGULATION (EC) No 122/2006

of 23 January 2006

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,

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

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)

ex 6302 22 90
ex 6302 31 00

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
ex 6302 21 00 (TARIC codes 6302 21 00 81,
codes
code
6302 21 00 89),
6302 22 90 19),
code
6302 31 00 90)
(TARIC code
6302 32 90 19), originating in India. Given the large
Indian
number of cooperating parties, a sample of
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 coop-
erating companies not
included in the sample were
attributed a duty rate of 7,6 %. A duty rate of 10,4 %

(TARIC
(TARIC

ex 6302 32 90

and

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

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

(2) OJ L 12, 17.1.2004, p. 1. Regulation as last amended by Regulation

(EC) No 2143/2004 (OJ L 370, 17.12.2004, p. 1).

(2)

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) of that Regulation during the investigation
period (1 October 2001 to 30 September 2002) (the first
criterion), that it is not related to any of the exporters or
producers in India which are subject to the anti-subsidy
second
imposed by that Regulation (the
measures
criterion) and that
it has actually exported to the
Community the products concerned after the investi-
gation 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 may
be amended by granting the new exporting producer the
duty rate applicable to the cooperating companies not
included in the sample, i.e. 7,6 %.

(3)

Council Regulation (EC) No 2143/2004 (3) added 15
companies
Indian exporters/producers
listed in the Annex to Regulation (EC) No 74/2004.

to the list of

(4)

(5)

B. NEW EXPORTERS/PRODUCERS’ REQUESTS

Thirteen Indian companies have applied to be granted
the same status (newcomer status) as the companies
cooperating in the original investigation not included in
the sample.

the Indian companies

information requested after

requesting newcomer
Four of
status did not reply to a questionnaire and one did not
supply additional
it had
submitted an incomplete reply to the questionnaire. It
these
therefore not possible to verify whether
was
companies fulfilled the criteria set out in Article 2 of
Regulation (EC) No 74/2004, and their requests had to
be rejected.

(3) OJ L 370, 17.12.2004, p. 1.

L 22/4

EN

Official Journal of the European Union

26.1.2006

(6)

(7)

(8)

(9)

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

intended to verify that

The evidence provided by five of the abovementioned
Indian exporters/producers is considered sufficient
to
grant them the duty rate applicable to the cooperating
companies not included in the sample (i.e. 7,6 %) and
consequently for them to be added to the list of expor-
ters/producers in the Annex (the Annex) to Regulation
(EC) No 74/2004.

As far as the remaining three Indian exporters/producers
are concerned, two exported the product concerned to
the Community during the original investigation period
(i.e. from 1 October 2001 to 30 September 2002) and
one was unable to provide any evidence that it did not
to the Community during the investigation
export
period.

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

first

the

i.e.

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Alok Industries Limited

Texel Industries

Textrade International Private Limited

Welspun India Limited

Mumbai

Chennai

Mumbai

Mumbai

Yellows Spun and Linens Private Limited

Mumbai

(10)

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

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

Article 2

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

Done at Brussels, 23 January 2006.

For the Council
The President

J. PRÖLL