Council Regulation (EC) No 1840/2006 of 11 December 2006 amending Regulation (EC) No 74/2004 imposing a definitive countervailing duty on imports of cotton-type bedlinen originating in India
Date: 2006-12-11
Institutions: Council of the European Union
Subjects: India, cotton, countervailing charge, import, originating product, textile product

L 355/4

EN

Official Journal of the European Union

15.12.2006

COUNCIL REGULATION (EC) No 1840/2006

of 11 December 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,

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) (the original Regulation),

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

Whereas:

A. PREVIOUS PROCEDURE

(3)

(4)

(1)

(2)

and

ex 6302 32 90

(TARIC
(TARIC

ex 6302 22 90
ex 6302 31 00

By Regulation (EC) No 74/2004, the Council imposed a
into the
countervailing duty on imports
definitive
Community of cotton-type bedlinen falling within CN
ex 6302 21 00 (TARIC codes 6302 21 00 81,
codes
code
6302 21 00 89),
code
6302 22 90 19),
6302 31 00 90)
(TARIC code
6302 32 90 19), originating in India. Given the large
number of cooperating exporting producers of
the
product concerned in India, a sample was selected in
accordance with Article 27 of the basic Regulation and
individual duty rates ranging from 4,4 % to 10,4 % were
imposed on the companies included in the sample, while
other cooperating companies not included in the sample
were attributed a duty rate of 7,6 %. A residual duty rate
of 10,4 % was imposed on all other companies.

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), that it
is not related to any of the exporters or producers in

India which are subject
to the anti-subsidy measures
imposed by that Regulation (the second criterion) and
it has actually exported to the Community the
that
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
that Regulation can be amended by
Article 1(3) of
granting the new exporting producer
the duty rate
applicable to the cooperating companies not included
in the sample, i.e. 7,6 %.

The original Regulation has been amended twice by
amending Regulations, namely Council Regulation (EC)
No 2143/2004 (3), and Council Regulation (EC) No
122/2006 (4). Both Regulations have added to the list
of Indian exporting producers in the Annex to the Regu-
lation the names of companies exporting the product
concerned originating in India who satisfied the Commis-
sion's services that they met the criteria set out in the
original Regulation.

B. NEW EXPORTERS/PRODUCERS' REQUESTS

status of

Nineteen Indian companies applied to be granted the
cooperating in the
same
companies
original
sample
(newcomer status) since the publication of the previous
amending Regulation.

investigation not

included in the

the

(5)

The 19 applicants were:

Applicant Company

City

B.K.S. Textiles Private Limited

Coimbatore

Indian Arts & Crafts Syndicate (IACS)

New Delhi

Mittal International

Esskay International

Opera Clothing

Govindji Trikamdas & Co.

Navnitlal Private Limited

Tulip Exim

Aarthi — A1 — Traders

Anjani Synthetics Limited

Home Concepts

Panipat

Mumbai

Mumbai

Mumbai

Mumbai

Mumbai

Karur

Ahmedabad

New Delhi

(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 122/2006 (OJ L 22, 26.1.2006, p. 3).

(3) OJ L 370, 17.12.2004, p. 1.
(4) OJ L 22, 26.1.2006, p. 3.

15.12.2006

EN

Official Journal of the European Union

L 355/5

Applicant Company

City

(11)

Siyaram Silk Mills Limited

Ramlaks Exports Pvt. Ltd

Oracle Exports

Sellon Dynamics

Synthesis Home Textiles

Mumbai

Mumbai

Mumbai

Mumbai

Karur

Devtara Industries

Muradnagar

Summer India Textile Mills

Salem

Prathishta Weaving and Knitting

Coimbatore

(6)

(7)

(8)

(9)

Four companies requesting newcomer status did not
reply to the questionnaire intended to verify that they
met the conditions set out in Article 2 of Regulation
(EC) No 74/2004, and their requests had, therefore, to
be rejected.

One company returned the questionnaire twice, both
times incomplete and with contradictory information.
The third questionnaire sent to the company was not
returned and as such it was unable to prove that
it
complied with the criteria to be granted new exporting
producer status. That company's request was therefore
rejected.

The remaining 14 companies submitted complete replies
to the questionnaire and were therefore considered for
newcomer status.

The evidence provided by six of the above-mentioned
to
Indian exporters/producers is considered sufficient
grant them the duty rate applicable to the cooperating
companies not included in the sample (i.e. 7,6 %) and
consequently to add them to the list of exporters/pro-
ducers in the Annex (the Annex) to Regulation (EC) No
74/2004.

Seven companies failed to provide evidence that they had
exported the product concerned after the investigation
period to the EC or that they had irrevocable contractual
obligations
in
significant quantities to the EC.

the product

to export

concerned

(12) One company is related to one company already listed in
the original Regulation and its application for newcomer
status was therefore rejected as it
failed the second
criterion mentioned in Article 2 of the original Regu-
lation.

(13)

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.

(14) 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 producers
from India listed in the Annex to Regulation (EC) No 74/2004:

Company

City

Indian Arts and Crafts Syndicate

New Delhi

M/s. Opera Clothing

Anjani Synthetics Limited

Ramlaks Exports Pvt. Ltd

Mumbai

Ahmedabad

Mumbai

Oracle Exports Home Textiles Pvt. Ltd

Mumbai

Summer India Textile Mills (P) Ltd

Salem

(10)

The remaining eight companies had their applications for
new exporting producer status rejected for the following
reasons:

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, 11 December 2006.

For the Council
The President

E. TUOMIOJA