Notice of initiation of a partial interim review of the antidumping measures applicable to imports of recordable compact disks originating in Taiwan and of a partial interim review of the countervailing measures applicable to imports of recordable compact disks originating in India
Date: 2007-03-22
Institutions: European Commission
Subjects: India, Taiwan, anti-dumping legislation, anti-dumping measure, countervailing charge, import, originating product, record

C 66/16

EN

Official Journal of the European Union

22.3.2007

Notice of initiation of a partial interim review of the antidumping measures applicable to imports
of recordable compact disks originating in Taiwan and of a partial interim review of the counter-
vailing measures applicable to imports of recordable compact disks originating in India

(2007/C 66/07)

The Commission has decided on its own initiative to initiate a
partial interim review of the antidumping measures applicable
to imports of recordable compact disks originating in Taiwan
pursuant to Article 11(3) of Council Regulation (EC) No 384/96
of 22 December 1995 on protection against dumped imports
from countries not members of the European Community (‘the
basic anti-dumping Regulation’) (1) and a partial interim review
of the countervailing measures applicable to imports of record-
able compact disks originating in India pursuant to Article 19
of Council Regulation (EC) No 2026/97 of 6 October 1997 on
protection against
from countries not
subsidized imports
members of the European Community (‘the basic anti-subsidy
Regulation’) (2).

4. Procedure

Having determined, after consulting the Advisory Committee,
that sufficient evidence exists to justify the initiation of partial
interim reviews, the Commission hereby initiates a review of the
anti-dumping measures applicable to imports of recordable
compact disks originating in Taiwan in accordance with Article
11(3) of the basic anti-dumping Regulation and a review of the
countervailing measures applicable to imports of recordable
compact disks originating in India in accordance with Article
19 of the basic anti-subsidy Regulation, both limited in scope to
the examination of the Community interest.

The reviews are limited to the examination of whether or not
the continued imposition of the measures is not against the
Community interest.

(a) Questionnaires

1. Product

The product under review is recordable compact disks (CD-Rs)
originating in Taiwan and India (‘the product concerned’),
currently classifiable within CN code ex 8523 40 11. This CN
code is given only for information.

In order to obtain the information it deems necessary for its
investigation, the Commission will send questionnaires to
the Community producers, to the importers, and to the
users. This information and supporting evidence should
reach the Commission within the time limit set in point 5
(a).

2. Existing measures

The measures currently in force are a definitive anti-dumping
duty imposed by Council Regulation (EC) No 1050/2002 (3) on
imports of recordable compact disks originating in Taiwan and
a definitive countervailing duty imposed by Council Regulation
(EC) No 960/2003 (4) on imports of recordable compact disks
originating in India.

3. Grounds for the review

anti-dumping

The information at the Commission's disposal
indicates that,
due to changes in the Community market since the investigation
periods used in the investigations that led to the imposition of
the existing measures, the continued imposition of the measures
may no longer be in the Community interest. In particular, the
Commission concluded in its
investigation
concerning imports of CD-Rs from the People's Republic of
China, Hong Kong and Malaysia, that it would not be in the
Community interest to impose measures on imports from those
countries (5). In these circumstances, it is appropriate to review
the need for the continued imposition of the existing measures,
with the decision thereon possibly having retroactive effect as of
4 November 2006, i.e. the date of publication of the Decision
terminating the anti-dumping investigation on imports of CD-
Rs from the People's Republic of China, Hong Kong and
Malaysia.

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regu-

lation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17.).

(2) OJ L 288, 21.10.97, p. 1, as last amended by Regulation (EC) No

461/2004 (OJ L 77, 13.3.2004, p. 12).

(3) OJ L 160, 18.6.2002, p. 2.
(4) OJ L 138, 5.6.2003, p. 1.
(5) See recital 116 of Commission Decision 2006/753/EC (OJ L 305,

4.11.2006, p. 15).

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
known, submit information other than questionnaire replies
and to provide supporting evidence. This information and
supporting evidence must reach the Commission within the
time limit set in point 5(a).

Furthermore, the Commission may hear interested parties,
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 point 5(b).

5. Time limits

(a) For parties to make themselves known, to submit questionnaire

replies and any other information

All interested parties, if their representations are to be taken
into account during the investigation, must make themselves
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 Journal of 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.

22.3.2007

EN

Official Journal of the European Union

C 66/17

(b) Hearings

7. Non-co-operation

interested parties may also apply to be heard by the

All
Commission within the same 40-day time limit.

6. Written submissions, questionnaire replies and cor-

respondence

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 numbers of the interested party. All written
submissions, including the information requested in this notice,
questionnaire replies and correspondence provided by interested
parties on a confidential basis shall be labelled as ‘Limited (1)’
and, in accordance with Article 19(2) of the basic anti-dumping
Regulation and Article 29(2) of the basic anti-subsidy Regu-
lation, shall be accompanied by a non-confidential version,
which will be labelled ‘FOR INSPECTION BY INTERESTED
PARTIES’.

Commission address for correspondence:
European Commission
Directorate General for Trade
Directorate B
Office: J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05

In cases in which any interested party refuses access to or 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 18 of the
basic anti-dumping Regulation and Article 28 of the basic anti-
subsidy 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,
in accordance with Article 18 of the
basic anti-dumping Regulation and Article 28 of the basic anti-
subsidy Regulation of the facts available. If an interested party
does not cooperate or cooperates only partially, and use of facts
available is made, the result may be less favourable to that party
than if it had cooperated.

8. Schedule of the investigation

The investigation will be concluded, according to Article 11(5)
of the basic anti-dumping Regulation and Article 22 of the
basic anti-subsidy Regulation, within 15 months of the date of
the publication of this notice in the Official Journal of the Euro-
pean Union.

(1) This means that the document is for internal use only. It is protected
pursuant to Article 4 of Regulation (EC) No 1049/2001 of the Euro-
pean Parliament and of the Council of 30 May 2001 regarding public
access to European Parliament, Council and Commission documents
(OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to
Article 19 of the basic anti-dumping Regulation and Article 6 of the
WTO Agreement on Implementation of Article VI of the GATT 1994
(Anti-dumping Agreement) or pursuant to Article 29 of the basic anti-
subsidy Regulation and Article 12 of they WTO Agreement on Subsi-
dies and Countervailing Measures.