CELEX: 51998PC0402
Language: en
Date: 1998-06-30
Title: Proposal for a Council Regulation (EC) amending Regulation (EC) No 2398/97 imposing a definitive anti- dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 Brussels, 30.06.1998
                                                 COM(1998) 402 final
                                  Proposal for a
                        COUNCIL REGULATION (EC)
amending Regulation (EC) No 2398/97 imposing a definitive anti-dumping duty on
    imports of cotton-type bed linen originating in Egypt, India and Pakistan
                         (presented by the Commission)
 ---pagebreak---  ---pagebreak---                       Explanatory memorandum
1. By Regulation (EC) No 2398/97 the Council imposed a definitive anti-
   dumping duty on imports of cotton-type bed linen originating in Egypt,
   India and Pakistan. The investigation, which led to the imposition of the
   above-mentioned duty, used sampling in accordance with Article 17 of
   Regulation (EC) No 384/96 on protection against dumped imports from
   countries not members of the European Community hereinafter referred to
   as the basic Regulation.
2. Article 11(4) of the basic Regulation provides that when sampling has been
   used in the investigation a new exporter's review cannot be initiated.
   However, in order to ensure equal treatment between any genuine new
   exporting producer and the co-operating companies not included in the
   sample used in the above-mentioned investigation, Article 3 of Regulation
   (EC) No 2398/97 established that where any new exporting producer
   provides sufficient evidence to the Commission that it fulfils three basic
   requirements, i.e. no exports during the investigation period, no relations
   with exporting producers subject to the measures and actual exports or
   contractual obligations to export after the investigation period, then the
   Council may grant to these new exporting producers the weighted average
    duty applicable to the co-operating companies not included in the sample.
    This would be done with an amendment of Article 1(3) of Regulation (EC)
    No 2398/97 by adding the new exporting producers to the list in Annex I to
    that Regulation.
 ---pagebreak--- 3.  The Commission received from India several requests for new exporting
   producer's treatment. The examination of these requests together with the
   additional evidence provided, where necessary, by the applicant companies
   showed that seven of them fulfilled all the relevant requirements.
4. The Commission accordingly proposes that the Council adopt the attached
   proposal for a Regulation which amends Article 1(3) of Regulation (EC)
   No 2398/97 by adding these seven new exporting producers to the list in
   Annex I to that Regulation.
 ---pagebreak---                                      Proposal for a
                       COUNCIL REGULATION (EC) No              /
                                          of....
  amending Regulation (EC) No 2398/97 imposing a definitive anti-dumping duty on
       imports of cotton-type bed linen originating in Egypt, India and Pakistan
THE COUNCIL OF THE EUROPEAN UNION,
I laving regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports from countries not members of the European
Community1, as amended by Regulation (EC) No 2331/96 of 2 December 19962 and
Regulation (EC) No 905/98 of 27 April 19983,
Having regard to Article 3 of Council Regulation (EC) No 2398/97 of 28 November
1997 imposing a definitive anti-dumping duty on imports of cotton-type bed linen
originating in Egypt, India and Pakistan4,
Having regard to the proposal submitted by the Commission after consulting the
Advisory Committee,
Whereas:
 1
       OJ No L 56, 6.3.1996, p. 1.
2
       OJ No L 317, 6.12.1996, p. I.
3
       OJ No L 128, 30.4.98, p. 18.
4
       OJ No L 332, 4.12.97, p. 1.
 ---pagebreak---                         A. PREVIOUS PROCEDURE
(1) By Regulation (EC) No 2398/97 the Council imposed a definitive anti-
    dumping duty on imports into the Community of cotton-type bed linen
    falling within CN codes ex 6302 21 00, ex 6302 22 90, ex 6302 31 10, ex
    6302 31 90 and ex 6302 32 90 originating inter alia in India. Sampling was
    applied to Indian exporting producers and individual duty rates ranging from
    2,6% to 24,7% were imposed on the companies in the sample, while other
    co-operating companies not included in the sample were attributed a
    weighted average duty rate of 11,6%. A duty rate of 24,7% was imposed on
    companies which either did not make themselves known or did not co-
    operate in the investigation.
(2) Article 3 of Regulation (EC) No 2398/97 stipulates that where any exporting
    producer provides sufficient evidence that:
    •    it did not export to the Community the products described in Article 1(1)
         of that Regulation during the investigation period (1 July 1995 to 30 June
         1996),
    •    it is not related to any of the exporters or producers in the exporting
         country which are subject to the anti-dumping measures imposed by that
         Regulation,
 ---pagebreak---       •   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,
    then that Regulation can be amended by granting that exporting producer the
    duty rate applicable to co-operating producers which were not included in the
    sample, i.e. 11,6%.
             B. NEW EXPORTING PRODUCERS' REQUESTS
(3)   Seven new Indian exporting producers, after having applied not to be treated
      differently   from the companies which co-operated in the original
      investigation but were not included in the sample, have provided, on request,
      evidence showing that they meet the requirements set out in Article 3 of
      Regulation (EC) No 2398/97. The evidence provided by these applicant
      companies is considered sufficient to allow Regulation (EC) No 2398/97 to
      be amended by adding these seven new exporting producers to Annex I of
      that Regulation. Annex I specifies the Indian exporting producers which are
      subject to the weighted average duty rate of 11,6%,
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                         Article I
Article 1 of Regulation (EC) No 2398/97 is hereby amended as follows:
To the list of exporting producers in Annex I mentioned in Article 1(3) of that
Regulation, the following companies shall be added:
                                          INDIA
          - Aditya International, Mumbai (Bombay)
          - Chevron Garments (P) Limited, Coimbatore
          - Euro Pacific Textiles, Mumbai (Bombay)
          - Lai it & Co., Mumbai (Bombay)
          - Radiant Exports, New Delhi
          - Redial Exim Pvl. Ltd., Mumbai (Bombay)
          - Shades Of India Pvt. Ltd., New Delhi.
                                        Article 2
This Regulation shall enter into force on the day following its publication in the
Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                For the Council
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 402 final
                                             DOCUMENTS
EN                                                            02  11 06    08
                                    Catalogue number : CB-CO-98-413-EN-C
                                                             ISBN 92-78-37470-9
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