CELEX: 51998PC0460
Language: en
Date: 1998-07-16
Title: Proposal for a Council Regulation (EC) imposing a definitive anti-dumping duty on imports of certain magnetic disks (3,5" microdisks) originating in Indonesia and collecting definitively the provisional duty imposed

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    Brussels, 16.07.1998
                                                    COM(l998)460 final
                                     Proposal for a
                           COUNCIL REGULATION (EC)
    imposing a definitive anti-dumping duty on imports of certain magnetic disks
(3,5" microdisks) originating in Indonesia and collecting definitively the provisional
                                      duty imposed
                            (presented by the Commission)
 ---pagebreak---  ---pagebreak---                        EXPLANATORY MEMORANDUM
On 6 April 1995, the Commission initiated an anti-dumping proceeding concerning
imports of certain magnetic disks (3.5" microdisks) originating in Canada, Indonesia,
Macao and Thailand. The proceeding was terminated for Canada, Macao and Thailand
by Commission Decision 98/175/EC of 3 March 1998. On the same date, provisional
duties were imposed on imports of the product from Indonesia by Commission
Regulation (EC) No 502/98.
Definitive anti-dumping duties are already in force on imports of the product
concerned originating in Japan, Taiwan, China, Hong Kong, Korea, Malaysia, Mexico
and the United States.
The Commission now proposes, in accordance with Article 9(4) of Regulation (EC)
No 384/96, that the Council impose definitive anti-dumping duties on imports of the
abovementioned product originating in Indonesia, and that the amounts secured by
way of provisional duties be definitively collected.
                                       h
 ---pagebreak---                             COUNCIL REGULATION (EC) No
                                            of
   imposing a definitive anti-dumping duty on imports of certain magnetic disks
(3,5" microdisks) originating in Indonesia and collecting definitively the provisional
                                      duty imposed
THE COUNCIL OF THE EUROPEAN UNION,
Having 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
Community^), as last amended by Regulation (EC) No 905/98(2), and in particular
Article 9(4) thereof,
Having regard to the proposal submitted by the Commission after consulting the
Advisory Committee,
Whereas:
 1
   OJL 56, 6.3.1996, p. 1.
 2
   OJL 128, 30.4.1998, p. 18.
                                            J
 ---pagebreak---                              A. PROVISIONAL MEASURES
(1) The Commission, by Regulation (EC) No 502/98 of 3 March 1998(3) (hereinafter
     referred to as the provisional duty Regulation), imposed a provisional anti-dumping
     duty on imports into the Community of certain magnetic disks (3,5" microdisks)
     originating in Indonesia and falling within CN code ex 8523 20 90.
                             B. SUBSEQUENT PROCEDURE
(2) No representations were received following publication of the provisional measures.
(3)   The parties were informed of the essential facts and considerations on the basis of
      which it was intended to recommend the imposition of definitive duties and the
      collection of amounts secured by way of the provisional duty. They were also
      granted a reasonable period within which to make representations subsequent to
      this disclosure.
              C. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT
(4) As no additional comments have been presented under these headings, the findings
     set out in recitals 9 to 12 of the provisional duty Regulation are confirmed.
                                        D. DUMPING
(5) Following final disclosure, the Indonesian authorities claimed that the exports of the
     product concerned were not of Indonesian origin and that the proceeding should
     therefore be terminated without adopting protective measures. However, no
     evidence was adduced to this effect.
 3
   OJL 63, 4.3.1998, p. 4.
                                                      4
 ---pagebreak---     In this connection, the following should be noted. The investigation showed that the
    Indonesian exports in question had been accompanied by preferential certificates of
    origin issued by the Indonesian authorities who took no steps to withdraw them
    subsequently. Furthermore, up to final disclosure, neither the exporting producer nor
    the Indonesian authorities raised this point. Both in the anti-circumvention
    investigation concerning this product, which was terminated in July 1996, and
    during the course of the verification visit carried out in the current investigation, it
    was established that the Indonesian exporter was a genuine producer of the product
    concerned. No evidence was found contradicting this finding. In the light of the
    above, the request made by the Indonesian authorities could not, therefore, be
     granted.
(6)   No other arguments in respect of the findings on dumping were presented. The
      considerations and conclusions set out in recitals 14 to 19 of the provisional duty
      Regulation are therefore confirmed.
                   E. COMMUNITY INDUSTRY, INJURY, CAUSATION,
                   COMMUNITY INTEREST, DEFINITIVE DUTY
(7) As no further arguments have been presented in any of these contexts, the findings
     set out in recitals 20 to 58 of the provisional duty Regulation are confirmed.
                    F. COLLECTION OF PROVISIONAL DUTIES
(8) In view of the magnitude of the dumping margin established, the injury caused to
     the Community industry, and the latter's precarious financial situation, it is
     considered necessary that the amounts secured by way of the provisional anti-
     dumping duties should be definitively collected at the level of the definitive duties.
                                                      b
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                          Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of 3,5" microdisks used
to record and store encoded digital computer information, falling within CN code ex
8523 20 90 (TARIC additional code 8523 20 90 10), and originating in Indonesia.
2. The rate of duty applicable to the net free-at-Community-frontier price before duty
shall be 41,1%.
3. Unless otherwise specified, the provisions in force concerning customs duties shall
apply.
                                           Article 2
The amounts secured by way of the provisional anti-dumping duty pursuant to
Regulation (EC) No 502/98 shall be definitively collected at the duty rate definitively
 imposed.
                                           Article 3
 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
                                                               The President
                                                     (*
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 460 final
                                              DOCUMENTS
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                                                             ISBN 92-78-38364-3
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