24.4.2003 Official Journal of the European Union L 102/7 COMMISSION REGULATION (EC) No 708/2003 of 23 April 2003 imposing a provisional countervailing duty on imports of certain electronic microcircuits known as DRAMs (dynamic random access memories) originating in the Republic of Korea THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, 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 ('), as amended by Regulation (EC) No 1973/2002 (3, and in parti- cular Article 12 thereof, After consulting the Advisory Committee, Whereas: ( ( ( ) 9) ) ) ) 0 A. PROCEDURE In July 2002, the Commission announced, by notice published in the Official Journal of the European Commu- nities (%), the initiation of an anti-subsidy proceeding with regard to imports into the Community of certain elec- tronic microcircuits known as DRAMs (dynamic random access memories) originating in the Republic of Korea (Korea) and commenced an investigation. The proceeding was initiated as a result of a complaint lodged in June 2002 by Infineon Technologies AG (the complainant) representing a major proportion of the total Community production of DRAMs. The complaint contained evidence of subsidisation of the product concerned and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Complaint was supported by Micron Europe Ltd, the only other Community producer of DRAM. The Commission officially advised the Government of Korea (GOK), the complainant, the other Community producer, the exporting producers, the importers and users known to be concerned of the initiation of the proceeding. Interested parties were given the opportu- nity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. The Government of Korea, the exporting producers, the complainant, as well as the other Community producer, importers and users, made their views known in writing. All parties who so requested within the above time limit and indicated that there were particular reasons why they should be heard were granted a hearing. L 288, 21.10.1997, p. 1. L 305, 7.11.2002, p. 4. C177,25.7.2002, p. 2. () The Commission sent questionnaires to all parties known to be concerned and received replies from the GOK and a number of Korean banks as well as from a number of companies in the Community. The Commission sought and verified all the information it deemed necessary for the purpose of a preliminary determination of subsidy, injury and Community interest. In this regard, the Commission carried out veri- fication visits at the premises of the GOK in Seoul and the following companies: (a) Exporting producers in Korea — Hynix Semiconductor Inc., Seoul, Korea, — Samsung Electronics Co. Ltd, Seoul, Korea; (b) Banks in Korea — Korea Development Bank (KDB), Seoul Korea, — Korea Exchange Bank (KEB), Seoul, Korea, — Chohung Bank, Seoul, Korea, — Woori Bank (WB), Seoul, Korea; Other institutions in Korea ,-\ O - — Financial Supervisory Service (ESS), Seoul, Korea, — Financial Supervisory Commission (FSC), Seoul, Korea, — Korea Export Insurance Corporation Seoul, Korea, (KEIC), — Korea Deposit Insurance Corporation (KDIC), Seoul, Korea; (d) Producers in the Community — Infineon Technologies AG, Munich, Germany, — Micron Europe Ltd, East Kilbride, United Kingdom; ,-\ o - Importers in the Community related to Korean exporting producers — Hynix Semiconductor UK Limited, Weybridge, United Kingdom, — Hynix Semiconductor Deutschland GmbH, Raun- heim, Germany. The investigation of subsidisation covered the period from 1 January 2001 to 31 December 2001 (investiga- tion period or IP). The examination of trends relevant for the assessment of injury covered the period from 1 January 1998 to the end of the investigation period (period considered).