21.2.2002 Official Journal of the European Communities L 50/13 COUNCIL REGULATION (EC) No 311/2002 of 18 February 2002 imposing a definitive anti-dumping duty on imports of certain magnetic disks (3,5” microdisks) originating in Hong Kong and the Republic of Korea THE COUNCIL OF THE EUROPEAN UNION, (3)  In December 1999 the product scope of the measures 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 (!), and in particular Article 11(2) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. GENERAL INFORMATION 1. Procedure Previous investigations (1)  In September 1994, by Regulation (EC) No 2199/94 (3), the Council imposed definitive anti-dumping measures on imports of certain magnetic disks (‘3,5” microdisks’) originating in Hong Kong and the Republic of Korea (Korea’). Proceedings concerning other countries (2)  Apart from measures on 3,5” microdisks originating in Hong Kong and Korea, it is recalled that definitive anti- dumping duties have also been imposed on imports of 3,5" microdisks originating in Japan, Taiwan and the People's Republic of China (}) and Indonesia (4). The measures on imports of 3,5” microdisks originating in Japan, Taiwan and the People's Republic of China are currently subject to an expiry review (%). (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (O] L 257, 11.10.2000, p. 2). () OJ L 236, 10.9.1994, p. 2. Regulation as last amended by Regula- tion (EC) No 25371999 (O] L 307, 2.12.1999, p. 1). (*) Regulation (EC) No 2861/93 (O] L 262, 21.10.1993, p. 4). Regula- tion as last amended by Regulation (EC) No 2537/1999. (*) Regulation (EC) No 1821/98 (O] L 236, 22.8.1998, p. 1). Regula- tion as last amended by Regulation (EC) No 2537/1999. () O] C 322, 21.10.1998; p. 4. was clarified. It was found that the microdisks based on optically continuous servo tracking technology or magnetic sector servo tracking technology with a storage capacity of 120 MB or more did not fall under the scope of any of the existing anti-dumping measures on 3,5" microdisks (9). Current investigation (4)  Following the publication of the notice of impending expiry of the anti-dumping measures applicable to imports of 3,5” microdisks originating in Hong Kong and Korea, the Commission received, in June 1999, a request to review these measures pursuant to Article 11(2) of Regulation (EC) No 384/96 (‘the basic Regula- tion’). The request was lodged by the Committee of European Diskette Manufacturers (‘Diskma’) on behalf of producers whose combined output constitutes a major proportion of the total Community production of 3,5” microdisks (the product concerned). The request was based on the grounds that the expiry of the measures would be likely to result in the continuation or recur- rence of dumping and injury to the Community industry. (5)  Having determined, after consulting the Advisory Commiittee, that sufficient evidence existed for the initia- tion of an expiry review, the Commission initiated an investigation (7) pursuant to Article 11(2) of the basic Regulation. Period of investigation (6)  The investigation of the likelihood of continuation and recurrence of dumping covered the period from 1 September 1998 to 31 August 1999 (IP’). The exam- ination of trends relevant for the assessment of the likelihood of continuation and recurrence of injury covered the period from 1995 up to the end of the investigation period (‘the analysis period). (®) Regulation (EC) No 2537/1999 (OJ L 307, 2.12.1999, p. 1). () 0] C 256, 9.9.1999, p. 3.