8.6.2002 Official Journal of the European Communities L 150/17 COUNCIL REGULATION (EC) No 977/2002 of 4 June 2002 imposing a definitive countervailing duty on imports of certain ring-binder mechanisms (RBMs) originating in Indonesia and terminating the anti-subsidy proceeding in respect of imports of certain RBMs originating in India THE COUNCIL OF THE EUROPEAN UNION, 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 (') and in particular Article 15 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Present investigation (1)  On 18 May 2001, the Commission announced by a notice (hereinafter referred to as ‘notice of initiation’) published in the Official Journal of the European Communi- ties () the initiation of an anti-subsidy proceeding with regard to imports into the Community of certain ring binder mechanisms (hereinafter referred to as ‘RBM’) originating in India and Indonesia and commenced an investigation. The proceeding was initiated as a result of a complaint lodged on 3 April 2001 by the following Community producers: Koloman Handler AG (Koloman’), Austria, and Krause Ringbuchtechnik GmbH & Co. KG (Krause)), Germany, (the ‘complainants’), representing a major proportion, in this case about 90 %, of the Community production of RBMs. The complaint contained evidence of subsidisation of the said product, and of material injury resulting therefrom, which was considered suffi- cient to justify the initiation of a proceeding. The initiation of a parallel anti-dumping proceeding concerning imports of the same product originating in the same countries was announced by a notice published in the Official Journal of the European Communities (*), on the same date. Prior to the initiation of the proceeding and in accord- ance with Article 10(9) of Regulation (EC) No 2026/97 (hereinafter referred to as the ‘basic Regulation’), the Commission notified the Governments of India and Indonesia that it had received a properly documented 288, 21.10.1997, p. 1. o] L 0] C 147, 18.5.2001, p. 4. 0] C 147, 18.5.2001, p. 2. complaint alleging that subsidised imports of RBMs originating in India and Indonesia are causing material injury to the Community industry. Both Governments were invited for consultations with the aim of clarifying the situation as regards the contents of the complaint and arriving at a mutually agreed solution. Consultations with both Governments were held with the Commission in Brussels. Due note was taken of the comments made by these Governments in regard to the allegations contained in the complaint regarding subsidised imports and material injury being suffered by the Community industry, and a certain number of the alleged schemes were subsequently not included in the investigation. The Commission officially advised the Community producers, exporting producers, importers and users known to be concerned, the representatives of the exporting countries and the complainant of the initia- tion of the proceeding. The parties concerned had the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation. The Commission sent questionnaires to all parties known to be concerned and to all other companies which made themselves known within the deadlines set out in the notice of initiation. Replies were received from the Government of India, one Community producer, one exporting producer in India, as well as from its related exporter outside the Community and from two importers in the Community as well as from one user related to the importers. The Commission sought and verified all the information it deemed necessary for the purpose of a determination of subsidisation, injury, causation and Community interest. Verification visits were carried out at the prem- ises of the Government of India and the following companies: (a) Community producers — Koloman Handler AG, Austria (b) Exporting producers in India — ToCheungLee Stationery Mfg Co. Pvt. Ltd, Tiru- vallore (c) Related exporters outside the Community in Hong Kong — ToCheunglee  (BVI)  Limited/World Wide Stationery Mfg. Co. Ltd. (ultimate holding company)