11.6.98 Official Journal of the European Communities L 166/17 COMMISSION REGULATION (EC) No 1204/98 of 9 June 1998 imposing a provisional countervailing duty on imports of certain broad spectrum antibiotics originating in India 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 subsidized imports from countries not members of the European Community (') and in particular Article 12 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Initiation (1), On 12 September 1997, the Commission announced by a notice published in the Official Journal of the European Communities(?) the initiation of an anti-subsidy proceeding with regard to imports into the Community of certain broad spectrum antibiotics (amoxicillin trihydrate, ampi- cillin trihydrate and cefalexin) originating in India, and commenced an investigation. (20  The proceeding was initiated as a result of a complaint lodged in July 1997 by six Community producers, i.e. Antibioticos SA, Spain, Antibioticos SpA, Italy, Biochemie GmbH, Austria, Biochemie SA, Spain, Biochemie SpA, Italy, and ACS Dobfar SpA, Italy, whose collective output of the said product represented a major proportion of Community production of these broad spectrum antibiotics. The complaint contained evidence of subsidisation of the said product, and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. 2. Investigation (3  The Commission officially advised the exporting producers and importers known to be concerned, the representatives of the exporting country and the complainants of the initiation of the proceeding and gave the parties concerned the opportunity to make their views known in writing and to request a hearing within the time limits set in the notice of initiation. () OJ L 288, 21. 10. 1997, p. 1. O] C 277, 12. 9. 1997, p. 2. ) The Government of India and the exporting produ- cers made their views known in writing and requested hearings, which were granted. The Commission sent questionnaires to all parties known to be concerned and received replies from the complainant Community producers, the Government of India, nine Indian exporting producers and one related and one unrelated importer in the Community. The Commission sought and verified all the infor- mation it deemed necessary for the purpose of a provisional determination of subsidisation and injury, and carried out verification visits at the premises of the following interested parties: (a) Complainant Community producers: — Antibiotics SA, Madrid (Spain) which also replied to the Commission’s questionnaire on behalf of Antibioticos SpA (Italy), — Biochemie GmbH, Kundl (Austria), which also replied to the Commission’s question- naire on behalf of Biochemie SA (Spain) and Biochemie SpA (Italy), — ACS Dobfar SpA, Tribiano (Italy). (b) Government of India: — Ministry of Commerce, New Delhi, — Undersecretariat for Customs, New Delhi, — Ministry of Finance, New Delhi. (c) Producing exporters in India: — Ranbaxy Laboratories Ltd, New Delhi, — Vitara Chemicals Ltd, Mumbai, — Kopran Ltd, Mumbeai, — Lupin Laboratories Ltd, Mumbeai, — Gujarat Lyka Organics Ltd, Mumbali, — Torrent Pharmaceuticals Ltd, Ahmedabad, — Biochem Synergy Ltd, Indore, — Orchid Chemicals & Pharmaceuticals Ltd, Chennai, — Harshita Ltd, New Delhi. (d) Related importer in the Community: — Ranbaxy (Netherlands) BV, Netherlands (a related importer of Ranbaxy Laboratories Ltd).