16.9.2010 Official Journal of the European Union L 243/37 COMMISSION REGULATION (EU) No 811/2010 of 15 September 2010 making imports of wireless wide area networking (WWAN) modems originating in the People’s Republic of China subject to registration in application of Article 24(5) of Council Regulation (EC) No 597/2009 on protection against subsidised imports from countries not members of the European Community THE EUROPEAN COMMISSION, Commission with evidence of specific subsidy Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (') (the ‘basic Regulation’) and in particular Articles 16(4) and 24(5) thereof, After consulting the Advisory Committee, Whereas: 1 ©) The Commission has received a request, pursuant to Article 24(5) of the basic Regulation, to make imports of wireless wide area networking (WWAN) modems orig- inating in the People’s Republic of China subject to regis- tration. A. PRODUCT CONCERNED The product concerned by this registration is wireless wide area networking (WWAN) modems with a radio antenna and providing Internet Protocol (IP) data connec- tivity for computing devices and including Wi-Fi routers comprising a WWAN modem (WWAN/Wi-Fi routers), originating in the People’s Republic of China (‘the product concerned), currently falling within CN codes ex 8471 80 00 and ex 8517 62 00. B. REQUEST Having received a complaint from Option NV (here- inafter ‘the applicant), the Commission determined that there is sufficient evidence to justify initiation of a proceeding and therefore, pursuant to Article 10 of the basic Regulation, announced by a notice published in the Official Journal of the European Union (the ‘Notice of Initiation’) the initiation of an anti-subsidy proceeding concerning imports of wireless wide area networking (WWAN) modems originating in the People’s Republic of China. Concerning standing to lodge a complaint, the applicant is the sole producer of the product concerned in the European Union, representing 100 % of the total Union production. As regards the existence of alleged countervailable subsi- disation, the complainant has provided the European () OJ L 188, 18.7.2009, p. 93. programmes regarding preferential loans, income tax preferential rates, benefits from establishment in free trade zones, indirect tax and import tariff programmes, grant programmes, preferential rate for government provision of goods and services and preferential policies at the level of local government. The applicant also requests that imports of the product concerned are made subject to registration pursuant to Article 24(5) of the basic Regulation so that measures may subsequently be applied against those imports from the date of such registration. C. GROUNDS FOR THE REGISTRATION According to Article 12(1) of the basic Regulation, provi- sional measures may not be imposed earlier than 60 days from initiation. However, according to Article 16(4) of the basic Regulation, a definitive countervailing duty may be levied on products which were entered for consumption not more than 90 days prior to the date of application of provisional measures, provided that the conditions set out in that paragraph are fulfilled, and imports have been registered in accordance with Article 24(5). According to Article 24(5) of the basic Regulation, the Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Union industry which contains sufficient evidence to justify such action. The request contains sufficient evidence to justify regis- tration. The alleged subsidies consist, inter alia, of income tax programmes (e.g. income tax exemptions or reductions under the two freefthree half programme, income tax reductions for high or new technology industries, income tax credits for domestically owned companies purchasing domestically produced equipment), indirect tax and import tariff programmes (e.g. value-added tax (VAT) and tariff exemptions on imported equipment), preferential lending schemes (e.g. policy loans including export financing from State-owned commercial banks and government policy banks), grant programmes (e.g. the Development Fund for the Electronics and Information Industry (IT Fund), the state key tech- nologies renovation project fund, famous brands