Council Regulation (EC) No 1421/1999 of 28 June 1999 amending Regulation (EC) No 2398/97 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan
1. 7. 1999 EN Official Journal of the European Communities L 166/29 COUNCIL REGULATION (EC) No 1421/1999 of 28 June 1999 amending Regulation (EC) No 2398/97 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan THE COUNCIL OF THE EUROPEAN UNION, 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 the European Community (1), not members of Having regard to Article 3 of Council Regulation (EC) No 2398/97 of 28 November 1997 imposing a definitive anti- dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan (2), Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, (3) Whereas: A. PREVIOUS PROCEDURE (1) within By Regulation (EC) No 2398/97 the Council imposed a definitive anti-dumping duty on imports into the Community of cotton-hype bed linen ex 6302 21 00, CN codes falling ex 6302 22 90, ex 6302 31 10, ex 6302 31 90 and ex 6302 32 90 originating inter alia in India. Sampling was applied to Indian exporting produ- cers and individual duty rates ranging from 2,6 % to 24,7 % were imposed on the companies in the sample, while other cooperating companies not included in the sample were attributed a weighted average duty rate of 11,6 %. A duty rate of 24,7 % was imposed on companies which either did not make themselves known or did not cooperate in the investigation. (2) Article 3 of Regulation (EC) No 2398/97 stipulates that where any exporting producer provides suffi- cient evidence that: ü it did not export to the Community the prod- ucts described in Article 1(1) of that Regulation during the investigation period (1 July 1995 to 30 June 1996), ü it is not related to any of the exporters or producers in the exporting country which are subject to the anti-dumping measures imposed by that Regulation, concerned after ü it has actually exported to the Community the products investigation period on which the measures are based, or it has entered into an irrevocable contractual ob- ligation to export a significant quantity to the Community, the then Article 1(3) of that Regulation can be amended by granting that exporting producer the duty rate applicable to cooperating producers which were not included in the sample, i. e. 11,6 %. B. NEW EXPORTING PRODUCERS’ REQUESTS Four new Indian exporting producers, after having to be treated differently from the applied not in- companies which cooperated in the original vestigation but were not included in the sample, have provided, on request, evidence showing that they meet the requirements set out in Article 3 of Regulation (EC) No 2398/97. The evidence provided by these applicant companies is consid- ered sufficient to allow that Regulation to be amended by adding these four new exporting producers to Annex I thereto. Annex I specifies the Indian exporting producers which are subject to the weighted average duty rate of 11,6 %, HAS ADOPTED THIS REGULATION: Article 1 The following companies shall be added to the list of exporting producers from India listed in Annex I to Regulation (EC) No 2398/97: ü Emm Libas Private Limited, New Delhi, ü Sarna Exports Limited, New Delhi, ü Stitchwell Garments, Ahmedabad, ü Utkarsh Exim Pvt. Ltd (India), Ahmedabad. Article 2 (1) OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by Regu- lation (EC) No 905/98 (OJ L 128, 30. 4. 1998, p. 18). (2) OJ L 332, 4. 12. 1997, p. 1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities. L 166/30 EN Official Journal of the European Communities 1. 7. 1999 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 28 June 1999. For the Council The President M. NAUMANN