Regulation 2008/1353 - Amendment of Regulation (EC) No 74/2004 imposing a definitive countervailing duty on imports of cotton-type bedlinen from India - Main contents
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official title
Council Regulation (EC) No 1353/2008 of 18 December 2008 amending Regulation (EC) No 74/2004 imposing a definitive countervailing duty on imports of cotton-type bedlinen originating in IndiaLegal instrument | Regulation |
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Number legal act | Regulation 2008/1353 |
Original proposal | COM(2008)792 ![]() |
CELEX number i | 32008R1353 |
Document | 18-12-2008 |
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Publication in Official Journal | 30-12-2008; Special edition in Croatian: Chapter 11 Volume 062,OJ L 350, 30.12.2008 |
Effect | 30-12-2008; Entry into force See Art 3 |
End of validity | 18-01-2009; See 32004R0074 |
30.12.2008 |
EN |
Official Journal of the European Union |
L 350/1 |
COUNCIL REGULATION (EC) No 1353/2008
of 18 December 2008
amending Regulation (EC) No 74/2004 imposing a definitive countervailing duty on imports of cotton-type bedlinen 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 (1) (the ‘basic Regulation’), and in particular Articles 15 and 19 thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
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1.PROCEDURE
1.1. Previous investigation and measures in force
(1) |
The Council, by Regulation (EC) No 74/2004 (2), imposed a definitive countervailing duty on imports of cotton-type bedlinen falling within CN codes ex 6302 21 00, ex 6302 22 90, ex 6302 31 00 and ex 6302 32 90 and originating in India. The rate of the duty ranges between 4,4 % and 10,4 % for individual sampled companies, with an average cooperating company rate of 7,6 % and a residual duty of 10,4 %. |
1.2. Ex officio initiation of the partial interim review
(2) |
Following the imposition of the definitive countervailing duty the Government of India (GOI) made submissions that the circumstances with regard to two subsidy schemes (the Duty Entitlement Passbook Scheme and the Income Tax Exemption under Section 80 HHC of the Income Tax Act) had changed and that these changes were of a lasting nature. They argued that the level of subsidisation was therefore likely to have decreased and thus measures that had been established partly on these schemes should be revised. |
(3) |
The Commission examined the evidence submitted by the GOI and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 19 of the basic Regulation. After consultation of the Advisory Committee, the Commission initiated an ex officio partial interim review of the measures in force by a notice published in the Official Journal of the European Union (3). |
(4) |
The purpose of this partial interim review investigation is to assess the need for the continuation, removal or amendment of the existing measures in respect of those companies which benefited from one or both the allegedly changed subsidy schemes where sufficient evidence was provided in line with the relevant requirements of the notice of initiation. Depending on its findings, the investigation will also assess the need to revise the measures applicable to other companies that cooperated in the original investigation and/or the residual measure applicable for all other companies. |
1.3. Review investigation period
(5) |
The investigation covered the period from 1 October 2006 to 30 September 2007 (‘the review investigation period’ or ‘RIP’). |
1.4. Parties concerned by the investigation
(6) |
The Commission officially informed the Government of India (GOI) of the initiation of the partial interim review investigation, along with those Indian exporting producers who cooperated in the previous investigation and that were found to benefit from one or both of the two allegedly changed subsidy schemes and who were listed in the notice of initiation of the partial interim review, as well as the representatives of the Community industry. Interested parties had the opportunity to make their views known in writing and to request a hearing. The written and oral comments submitted by the parties were considered and, where appropriate, taken into account. |
(7) |
In view of the apparent number of parties involved in this review, the use of sampling for the investigation of subsidisation was... |
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