Council Regulation (EC) No 160/2002 of 28 January 2002 amending Council Regulation (EC) No 2398/97 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan, and terminating the proceeding with regard to imports originating in Pakistan

• Published date: 30 January 2002
• Subject Matter: Dumping,Commercial policy
• Official Gazette Publication: Official Journal of the European Communities, L 26, 30 January 2002

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32002R0160

Council Regulation (EC) No 160/2002 of 28 January 2002 amending Council Regulation (EC) No 2398/97 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan, and terminating the proceeding with regard to imports originating in Pakistan

Official Journal L 026 , 30/01/2002 P. 0001 - 0004

Council Regulation (EC) No 160/2002

of 28 January 2002

amending Council Regulation (EC) No 2398/97 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan, and terminating the proceeding with regard to imports originating in Pakistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to Council Regulation (EC) No 1515/2001 of 23 July 2001 on the measures that may be taken by the Community following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters(1),

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(2) ("the basic Regulation"),

Having regard to the proposal made by the Commission after consultation of the Advisory Committee,

Whereas:

A. EXISTING MEASURES

(1) The Council, by Regulation (EC) No 2398/97(3), imposed a definitive anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan ("the definitive Regulation"). The definitive Regulation was preceded by Commission Regulation (EC) No 1069/97 of 12 June 1997 imposing a provisional anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan(4) ("the provisional Regulation").

B. REPORTS ADOPTED BY THE DISPUTE SETTLEMENT BODY OF THE WTO

(2) On 12 March 2001, the Dispute Settlement Body of the World Trade Organisation ("WTO") adopted an Appellate Body report and a panel report as modified by the Appellate Body report on the case "European Communities - anti-dumping duties on imports of cotton-type bed linen from India" (the reports).

C. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT

(3) The product under consideration is certain bed linen of cotton fibres, pure or mixed with man-made fibres or flax (flax not being the dominant fibre), bleached, dyed or printed originating in India, Pakistan and Egypt, falling within CN codes ex 6302 21 00 (TARIC codes 6302 21 00*81, 6302 21 00*89 ), ex 6302 22 90 (TARIC code 6302 22 90*19 ), ex 6302 31 10 (TARIC code 6302 31 10*90, ex 6302 31 90 (TARIC code 6302 31 90*90, ex 6302 32 90 (TARIC code 6302 32 90*19 ). The Reports do not affect the findings set out in the definitive Regulation concerning the product under consideration and the like product.

D. RECONSIDERATION OF FINDINGS

1. Preliminary remark

(4) Following the adoption of the aforementioned reports, the Council, by Regulation (EC) No 1644/2001, considered it appropriate to amend and suspend the definitive anti-dumping duty on imports of bed linen originating in India.

(5) It is now considered appropriate to take into account certain legal interpretations contained in the reports with regard to the measures concerning imports of bed linen originating in Egypt and Pakistan, and to...