L 159/14 Official Journal of the European Communities 25.6.1999 COUNCIL REGULATION (EC) No 1335/1999 of 21 June 1999 reimposing a definitive anti-dumping duty on imports of certain magnetic disks (3,5"” microdisks) originating in Indonesia and produced and sold for export to the Community by PT Betadiskindo Binatama 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 not members of the European Community (') and in particular Article 11(4) thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1) By Regulation (EC) No 1821/98 (}), the Council imposed a definitive anti-dumping duty of 41,1 % on imports of certain magnetic disks (3,5 micro- disks), used to record and store encoded digital computer information (hereinafter referred to as the ‘product concerned’), falling within CN code ex 852320 90 (Taric code 8523 20 90710) and origin- ating in Indonesia. B. PRESENT PROCEDURE (2)  The Commission subsequently received an applica- tion from the Indonesian producer PT Betadis- kindo Binatama (hereinafter referred to as ‘Betadis- kindo’ or ‘the company’) for a review of the meas- ures currently in force, namely a request to initiate a ‘new exporter review of Regulation (EC) No 1821/98, pursuant to Article 11(4) of Council Regu- lation (EC) No 384/96 (hereinafter referred to as ‘the Basic Regulation’). Betadiskindo claimed that it was not related to any of the exporters or producers in Indonesia subject to the anti-dumping measures in force with regard to the product concerned. Furthermore, the company claimed that it had not exported the product concerned to the Community during the original period of investigation (1 March 1994 to 28 February 1995) but that it had exported the product concerned to the Community subse- quently. () OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Regu- lation (EC) No 905/98 (O] L 128, 30.4.1998, p. 18). @) OJ L 236, 22.8.1998, p. 1. (3) The Commission examined the evidence submitted by the company, and considered it sufficient to justify the initiation of a review in accordance with Atrticle 11(4) of the Basic Regulation. After consul- tation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 2152/98 (), a review of Regulation (EC) No 1821/98 with regard to Betadiskindo and commenced its investigation. The Regulation initiating the review also repealed the anti-dumping duty imposed by Regulation (EC) No 1821/98 with regard to imports of the product concerned, produced and exported to the Community by Betadiskindo, and directed customs authorities, pursuant to Article 14(5) of the Basic Regulation, to take appropriate steps to register such imports. 4 The product covered by the review was the same 4) p y product as the one under consideration in Regula- tion (EC) No 1821/98. (5) The Commission officially advised Betadiskindo and the representatives of the exporting country. Furthermore, it gave other parties directly concerned the opportunity to make their views known in writing and to request a hearing. However, no such request was received by the Commission. On commencing the investigation, the Commis- sion sent a questionnaire to Betadiskindo. However, the reply to the questionnaire contained deficien- cies which the company was asked to rectify but failed to do so. Moreover, the Commission was unable to verify the information it deemed neces- sary for the purpose of the investigation because no verification visit could be arranged, despite the fact that the company had been informed of the tight time limits applicable to the investigation and of the possible consequence of non-cooperation. C. SCOPE OF REVIEW (6)  As no request for a review of the findings on injury was made, the review was limited to dumping. () OJ L 271, 8.10.1998, p. 9.