L75/18 Official Journal of the European Communities 24.3.2000 COMMISSION REGULATION (EC) No 618/2000 of 22 March 2000 imposing a provisional countervailing duty on imports of stainless steel fasteners originating in Malaysia and the Philippines THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 (!), and in particular Article 12 thereof, After consulting, the Advisory Committee, Whereas: () ) 0] 0] A. PROCEDURE In June 1999 the Commission announced by a notice (hereinafter referred to as ‘notice of initiation’) published in the Official Journal of the European Communities () the initiation of an anti-subsidy proceeding with regard to imports into the Community of stainless steel fasteners (hereinafter referred to as ‘SSF) originating in Malaysia, Singapore, Thailand and the Philippines and commenced an investigation. The proceeding was initiated as a result of a complaint lodged by the European Industrial Fasteners Institute (EIF]) on behalf of Community producers representing a major proportion of Community production of SSF. The complaint contained evidence of subsidisation of the said product, and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. Prior to the initiation of the proceeding and in accord- ance with Article 10(9) of Regulation (EC) No 2026/97 (hereinafter referred to as the ‘basic Regulation’), the Commission notified to the Governments of Malaysia, Singapore, Thailand and the Philippines that it had received a properly documented complaint alleging that subsidised imports of SSF originating in Malaysia, Singa- pore, Thailand and the Philippines are causing material injury to the Community industry. These Governments were invited for consultations with the aim of clarifying the situation as regards the contents of the complaint and arriving at a mutually agreed solution. The Govern- ments of Malaysia and the Philippines accepted the offers of consultation which were held with the Commission on 5 June 1999 with the Government of Malaysia and on 7 June 1999 with the Government of the Philippines. Due note was taken of the comments made in regard to the allegations contained in the L 288, 21.10.1997, p. 1. C 181, 26.6.1999, p. 29. complaint regarding subsidised imports and material injury being suffered by the Community industry. The Commission officially advised the Community producers, exporting producers, importers, raw material suppliers, users known to be concerned and the repre- sentatives of the exporting countries of the initiation of the proceeding. The parties concerned had the oppor- tunity to make their views known in writing and to request a hearing. The Commission sent questionnaires to all parties known to be concerned and received replies from the Governments of Malaysia, Singapore, Thailand and the Philippines, from the complaining Community produ- cers, from seven raw material suppliers and from two exporting producers in Malaysia. one in Singapore, four in Thailand and two in the Philippines. The Commission sought and verified all the information it deemed necessary for the purpose of a preliminary determination and carried Out investigations at the premises of the following companies and government institutions: (a) Complaining Community producers — Bulnava srl, Milano (taly) — Inox Viti snc di Cattinori Enrico & Bruno, Grumello Del Monte (Italy) — Tevi (Trafilerie e Viterie Italiane srl), Ponte Dell'Olio (Italy) — Torbesa (Tornilleria del Besos, SA), Barcelona (Spain) — Ugivis SA, Belley (France) (b) Government of Malaysia (GOM) — Bank Negara Malaysia, Kuala Lumpur — Customs and Excise Department, Kuala Lumpur — Inland Revenue Board, Kuala Lumpur — Local Customs Offices, Ipoh and Penang — Malaysia External Trade Development Corpora- tion, Kuala Lumpur — Malaysian Industrial Development Authority, Kuala Lumpur — Ministry of International Trade and Industry, Kuala Lumpur — Ministry of Taxation, Kuala Lumpur — o ~ Exporting producers in Malaysia — Tigges Stainless Steel Fasteners Sdn. Bhd., Ipoh — Tong Heer Fasteners Co. Sdn. Bhd., Penang