15.12.2000 Official Journal of the European Communities L 316/67 COUNCIL REGULATION (EC) No 2744/2000 of 14 December 2000 amending Regulation (EC) No 1950/97 imposing a definitive anti-dumping duty on imports of sacks and bags made of polyethylene or polypropylene originating, inter alia, in India 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 Commission after consulting the Advisory Committee, Whereas: () O] L 56, 6.3.1996, (EC) No 2238/2000 (O] L 257, 11.10.2000, p. 2). A. PREVIOUS PROCEDURE By Regulation (EC) No 1950/97 (3), the Council imposed a definitive anti-dumping duty of 36,0 % on imports of sacks and bags made of polyethylene or polypropylene (hereinafter ‘product concerned’) originating, inter alia, in India, with the exception of imports from several Indian companies specifically mentioned, which are -either subject to a lesser rate of duty or to no duty at all. This Regulation was subsequently amended by Regulation (EC) No 96/1999 (*). The product is currently classifiable under CN codes 6305 32 81, 6305 33 91, ex 39232100, ex 39232910 and ex 392329 90. B. CURRENT PROCEDURE The Commission subsequently received an application to initiate a ‘new exporter’ review of Regulation (EC) No 1950/97, pursuant to Article 11(4) of Regulation (EC) No 384/96 (the ‘basic Regulation’), from the Indian producer Subham Polymers Ltd (hereinafter referred to as ‘the company concerned). The company concerned claimed that it was not related to any of the exporting producers in India subject to the anti-dumping measures in force with regard to the product concerned. Further- more, it claimed that it had not exported the product concerned during the original period of investigation (1 April 1994 to 31 March 1995), but had exported the product concerned to the Community since then. The product covered by the current review is the same product as the one under consideration in Regulation (EC) No 1950/97. The Commission examined the evidence submitted by the Indian exporting producer concerned and considered it sufficient to justify the initiation of a review in accord- ance with the provisions of Article 11(4) of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned p-1. Regulation as last amended by Regulation () O] L 276, 9.10.1997, p. 1. () O] L 11, 16.1.1999, p. 1. (10) (11) had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 621/ 2000 (¥, a review of Regulation (EC) No 1950/97 with regard to the company concerned and commenced its investigation. By the Regulation initiating the review, the Commission also repealed the anti-dumping duty imposed by Regula- tion (EC) No 1950/97 with regard to imports of the product concerned produced and exported to the Community by the company concerned and directed customs authorities, pursuant to Article 14(5) of the basic Regulation, to take appropriate steps to register such imports. The Commission's services officially advised the company concerned 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. The Commission's services sent a questionnaire to the company concerned and received a reply within the deadline. The investigation of dumping covered the period from 1 January 1998 to 31 December 1999 (the ‘investigation period). The same methodology as that used in the original investigation was applied in the current investigation. C. SCOPE OF THE REVIEW As no request for a review of the findings on injury was made in this investigation, the review was limited to dumping. D. RESULTS OF THE INVESTIGATION 1. New exporter qualification The investigation confirmed that the company concerned had not exported the product concerned during the original period of investigation and that it had begun exporting to the Community after this period. Furthermore, according to documentary evidence submitted, the company was able to satisfactorily demonstrate that it did not have any links, direct or indirect, with any of the Indian exporting producers subject to the anti-dumping measures in force with regard to the product concerned. () O] L 75, 24.3.2000, p. 45.