29.9.2007 Official Journal of the European Union L 2551 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 1124/2007 of 28 September 2007 amending Regulation (EC) No 367/2006 imposing a definitive countervailing duty on imports of polyethylene terephthalate (PET) film 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 (') (basic Regulation) and in particular Article 19 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE I. Previous investigation and existing measures The Council, by Regulation (EC) No 2597/1999 (3), imposed a definitive countervailing duty on imports of polyethylene terephthalate (PET) film falling within CN codes ex 3920 62 19 and ex 3920 62 90, originating in India (the product concerned). The investigation which led to the adoption of that Regulation is hereinafter referred to as the ‘original investigation’. The measures took the form of an ad valorem duty, ranging between 3,8 % and 19,1 % imposed on imports from individually named exporters, with a residual duty rate of 19,1 % imposed on imports of the product concerned from all other companies. The countervailing duty imposed on imports of PET film manufactured and exported by Jindal Poly Films Limited, formerly known as Jindal Polyester Ltd (°), (Jindal or the company) was 7 %. The (") OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu- original investigation period was 1 October 1997 to 30 September 1998. The Council, by Regulation (EC) No 367/2006 (%), following an expiry review pursuant to Article 18 of the basic Regulation, maintained the definitive counter- vailing duty imposed by Regulation (EC) No 2597/1999 on imports of PET film originating in India. The review investigation period was 1 October 2003 to 30 September 2004. The Council, by Regulation (EC) No 1288/2006, following an interim review concerning the subsidisation of another Indian PET film producer, Garware Polyester Limited (Garware), amended the definitive countervailing duty imposed on Garware by Regulation (EC) No 367/2006. II. Ex officio initiation of a partial interim review Prima facie evidence was available to the Commission indicating that Jindal benefited from increased levels of subsidisation, compared to the original investigation, and that the changes to such levels were of a lasting nature. III. Investigation As a result, the Commission decided, after consulting the Advisory Committee, to initiate ex officio a partial interim review in accordance with Article 19 of the basic Regulation, limited to the level of subsidisation to Jindal, in order to assess the need for the continuation, removal or amendment of the existing countervailing measures. On 2 August 2006 the Commission announced, by a notice of initiation published in the Official Journal of the European Union (°), the initiation of this review. ( OJ L 68, 8.3.2006, p. 15. Regulation as amended by Regulation (EC) No 1288/2006 (O] L 236, 31.8.2006, p. 1). () OJ C 180, 2.8.2006, p. 90. lation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). () O] L 316, 10.12.1999, p. 1. () O] C 297, 2.12.2004, p. 2.