17.10.2008 Official Journal of the European Union L 276/3 COUNCIL REGULATION (EC) No 1010/2008 of 13 October 2008 imposing a definitive countervailing duty on imports of sulphanilic acid originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 2026/97 and a partial interim review pursuant to Article 19 of Regulation (EC) No 202697 and amending Regulation (EC) No 1000/2008 imposing a definitive anti-dumping duty on imports of sulphanilic acid originating in the People’s Republic of China and India following an expiry review pursuant to Article 11(2) of Regulation (EC) No 384/96 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 (') (the basic Regulation), and in particular Articles 15, 18 and 19 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: 1. PROCEDURE 1.1. Previous investigations and existing measures (1) In July 2002, by Regulation (EC) No 1338/2002 (%), the Council imposed a definitive countervailing duty (the existing measures) of 7,1 % on imports of sulphanilic acid falling within CN code ex 29214210 (TARIC code 29214210 60) originating in India. The measures imposed had been based on the findings of an antisubsidy proceeding initiated pursuant to Article 10 of the basic Regulation (the original investi- gation). (2) At the same time, by Regulation (EC) No 1339/2002 (%), the Council imposed a definitive anti-dumping duty of 18,3 % on imports of the same product originating in India. (3)  Within the framework of the above-mentioned counter- vailing and anti-dumping proceedings, the Commission, () O] L 288, 21.10.1997, p. 1. () O] L 196, 25.7.2002, p. 1. () O] L 196, 25.7.2002, p. 11. by Decision 2002/611/EC (¥ accepted a price under- taking offered by the Indian exporting producer, Kokan Synthetics and Chemicals Pvt. Ltd (Kokan). (49 In December 2003, Kokan informed the Commission that it wished to withdraw its undertaking voluntarily. Accordingly, the Commission Decision accepting the undertaking was repealed by Decision 2004/255/EC (%). (5)  In April 2005, following a request lodged by Kokan, the Commission initiated (°) a partial interim review pursuant to Article 19 of the basic Regulation and Article 11(3) of Regulation (EC) No 384/96 () (the basic anti-dumping Regulation) respectively, limited in scope to the examina- tion of the acceptability of an undertaking to be offered by the company. (6)  Following an investigation, in December 2005, by Decision 2006/37/EC (¥), the Commission accepted an undertaking offered by Kokan in connection with the anti-dumping and countervailing proceedings concerning imports of sulphanilic acid originating in India. (7)  In January 2006, as a result of the investigation referred to above in recital 6, by Council Regulation (EC) No 123/2006 (%), Regulation (EC) No 1338/2002 imposing a definitive countervailing duty on imports of sulphanilic acid originating in India and Regulation (EC) No 1339/2002 imposing a definitive anti-dumping duty on imports of sulphanilic acid originating, inter alia, in India, were amended to take into account the acceptance of the said undertaking. (8)  Following a review in accordance with the provisions of Article 11(2) of Regulation (EC) No 384/96, the Council, by Regulation (EC) No 1000/2008 ('%), imposed an anti- dumping duty on imports of sulphanilic acid originating in the People’s Republic of China and India. 196, 25.7.2002, p. 36. 80, 18.3.2004, p. 29. 101, 27.4.2005, p. 34. 56, 6.3.1996, p. 1. 22, 26.1.2006, p. 52. 22, 26.1.2006, p. 5. 275, 16.10.2008, p. 1. ’_‘AAQ/-\/-\/-\ LLreeee e A