L 199/6 Official Journal of the European Communities 5.8.2000 COMMISSION REGULATION (EC) No 1741/2000 of 3 August 2000 imposing a provisional countervailing duty on imports of polyethylene terephthalate (PET) origin- ating in India, Malaysia, Taiwan and Thailand 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: () ) A. PROCEDURE In November 1999 the Commission announced by a notice (hereinafter referred to as a ‘notice of initiation’) published in the Official Journal of the Communities (?) the initiation of an anti-subsidy proceeding with regard to imports in to the Community of polyethylene terephtha- late (hereinafter referred to as ‘PET") originating in India, Indonesia, the Republic of Korea (hereinafter referred to as ‘Korea) Malaysia, Taiwan and Thailand, and commenced an investigation. The proceeding was initiated as a result of a complaint by the Association of Plastic Manufacturers in Europe on behalf of Community producers representing a major proportion of Community production of PET. 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. The complaint which was lodged also covered imports originating in Saudi Arabia. However, following the pre- initiation consultations with the government of Saudi Arabia, evidence was submitted that the volume of imports of PET from Saudi Arabia accounts for less than 4 % of total imports. In accordance with Article 14(4) of Regulation (EC) No 2026/97 (hereinafter referred to as the ‘Basic Regulation’), the Commission has excluded imports originating in Saudi Arabia from the scope of the present investigation. Prior to the initiation of the proceeding and in accord- ance with Article 10(9) of the Basic Regulation, the Commission notified to the Governments of India, Indo- nesia, Korea, Malaysia, Taiwan and Thailand that it had received a properly documented complaint alleging that subsidised imports of PET originating in India, Indo- nesia, Korea, Malaysia, Taiwan and Thailand are causing material injury to the Community industry. These Governments were invited for consultations with the OJ L 288, 21.10.1997, p. 1. OJ C 319, 6.11.1999, p. 2. aim of clarifying the situation as regards the contents of the complaint and arriving at a mutually agreed solu- tion. The Government of Korea accepted the offer of consultation which was held with the Commission on 24 October 1999. Due note was taken of the comments made in regard to the allegations contained in the complaint regarding subsidised imports and material injury being suffered by the Community industry. The Commission officially advised the Community producers, exporting producers, importers and users known to be concerned, the representatives of the exporting country and the complainant 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 Governments of India, Indonesia, Korea, Malaysia Taiwan and Thailand, a number of exporting producers as well as complainant Community producers, Community users and importers made their views known in writing. All parties so requested within the time limits set in the notice of initiation were granted a hearing. The Commission sent questionnaires to all parties known to be concerned and received replies from the Governments of India, Indonesia, Korea, Malaysia Taiwan and Thailand from nine complaining Community producers, twenty exporting producers in the countries concerned, as well as from their related importers in the Community. The Commission also received replies from three unrelated importers/traders in the Community as well as from nine users, five suppliers and five professional associations. The Commission sought and verified all the information it deemed necessary for the purpose of a preliminary determination of subsidisation and injury, and carried out, as appropriate, investigations at the premises of the following companies: (a) Community producers — Du Pont Polyesters Ltd (UK), — Eastman Chemicals BV (NL), — INCA International SpA (I). — Ttalpet Preforme SpA (D), — KOSA GmbH (D), — Shell Chemicals Ltd (UK), — Wellman PET Resins Europe (NL), — Aussapol SpA (D), — CEP (F);