19.12.2008 Official Journal of the European Union L 340/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 1286/2008 of 16 December 2008 amending Regulation (EC) No 193/2007, imposing a definitive countervailing duty on imports of certain polyethylene terephthalate, originating in India and amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate, originating in, inter alia, 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 (') (the basic Regulation), and in particular Articles 15 and 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 (1)  On 30 November 2000, by Regulation (EC) No 2603/2000 (3, the Council imposed definitive counter- vailing duties on imports of certain polyethylene terephthalate (PET) originating in, inter alia, India (the country concerned) (the original investigation). (2)  Following an expiry review, the Council, by Regulation (EC) No 193/2007 (%), imposed a definitive counter- vailing duty on imports of certain polyethylene terephthalate, originating in India (the anti-subsidy Regu- () O] L 288, 21.10.1997, p. 1. () 0] L 301, 30.11.2000, p. 1. () OJ L 59, 27.2.2007, p. 34. lation) for a further period of five years. The product concerned falls within the CN code 3907 60 20. The rate of the fixed duty ranges between 0 and 106,5 EUR/tonne for individually named exporters with a residual duty rate of 41,3 EUR[tonne imposed on imports from other exporters. (3)  Furthermore, by Regulation (EC) 192/2007 (¥, the Council imposed a definitive anti-dumping duty on the same product originating in India (the anti-dumping Regulation). Under this Regulation the rate of the fixed duty ranges between 88,9 and 200,9 EUR/tonne for individually named exporters with a residual duty rate of 181,7 EURJtonne imposed on imports from other eXpOrters. (4 In line with the principle that no product shall be subject to both anti-dumping and countervailing duties for the purpose of dealing with one and the same situation arising from dumping or from export subsidisation, the level of anti-dumping duties in the anti-dumping Regu- lation takes into account the amount of countervailing duty imposed by the anti-subsidy Regulation, in accordance with Article 14(1) of the basic Regulation. II. INITIATION OF A PARTIAL INTERIM REVIEW (5)  Following the imposition of the definitive countervailing duty the Government of India (GOI) submitted that the circumstances with regard to two subsidy schemes (the Duty Entitlement Passbook Scheme and the Income Tax Exemption under Section 80 HHC of the Income Tax Act) have changed and that these changes are of a lasting nature. Consequently, it was argued that the level of subsidisation was likely to have decreased and thus measures that had been established partly on these schemes should be revised. (% OJ L 59, 27.2.2007, p. 1.