L 220/6 Official Journal of the European Union 15.8.2008 COUNCIL REGULATION (EC) No 813/2008 of 11 August 2008 amending Regulation (EC) No 74/2004 imposing a definitive countervailing duty on imports of cotton-type bedlinen 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 ('), Having regard to Article 2 of Council Regulation (EC) No 74/2004 of 13 January 2004 imposing a definitive counter- vailing duty on imports of cotton-type bed linen originating in India (3), Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1) By Regulation (EC) No 74/2004 (the original Regulation), the Council imposed a definitive countervailing duty on imports into the Community of cotton-type bedlinen falling within CN codes ex 6302 21 00 (TARIC codes 6302 21 00 81, 6302 21 00 89), ex 6302 22 90 (TARIC code 63022290 19), ex 63023100 (TARIC code 6302 3100 90) and ex 6302 32 90 (TARIC code 6302 32 90 19), originating in India. Given the large number of cooperating exporting producers of the product concerned in India, a sample of Indian exporting producers was selected in accordance with Article 27 of Regulation (EC) No 2026/97 (the basic Regulation) and individual duty rates ranging from 44% to 10,4% were imposed on the companies included in the sample, while other cooperating companies not included in the sample were attributed a duty rate of 7,6 %. A residual duty rate of 10,4 % was imposed on all other companies. (2)  Atticle 2 of the original Regulation stipulates that where any new exporting producer in India provides sufficient () OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu- lation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). () OJ L 12, 17.1.2004, p. 1. Regulation as last amended by Regulation (EC) No 1840/2006 (OJ L 355, 15.12.2006, p. 4). () ) evidence to the Commission that it did not export to the Community the products described in Article 1(1) of that Regulation during the investigation period (1 October 2001 to 30 September 2002) (the first criterion), that it is not related to any of the exporters or producers in India which are subject to the anti-subsidy measures imposed by that Regulation (the second criterion) and that it has actually exported to the Community the products concerned after the investigation period on which the measures are based, or that it has entered into an irrevocable contractual obligation to export a significant quantity of the product concerned to the Community (the third criterion), then Article 1(3) of that Regulation may be amended by granting the new exporting producers the duty rate applicable to the coop- erating companies not included in the sample, ie. 7,6 %. The original Regulation has been amended three times, by Council Regulation (EC) No 2143/2004 (%), Council Regulation (EC) No 122/2006 (%) and Council Regulation (EC) No 1840/2006. All three Regulations have added to the Annex the names of companies exporting the product concerned, which met the criteria set out in the original Regulation. B. NEW EXPORTER/PRODUCER REQUESTS Twenty Indian companies applied to be granted the same status as the companies cooperating in the original inves- tigation not included in the sample (newcomer status) since the publication of the previous amending Regu- lation. The 20 applicants were: Applicant company City K.K.P. Textiles Limited Tamil Nadu Kashmiri Lal Tarun Khanna PVT Ltd | Amritsar Premier Polyweaves Private Limited | Coimbatore Home Fashions International Kerala YJ. Enterprises Mumbai KaLaM Designs Ahmedabad Himatsingka Linens Bangalore S.K.T. Textile Mills Coimbatore 370, 17.12.2004, p. 1. oJL 0] L 22, 26.1.2006, p. 3.