23.8.2001 Official Journal of the European Communities L2271 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 16762001 of 13 August 2001 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of polyethylene terephthalate film originating in India and the Republic of Korea THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (!), (the ‘basic Regulation’) and in particular Article 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES (1)  The Commission, by Regulation (EC) No 367/2001 (3 (the ‘provisional Regulation’) imposed a provisional anti- dumping duty on imports of polyethylene terephthalate (PET) film falling within ex CN code 3920 62 19 and ex CN code 3920 62 90 and originating in India and the Republic of Korea (Korea)). (2) It is recalled that the investigation period of dumping and injury covered the period from 1 April 1999 to 31 March 2000 (IP’). The examination of trends relevant for the injury analysis covered the period from 1 January 1996 to 31 March 2000 (‘period under consideration’). B. SUBSEQUENT PROCEDURE (3)  Following the imposition of provisional measures on imports of PET film originating in India and Korea, several interested parties submitted comments in writing. The parties who so requested were also granted an opportunity to be heard orally. (4)  The Commission continued to seek and verify all infor- mation it deemed necessary for its definitive findings. (5)  Additional verification visits were carried out at the premises of the following users: (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (O] L 257, 11.10.2000, p. 2). () O L 55, 24.2.2001, p. 16. — Emtec Magnetics GmbH, Ludwigshafen, Germany — Rogers Induflex NV LEX NV, Gent, Belgium — Leonhard Kurz GmbH & Co., Fiirth, Germany — Eurofoil, Blaenavon, U.K. All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties and the definitive collection of amounts secured by way of provisional duties. They were also granted a period within which they could make representations subsequent to this disclosure. The oral and written comments submitted by the parties were considered, and, where appropriate, the provisional findings have been modified accordingly. C. PRODUCT CONCERNED AND LIKE PRODUCT 1. Product concerned (a) Arguments of the parties Some exporting producers re-iterated the argument that metallised PET film should be excluded from the product scope of the current proceeding on the grounds that metallised PET film cannot be considered alike to base PET film since it had different basic physical and tech- nical characteristics, required different production equip- ment and processes, being consequently more expensive to produce and thus sold at a higher price. These parties also argued that the use of metallised PET film is different from that of base PET film and is also classifi- able under CN codes other than CN codes ex 39206219 and 3920 62 90, namely within CN code 3921. (b) Findings of the investigation The investigation showed that the metallisation process consisting of the addition of metal, such as aluminium, by a vapour deposition process, does not alter the basic physical, technical and chemical characteristics of PET film. Moreover, base and metallised PET film are in many applications interchangeable and may have the same, or similar, uses. Therefore the provisional findings