31.8.2006 Official Journal of the European Union L 236/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1288/2006 of 25 August 2006 amending Regulation (EC) No 367/2006 imposing a definitive countervailing duty on imports of polyethylene terephthalate (PET) film originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 2026/97 and amending Regulation (EC) No 1676/2001 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating, inter alia, in India THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2026/1997 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (!) (the basic Regulation) and, in particular, Article 19 thereof, 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 (3 and, in particular, Article 14(1) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE L. Previous investigation and existing measures (1) The Council, by Regulation (EC) No 2597/1999 (}), imposed a definitive countervailing duty on imports of polyethylene terephthalate (PET) film (the product concerned) falling within CN codes ex 3920 62 19 and ex 3920 62 90, originating in India. The investigation which led to the adoption of that Regulation is here- inafter referred as to the ‘original investigation. The measures took the form of an ad valorem duty, ranging between 3,8 % and 19,1 % imposed on imports from () OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12). (®» OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (O] L 340, 23.12.2005, p. 17). () O L 316, 10.12.1999, p. 1. B 0 © 0 0 0 L L L individually named exporters, with a residual duty rate of 19,1 % imposed on imports of the product concerned from all other companies. The countervailing duty imposed on PET film manufactured and exported by Garware Polyester Limited (Garware or the company) was 3,8 %. The original investigation period was 1 October 1997 to 30 September 1998. The Council, by Regulation (EC) No 367/2006 (*), main- tained the definitive countervailing duty imposed by Regulation (EC) No 2597/1999 on imports of PET film originating in India, following an expiry review pursuant to Article 18 of the basic Regulation. The Council, by Regulation (EC), No 366/2006 (°), amended Regulation (EC) No 1676/2001 (%) following a partial interim review of the level of anti-dumping duty in force against five Indian producers and imposed an anti-dumping duty ranging from 0 % to 18 %. The anti- dumping duty imposed on imports of PET film from Garware was 17,4 %. It is noted that the anti-dumping duty rate for Garware was adjusted to take into account the level of subsidisation countervailed by Regulation (EC) No 367/2006 (see also recital 71 below). II. Request for a partial interim review A request for a partial interim review of Council Regu- lation (EC) No 25971999, limited to the level of countervailing duty imposed on Garware was lodged by the following Community producers: DuPont Teijin Films, Mitsubishi Polyester Film GmbH, Nuroll SpA and Toray Plastics Europe (the applicants). The applicants represent a major proportion of the Community production of PET film. 68, 8.3.2006, p. 15. 68, 8.3.2006, p. 6. 227, 23.8.2001, p. 1.