11.10.2005 Official Journal of the European Union L 266/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1645/2005 of 6 October 2005 amending Regulation (EC) No 2603/2000 imposing a definitive countervailing duty on imports of certain polyethylene terephthalate 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 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (!) (the basic Regulation), and in particular Article 20 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE The Council, by Regulation (EC) No 2603/2000 (3), imposed a definitive countervailing duty on imports of certain polyethylene terephthalate (PET) with a coefficient of viscosity of 78 mlfg or higher, according to DIN (Deutsche Industrienorm) 53728, normally declared within CN code 3907 60 20 and originating, inter alia, in India (the product concerned). The measures took the form of a specific duty ranging between EUR 0 and 41,3 per tonne for cooperating individual Indian exporters, with a specific duty of EUR 41,3 per tonne for all other Indian exporters. B. CURRENT PROCEDURE 1. REQUEST FOR REVIEW Following the imposition of definitive measures, the Commission received a request for the initiation of an accelerated review of Regulation (EC) No 2603/2000 pursuant to Article 20 of the basic Regulation from an Indian producer of the product concerned, South Asian Petrochem Limited (the applicant). The applicant claimed not to be related to any other exporter of the product concerned. Furthermore, it asserted that it had not exported the product concerned during the original investigation period (1 October 1998 to 30 September (") 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 301, 30.11.2000, p. 1. Regulation as amended by Regulation (EC) No 822/2004 (O] L 127, 29.4.2004, p. 3). 1999), but had exported the product concerned to the Community subsequently. 2. INITIATION OF AN ACCELERATED REVIEW The Commission examined the evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 20 of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated by a notice in the Official Journal of the European Union (}) an accelerated review of Regulation (EC) No 2603/2000 with regard to the applicant. 3. PRODUCT CONCERNED The product covered by this review is the same product as the one under consideration in Regulation (EC) No 2603/2000 (see recital 1). 4. INVESTIGATION PERIOD The investigation of subsidisation covered the period from 1 October 2003 to 30 September 2004 (the review investigation period). 5. PARTIES CONCERNED The Commission officially advised the applicant and the Government of India (the GOI) of the initiation of the investigation. Furthermore, it gave other interested parties the opportunity to make their views known in writing and to request a hearing. However, no such views or any request for a hearing were received by the Commission. The Commission sent a questionnaire to the applicant and received a full reply within the set deadline. The Commission sought and verified all information it deemed necessary for the purpose of the investigation and carried out verification visits at the premises of the applicant in Calcutta and in Haldia. () O] C 8, 12.1.2005, p. 2.