L 266/10 Official Journal of the European Union 11.10.2005 COUNCIL REGULATION (EC) No 1646/2005 of 6 October 2005 amending Regulation (EC) No 2604/2000 imposing definitive anti-dumping duties on imports of certain polyethylene terephthalate (PET) originating, inter alia, in India THE COUNCIL OF THE EUROPEAN UNION, B. CURRENT PROCEDURE 1. Request for a review (3)  Subsequent to the imposition of definitive measures, the Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 38496 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (') (the basic Regulation), and in particular Article 11(4) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. MEASURES IN FORCE (1) The Council, by Regulation (EC) No 2604/2000 (?), imposed a definitive anti-dumping duty on imports of certain polyethylene terephthalate (PET) with a coefficient of viscosity of 78 mlfg or higher, according to DIN (Deutsche  Industrienorm) 53728  (the  product concerned) normally declared within CN  code 3907 60 20 originating, inter alia, in India. The measures take the form of a specific duty rate of EUR 181,7 per tonne with the exception of imports from several companies expressly mentioned which are subject to individual duty rates. () The Council, by Regulation (EC) No 2603/2000 (3, imposed at the same time a definitive countervailing duty of EUR 41,3 per tonne on imports into the Community of the same product originating in India, with the exception of imports from several companies expressly mentioned which are subject to individual duty rates. () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). (® OJ L 301, 30.11.2000, p. 21. Regulation as last amended by Regu- lation (EC) No 83/2005 (O] L 19, 21.1.2005, p. 1). () OJ L 301, 30.11.2000, p. 1. Regulation as amended by Regulation (EQ) No 822/2004 (O] L 127, 29.4.2004, p. 3). Commission received an application to initiate a ‘new exporter’ review of Regulation (EC) No 2604/2000, pursuant to Article 11(4) of the basic Regulation, from an Indian exporting producer, i.e. South Asian Petrochem Limited (the company). The company claimed that it was not related to any of the exporting producers in India subject to the anti-dumping measures in force with regard to the product concerned. Furthermore, it claimed that it had not exported the product concerned during the original period of investigation (1 October 1998 to 30 September 1999), but had exported the product concerned to the Community after that period. 2. Initiation of a ‘new exporter’ review (4)  The Commission examined the evidence submitted by the company and considered it sufficient to justify the initiation of a review in accordance with Article 11(4) of the basic Regulation. After the consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to com- ment, the Commission initiated, by Regulation (EC) No 33/2005 (%), a review of Regulation (EC) No 2604/2000 with regard to the company and commenced its investigation. (5)  Pursuant to Regulation (EC) No 33/2005, the anti- dumping duty imposed by Regulation (EC) No 2604/2000 was repealed with regard to imports of the product concerned produced and exported to the Community by the company. Simultaneously, customs authorities were directed, pursuant to Article 14(5) of the basic Regulation, to take appropriate steps to register such imports. (6) At the same time and on the same grounds, following a request from the company, the Commission initiated an accelerated review of Regulation (EC) No 2603/2000 pursuant to Article 20 of Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (). () OJ L 8, 12.1.2005, p. 9. () OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu- lation (EC) No 461/2004.