16.1.1999 Official Journal of the European Communities L11/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 96/1999 of 12 January 1999 amending Regulation (EC) No 1950/97 imposing a definitive anti-dumping duty on imports of sacks and bags made of polyethylene or polypropylene originating in India, Indonesia and Thailand and collecting definitively the provisional duty imposed 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 (') (hereinafter referred to as ‘the basic Regu- lation’), and in particular Article 11(4) thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1) By Regulation (EC) No 1950/97 (3, the Council imposed, inter alia, a definitive anti-dumping duty of 36,0 % on imports of sacks and bags made of polyethylene or polypropylene (hereinafter ‘product concerned’) originating in India, with the exception of imports from several Indian companies spe- cifically mentioned, which were either subject to a lesser rate of duty or to no duty at all. The product is currently classifiable within CN codes 6305 32 81, 63053391, ex 392321 00, ex 39232910 and ex 3923 29 90. B. CURRENT PROCEDURE (2) The Commission subsequently received applica- tions for a review of the measures currently in force, namely a request for the initiation of a ‘new exporter’ review of Regulation (EC) No 1950/97, pursuant to Article 11(4) of the basic Regulation, from the Indian producers Hyderabad Polymers Pvt. Ltd, Pithampur Poly Products Ltd, Sangam Cirfab Pvt. Ltd and Synthetic Fibres (Mysore) Pvt. Ltd (hereinafter referred to as ‘the companies concerned’). The companies concerned claimed (") OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98 (O] L 128, 30. 4. 1998, p. 18). @ OJ L 276, 9. 10. 1997, p. 1. that they were 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, they claimed that they had not exported the product concerned during the original period of investigation (1 April 1994 to 31 March 1995), but had exported the product concerned to the Community since then. (3) The Commission examined the evidence submitted by the Indian exporting producers concerned and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 11(4) 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 Regula- tion (EC) No 802/98 (*), a review of Regulation (EC) No 1950/97 with regard to the companies concerned and commenced its investigation. By Regulation (EC) No 802/98, the Commission also repealed the anti-dumping duty imposed by Regulation (EC) No 1950/97 with regard to imports of the product concerned produced and exported to the Community by the companies concerned and directed customs authorities, pursuant to Article 14(5) of the basic Regulation, to take appropriate steps to register such imports. (4)  The product covered by the current review is the same product as the one under consideration in Regulation (EC) No 1950/97. (5  The Commission officially advised the companies concerned and the representatives of the exporting country. Furthermore, it gave other parties directly concerned the opportunity to make their views known in writing and to request a hearing. However, no such request was received by the Commission. () OJ L 115, 17. 4. 1998, p. 3.