L 68/6 Official Journal of the European Union 8.3.2006 COUNCIL REGULATION (EC) No 366/2006 of 27 February 2006 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 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 11(3) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: () 9] A. PROCEDURE 1. Existing measures and terminated investigations concerning the same product The Council, by Regulation (EC) No 2597/1999 (3, imposed a definitive countervailing duty on imports of polyethylene terephthalate (PET) film falling within CN codes ex 3920 62 19 and ex 3920 62 90 and originating in India (‘the definitive countervailing measures’). The mea- sures took the form of an ad valorem duty ranging between 3,8 % and 19,1 % imposed on imports from individually named exporters, with a residual duty rate of 19,1 % imposed on imports from all other companies. The Council, by Regulation (EC) No 1676/2001 (3, imposed definitive anti-dumping duties on imports of PET film originating, inter alia, in India (the definitive anti- dumping measures’). Sampling was applied to the Indian exporting producers, and individual duties ranging from 0% to 62,6 % were imposed on the companies in the sample, while other cooperating companies not included in the sample received a duty based on the weighted aver- age dumping margin of 57,7 % reduced by their individual L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (O] L 340, 23.12.2005, p. 17). (» OJ L 316, 10.12.1999, p. 1. Regulation as amended by Regulation (EC) No 19762004 (O] L 342, 18.11.2004, p. 8). (}) OJL227,23.8.2001, p. 1. Regulation as amended by Regulation (EC) No 1975/2004 (O] L 342, 18.11.2004, p. 1). 3 o — = =2 == export subsidy margin. A duty of 53,3 % was imposed on all other companies. The original investigation period was 1 April 1999 to 31 March 2000 (‘the original IP). On 22 August 2001, the Commission, by Decision 2001/645(EC (¥, accepted undertakings offered by five Indian producers: Ester Industries Limited (Ester), Flex Industries Limited (Flex), Garware Polyester Limited (Garware), MTZ Polyfilms Limited (MTZ), and Polyplex Corporation Limited (Polyplex). The Commission announced on 17 February 2005 the change of name of MTZ by a notice published in the Official Journal of the European Union (°). The Council, by Regulations (EC) Nos 1975/2004 and 19762004, extended the definitive countervailing and anti-dumping measures on imports of PET film originat- ing in India, to imports of the same product consigned from Brazil and Israel, whether declared as originating in Brazil or Israel or not. On 28 June 2002 (), the Commission initiated a partial interim review of Regulation (EC) No 25971999 limited to the form of the definitive countervailing measures and, in particular, to the examination of the acceptability of an undertaking offered by one Indian exporting producer, pursuant to Article 19 of the basic Regulation. This inves- tigation has been terminated by Regulation (EC) No 365/2006 (7). On 22 November 2003 (%), the Commission initiated a partial interim review of Regulation (EC) No 1676/2001 limited to the form of the definitive anti-dumping mea- sures. This investigation has been concluded by Regulation (EC) No 365/2006, which amended Regulation (EC) No 1676/2001. On 10 December 2004 (%), the Commission initiated an expiry review of the definitive countervailing measures. This investigation has been concluded by Council Regula- tion (EC) No 367/2006 (1°) which maintained the defini- tive countervailing measures. OJ L 227, 23.8.2001, p. 56. 0] C 40, 17.2.2005, p. 8. 0] C 154, 28.6.2002, p. 2. See page 1 of this Official Journal. 0] C 281, 22.11.2003, p. 4. 0OJ C 306, 10.12.2004, p. 2. ) See page 15 of this Official Journal.