9.10.98 Official Journal of the European Communities L 273/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2164/98 of 5 October 1998 imposing a definitive countervailing duty on imports of certain broad spectrum antibiotics originating in India 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 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (') (hereinafter referred to as ‘the Basic Regu- lation’), and in particular Article 15 thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PROCEDURE (1) By Commission Regulation (EC) No 1204/98 (3 (hereinafter referred to as ‘the Provisional Duty Regulation’), a provisional countervailing duty was imposed on imports into the Community of certain broad spectrum antibiotics originating in India, namely amoxicillin trihydrate, ampicillin trihydrate and cefalexin presented in bulk falling within CN codes ex 29411010, ex 29411020 and ex 2941 90 00. (2)  Subsequent to the imposition of the provisional countervailing duties, the Indian cooperating exporting producers Kopran Ltd, Orchid Chem- icals and Pharmaceuticals Ltd, Ranbaxy Labora- tories Ltd, and Vitara Chemicals Ltd (hereinafter referred to as ‘the Indian exporting producers’), the Government of India (hereinafter referred to as ‘GOY’) and the complainant Community producers (hereinafter referred to as ‘the Community indus- try’) submitted comments in writing. (3)  In accordance with the provisions of Article 11(5) of the Basic Regulation, all above parties requested and were granted hearings. The Indian exporting producers and the Community industry also presented their opposing views in a meeting organised by the Commission () OJ L 288, 21. 10. 1997, p. 1. OJ L 166, 11. 6. 1998, p. 17. ©) upon request of the Community industry in accordance with Article 11(6) of the Basic Regula- tion. Certain importers and traders, some of which did not make themselves known at an earlier stage, reacted further to the imposition of the provisional measures. The Commission continued to seek and verify all information it deemed necessary for the definitive findings. Parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of defin- itive countervailing duties and the definitive collec- tion of amounts secured by way of provisional duties. They were also granted a period within which to make representations subsequent to the disclosures. The oral and written comments submitted after the imposition of provisional measures and after the above disclosures were considered and, where deemed appropriate, taken into account in the definitive findings. B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT No comments or new facts were submitted by any interested party in relation to the provisional find- ings as regards the definition of the product under consideration and the like product as set out in recitals 8 to 10 of the Provisional Duty Regulation. The Commission, however, was informed of certain problems of interpretation in respect of the defini- tion of the term ‘presented in bulk’. It appeared that the antibiotics subject to the provisional duty are classified under CN heading 2941 because they are not put up in measured doses or in forms or packings for retail sale. Otherwise, they would be classified under CN heading 3004. It was therefore decided to replace this definition. This proceeding