28.11.2002 Official Journal of the European Communities L 323/21 COUNCIL REGULATION (EC) No 2094/2002 of 26 November 2002 imposing a definitive countervailing duty on imports of polyester textured filament yarn (PTY) originating in India and terminating the proceeding concerning imports of PTY originating in Indonesia 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 (), and in particular Articles 14 and 15 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES (1) By Commission Regulation (EC) No 1411/2002 (¥, (hereinafter referred to as ‘the provisional Regu- lation’), a provisional countervailing duty was imposed on imports into the Community of polyester textured filament yarn (hereinafter referred to as ‘PTY’) falling within CN code 5402 33 00 and origi- nating in India. The subsidies amount established for Indonesia was de minimis and, therefore no provisional countervailing duty was imposed for this country. (2)  Simultaneously, the Commission also imposed, by Regulation (EC) No 1412/2002 (*), a provisional anti-dumping duty on imports of PTY originating in India. (3) It is recalled that the investigation period of subsidisation and injury covered the period from 1 October 2000 to 30 September 2001 (IP). A clerical error was found in the provisional Regulation, and it is confirmed that, as showed in the various tables below, the examination of trends relevant for the injury analysis covered the period from 1 January 1996 (and not 1 October 1997 as stated in the provisional Regulation) to the end of the IP (period under consideration). The choice of such period was made in view of analysing the overall evolution of the economic situation of the Community industry considering the impact of the imposition of anti-dumping measures in 1996 against Indonesia, Malaysia, Taiwan and Thailand. B. SUBSEQUENT PROCEDURE (4)  Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional measures, several interested parties submitted comments in writing. In accordance with Article 11(5) of Regulation (EC) No 2026/97 (hereinafter referred to as the ‘basic Regulation’), all interested parties who requested a hearing were granted an opportunity to be heard by the Commission. (5)  The Commission continued to seek and verify all information deemed necessary for the definitive findings. (6)  All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive countervailing duty and the definitive collec- tion of amounts secured by way of the provisional duty. They were also granted a period within which they could make representations subsequent to this disclosure. OJ L 288, 21.10.1997, p. 1. Regulation as amended by Regulation (EC) No 1973/2002 (OJ L 305, 7.11.2002, p. 4). () OJ L 205, 2.8.2002, p. 26. OJ L 205, 2.8.2002, p. 50.