26.1.2006 Official Journal of the European Union L 22/5 COUNCIL REGULATION (EC) No 123/2006 of 23 January 2006 amending Regulation (EC) No 1338/2002 imposing a definitive countervailing duty on imports of sulphanilic acid originating in India and amending Regulation (EC) No 1339/2002 imposing a definitive anti-dumping duty on imports of sulphanilic acid 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 anti-dumping Regulation’), and in particular Articles 8 and 11(3) thereof, 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 (?) (‘the basic anti-subsidy Regulation’), and in particular Articles 13 and 19 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Previous investigations and existing measures (1)  In July 2002, the Council, by Regulation (EC) No 1338/2002 (°) imposed definitive countervailing duties on imports of sulphanilic acid originating in India. On the same day, the Council, by Regulation (EC) No 1339/2002 (%), imposed definitive anti-dumping duties on imports of sulphanilic acid originating in the People’s Republic of China and India (‘the measures’). (20 Within the framework of these proceedings, the Commission, by Decision 2002/611/EC (°) accepted a (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12). (®» OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu- lation (EC) No 461/2004. () OJ L 196, 25.7.2002, p. 1. Regulation as last amended by Regu- lation (EC) No 492/2004 (O] L 80, 18.3.2004, p. 6). () OJ L 196, 25.7.2002, p. 11. Regulation as last amended by Regu- lation (EC) No 492/2004. () O] L 196, 25.7.2002, p. 36. price undertaking offered by the Indian company, ie. Kokan Synthetics & Chemicals Pvt Ltd. (‘the company’). 3) In June 2003, the Commission initiated an anti- absorption reinvestigation pursuant to Article 12 of the basic anti-dumping Regulation, concerning imports of sulphanilic acid originating in the People’s Republic of China (PRC) (). (4 In December 2003, the company informed the Commission that it wished to withdraw its undertaking voluntarily. Accordingly, the Commission Decision accepting the undertaking was repealed by Decision 2004/255/EC (7). (5)  In February 2004, an anti-absorption investigation concerning imports of the sulphanilic acid originating in the PRC was concluded by Council Regulation (EC) No 236/2004 (%), which increased the rate of the defi- nitive anti-dumping duty for the PRC from 21 % to 33,7 % (‘the anti-absorption investigation). 2. Request for an interim review (6) In December 2004, after conclusion of the anti- absorption investigation, the company lodged a request for a partial interim review pursuant to Article 11(3) of the basic anti-dumping Regulation and Article 19 of the basic anti-subsidy Regulation respectively, limited in scope to the examination of the acceptability of the reinstatement of its undertaking. (7)  The company argued that its original wish to withdraw the undertaking followed from the fact that after impo- sition of measures in 2002, Chinese exporters absorbed the anti-dumping duties imposed, which resulted in a price depression and made the undertaking unworkable. The company also referred to the fact that as a result of the conclusion of the absorption review, the duty level on imports from the PRC was increased, which had allowed market prices to rise. Therefore, the company informed the Commission that it was prepared to offer its undertaking again under the former terms and conditions, which were considered appropriate to eliminate the relevant injurious effects of dumping and subsidisation. (6) O] C 149, 26.6.2003, p. 14. () O] L 80, 18.3.2004, p. 29. () O] L 40, 12.2.2004, p. 17.