L 59/34 Official Journal of the European Union 27.2.2007 COUNCIL REGULATION (EC) No 193/2007 of 22 February 2007 imposing a definitive countervailing duty on imports of polyethylene terephthalate (PET) originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 2026/97 THE COUNCIL OF THE EUROPEAN UNION, (20 The amendments made to Regulation (EC) No 2604/2000 were the results of either review investi- gations initiated pursuant to Article 11(3) and (4) of Regulation (EC) No 384/96 or of price undertakings Having regard to the Treaty establishing the European being accepted under Article 8(1) thereof. Community, (3)  Moreover, by Regulation (EC) No 1467/2004 (5), the Having regard to Council Regulation (EC) No 2026/97 of 6 Council imposed ~ definitive ~ anti-dumping  duties on October 1997 on protection against subsidised imports from imports of certain PET originating in Australia and the countries not members of the European Community (') (the People’s Republic of China (PRC) and terminated the basic Regulation), and in particular Article 18 thereof, proceeding on imports of PET originating in Pakistan. Having regard to Council Regulation (EC) No 38496 of 22 (4)  On 11 October 2005, the Council amended the level of December 1995 on protection against dumped imports from countervailing measures in force against imports of PET countries not members of the European Community (%), and in from India (°). The amendments were a result of an accel- particular, Article 14(1) thereof, erated review initiated pursuant to Article 20 of the basic Regulation. Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, 2. REQUEST FOR A REVIEW (5)  Following the publication of a notice of impending expiry, the Commission, on 30 August 2005, received a request to review the measures in force pursuant to Whereas: Article 18 of the basic Regulation (expiry review). A. PROCEDURE (6)  The request was lodged on 30 August 2005 by the Polyethylene = Terephthalate Committee of  Plastics Europe (the applicant) on behalf of producers rep- 1) On 30 November 2000, by Regulation (EC) No resenting a major proportion, in this case more than 2603/2000 (%), the Council imposed definitive counter- 90 %, of total Community production of PET. vailing duties on imports of certain polyethylene terephthalate (PET) originating in India, Malaysia, and Thailand (the countries concerned) (the original investi- 1. MEASURES IN FORCE gation). The measures imposed had been based on a (7 The request for the expiry review was based on the countervailing measures investigation initiated pursuant grounds that the expiry of the measures would be to Article 10 of the basic Regulation. At the same likely to result in a continuation or recurrence of subsi- time, by Regulation (EC) No 26042000 (%), the disation and injury to the Community industry. Council imposed definitive anti-dumping duties on imports of the same product originating in the same countries. The measures imposed had been based on an anti-dumping investigation initiated pursuant to Article 5 ®) of Regulation (EC) No 384/96. Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the - initiation of the review, pursuant to Article 18 of the () OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu- basic Regulation respectively, the Commission initiated lation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). : ; (® OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation these reviews on 1 December 2005 () (EC) No 2117/2005 (O] L 340, 23.12.2005, p. 17). () OJ L 301, 30.11.2000, p. 1. () O] L 271, 19.8.2004, p. 1. (* OJ L 301, 30.11.2000, p. 21. Regulation as last amended by Regu- (®) OJ L 266, 11.10.2005, p. 1. lation (EC) No 1646/2005 (O] L 266, 11.10.2005, p. 10). () O] C 304, 1.12.2005, p. 4.