L 355/4 Official Journal of the European Union 15.12.2006 COUNCIL REGULATION (EC) No 1840/2006 of 11 December 2006 amending Regulation (EC) No 74/2004 imposing a definitive countervailing duty on imports of cotton-type bedlinen originating in India 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 (') (the basic Regulation), Having regard to Article 2 of Council Regulation (EC) No 74/2004 of 13 January 2004 imposing a definitive counter- vailing duty on imports of cotton-type bedlinen originating in India (?) (the original Regulation), Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1) By Regulation (EC) No 74/2004, the Council imposed a definitive countervailing duty on imports into the Community of cotton-type bedlinen falling within CN codes ex 63022100 (TARIC codes 6302 21 00 81, 6302 21 00 89), ex 6302 22 90 (TARIC code 6302 22 90 19), ex 6302 31 00 (TARIC code 6302 310090) and ex 63023290 (TARIC code 6302 32 90 19), originating in India. Given the large number of cooperating exporting producers of the product concerned in India, a sample was selected in accordance with Article 27 of the basic Regulation and individual duty rates ranging from 4,4 % to 10,4 % were imposed on the companies included in the sample, while other cooperating companies not included in the sample were attributed a duty rate of 7,6 %. A residual duty rate of 10,4 % was imposed on all other companies. (2)  Article 2 of Regulation (EC) No 74/2004 stipulates that where any new exporting producer in India provides sufficient evidence to the Commission that it did not export to the Community the products described in Article 1(1) during the investigation period (1 October 2001 to 30 September 2002) (the first criterion), that it is not related to any of the exporters or producers in () OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu- lation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). () OJ L 12, 17.1.2004, p. 1. Regulation as last amended by Regulation (EC) No 1222006 (O] L 22, 26.1.2006, p. 3). ) ) India which are subject to the anti-subsidy measures imposed by that Regulation (the second criterion) and that it has actually exported to the Community the products concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community (the third criterion), then Article 1(3) of that Regulation can be amended by granting the new exporting producer the duty rate applicable to the cooperating companies not included in the sample, ie. 7,6 %. The original Regulation has been amended twice by amending Regulations, namely Council Regulation (EC) No 2143/2004 (*), and Council Regulation (EC) No 122/2006 (*. Both Regulations have added to the list of Indian exporting producers in the Annex to the Regu- lation the names of companies exporting the product concerned originating in India who satisfied the Commis- sion’s services that they met the criteria set out in the original Regulation. B. NEW EXPORTERS/PRODUCERS’ REQUESTS Nineteen Indian companies applied to be granted the same status of the companies cooperating in the original investigation not included in the sample (newcomer status) since the publication of the previous amending Regulation. The 19 applicants were: Applicant Company City B.K.S. Textiles Private Limited Coimbatore Indian Arts & Crafts Syndicate (IACS) New Delhi Mittal International Panipat Esskay International Mumbai Opera Clothing Mumbai Govindji Trikamdas & Co. Mumbai Navnitlal Private Limited Mumbai Tulip Exim Mumbai Aarthi — A1 — Traders Karur Anjani Synthetics Limited Ahmedabad Home Concepts New Delhi 370, 17.12.2004, p. 1. oL 0] L 22, 26.1.2006, p. 3.