8.3.2006 Official Journal of the European Union L 68/15 COUNCIL REGULATION (EC) No 367/2006 of 27 February 2006 imposing a definitive countervailing duty on imports of polyethylene terephthalate (PET) film originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 2026/97 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 Octo- ber 1997 on protection against subsidised imports from countries not member of the European Community (') (hereinafter referred to as the basic Regulation), and in particular Article 18 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. EXISTING MEASURES AND TERMINATED INVESTIGATIONS CONCERNING THE SAME PRODUCT The Council, by Regulation (EC) No 2597/1999 (3, imposed a definitive countervailing duty on imports of polyethylene terephthalate (PET) film falling within CN codes ex 3920 62 19 and ex 3920 62 90 and originating in India (hereinafter referred to as the definitive counter- vailing measures). The measures took the form of an ad valorem duty ranging between 3,8 % and 19,1 % imposed on imports from individually named exporters, with a residual duty rate of 19,1 % imposed on imports from all other companies. The Council, by Regulation (EC) No 1676/2001 (3), imposed definitive anti-dumping duties on imports of PET film originating in India and the Republic of Korea. The measures took the form of an ad valorem duty ranging between 0 % and 62,6 % on imports of PET film originat- ing in India (hereinafter referred to as the definitive anti- dumping measures), with the exception of imports from five Indian companies (Ester Industries Limited (hereinaf- ter referred to as Ester), Flex Industries Limited (hereinafter referred to as Flex), Garware Polyester Limited (hereinafter referred to as Garware), MTZ Polyesters Limited (here- inafter referred to as MTZ), and Polyplex Corporation Limited (hereinafter referred to as Polyplex)) from whom undertakings had been accepted by Commission Decision 2001/645/EC (4). () OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regula- tion No 461/2004 (O] L 77, 13.3.2004, p. 12). () OJL316,10.12.1999, p. 1. () OJL227,23.8.2001, p. 1. (4 OJ L 227,23.8.2001, p. 56. ( —~ o~ — 3) ) %) It is noted that the company formerly known as MTZ Poly- esters Limited changed name. Its new name is MTZ Poly- films Limited. This change of name in no way affected the findings of Regulation (EC) No 2597/1999 and the right of the company to benefit from the individual duty rate applied to it under its previous name. The Commission announced on 17 February 2005 the change of name of MTZ by a notice published in the Official Journal of the Euro- pean Union (°). It is further noted that MTZ changed its address with effect from July 2005, with no other changes to either the company’s ownership, structure or opera- tions. The address of the company should therefore be amended. The Council, by Regulations (EC) No 1975/2004 (9) and (EC) No 19762004 (7), extended the definitive coun- tervailing and anti-dumping measures on imports of PET film originating in India, to imports of the same product consigned from Brazil and Israel, whether declared as origi- nating in Brazil or Israel or not. On 28 June 2002 (%), the Commission initiated a partial interim review limited to the form of the definitive coun- tervailing measures and, in particular to the examination of the acceptability of an undertaking offered by one Indian exporting producer, pursuant to Article 19 of the basic Regulation. This investigation has been terminated by Council Regulation (EC) No 365/2006 (°). On 22 November 2003 (19), the Commission initiated a partial interim review limited to the form of the definitive anti-dumping measures. This investigation has been con- cluded by Council Regulation (EC) No 365/2006. On 4 January 2005 (1), the Commission initiated a partial interim review limited to the level of the definitive anti- dumping measures. This investigation has been concluded by Council Regulation (EC) No 365/2006, which amended the level of the definitive anti-dumping measures. 0] C 40, 17.2.2005, p. 8. OJ L 342, 18.11.2004, p. 1. Regulation as last amended by Regulation (EC) No 101/2006 (O] L 17, 21.1.2006, p. 1). OJ L 342, 18.11.2004, p. 8. Regulation as amended by Regulation (EC) No 101/2006. 0J C 154, 28.6.2002, p. 2. See page 1 of this Official Journal. 10) O] C 281, 22.11.2003, p. 4. 1) O] C 1, 4.1.2005, p. 5.