20.1.2011 Official Journal of the European Union L 15/1 II (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 38/2011 of 18 January 2011 amending Regulation (EC) No 1292/2007 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating in India THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (') (the basic Regulation), and in particular Article 9(4) and Article 11(3), (5) and (6) thereof, Having regard to the proposal submitted by the European Commission (Commission) after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Previous investigations and existing anti-dumping measures In August 2001, by Regulation (EC) No 1676/2001 (%), the Council imposed a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film orig- inating, inter alia, in India. The measures consisted of an ad valorem anti-dumping duty ranging between 0 % and 62,6 % imposed on imports from individually named exporting producers, with a residual duty rate of 53,3 % on imports from all other companies. In March 2006, by Regulation (EC) No 366/2006 (%), the Council amended the measures imposed by Regulation (EC) No 1676/2001. The anti-dumping duty imposed ranged between 0 % and 18 %, taking into account the findings of the expiry review of the definitive counter- vailing duties (Council Regulation (EC) No 367/2006 (*). 343, 22.12.2009, p. 51. 227, 23.8.2001, p. 1. 68, 8.3.2006, p. 6. 68, 8.3.2006, p. 15. (3) ( ( ( ( 5 6 7 8 In August 2006, by Regulation (EC) No 1288/2006 (°), the Council, following an interim review concerning the subsidisation of an Indian PET film producer, Garware Polyester Limited, amended the definitive anti-dumping duty imposed on that company by Regulation (EC) No 1676/2001. In September 2006, by Regulation (EC) No 1424/2006 (%), the Council, following a new exporting producer request, amended Regulation (EC) No 1676/2001 in respect of one Indian exporter. The amended Regulation established a dumping margin of 15,5 % and a anti-dumping duty rate of 3,5 % for the company concerned taking into account the company’s export subsidy margin as ascertained in the anti-subsidy investigation which led to the adoption of Regulation (EC) No 367/2006. Since the company did not have an individual countervailing duty, the rate established for all other companies was applied. In November 2007, by Regulation (EC) No 1292/2007 ('), the Council imposed a definitive anti- dumping duty on imports of PET film originating in India following an expiry review pursuant to Article 11(2) of the basic Regulation. By the same Regu- lation a partial interim review pursuant to Article 11(3) of the basic Regulation, limited in scope to the exam- ination of dumping in respect of one Indian exporting producer, was terminated. In January 2009, by Regulation (EC) No 15/2009 (8), the Council, following a partial interim review initiated by the Commission on its own initiative concerning the subsidisation of five Indian PET film producers, amended the definitive anti-dumping duties imposed on these companies by Regulation (EC) No 12922007 and the definitive countervailing duties imposed on these companies by Regulation (EC) No 367/2006. 236, 31.8.20006, p. 1. 270, 29.9.2006, p. 1. 288, 6.11.2007, p. 1. ) O] L ) O] L ) O] L ) O] L 6, 10.1.2009, p. 1.