L 232/14 Official Journal of the European Union 9.9.2011 REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 905/2011 of 1 September 2011 terminating the partial interim review concerning the anti-dumping measures on imports of certain polyethylene terephthalate (PET) 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 11(3) thereof, Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee, Whereas: 1. PROCEDURE 1.1. Measures in force (1) By Regulation (EC) No 2604/2000 (3, the Council imposed a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) originating, inter alia, in India (the original investigation’). Following an expiry review, the Council, by Regulation (EC) No 192/2007 (}) imposed a definitive anti-dumping duty for a further period of five years. The anti- dumping measures were amended by Council Regulation (EC) No 1286/2008 (%) following a partial interim review (‘the last review investigation’). The measures were set at the injury elimination level and consist of specific anti- dumping duties. The rate of the duty ranges between EUR 87,5 and EUR 200,9 per tonne for individually named Indian producers with a residual duty rate of EUR 153,6 per tonne imposed on imports from other producers (the current duties’). (2) By Regulation (EC) No 2603/2000 (°), the Council imposed a definitive countervailing duty on imports of () O] L 343, 22.12.2009, p. 51. () 0] L 301, 30.11.2000, p. 21. () OJ L 59, 27.2.2007, p. 1. (4 O] L 340, 19.12.2008, p. 1. () O] L 301, 30.11.2000, p. 1. (©) () O] 0] PET originating, inter alia, in India. Following an expiry review, the Council, by Regulation (EC) No 193/2007 () imposed a definitive countervailing duty for a further period of five years. The countervailing measures were amended by Regulation (EC) No 1286/2008 following the last review investigation. The countervailing measures consist of a specific duty. The rate of the duty ranges between EUR 0 and EUR 106,5 per tonne for individually named Indian producers with a residual duty rate of EUR 69,4 per tonne imposed on imports from other producers (the current countervailing measures). By Decision 2000/745/EC (7) the Commission accepted undertakings offered by several exporting producers setting a minimum import price (MIP) (‘the undertaking’). 1.2. Request for a review A request for a partial interim review pursuant to Article 11(3) of the basic Regulation was lodged by Reliance Industries Limited, an Indian exporting producer of PET (the applicant). The request was limited in scope to dumping and to the applicant. The applicant at the same time also requested the review of the current countervailing measures. The residual anti- dumping and countervailing duties are applicable to imports of products produced by the applicant and sales of the applicant to the Union are governed by the undertaking. The applicant provided prima facie evidence that the continued application of the current duty at its current level was no longer necessary to offset dumping. In particular, the applicant claimed that there had been significant changes in the production costs of the company and that these changes led to a substantially lower dumping margin since the imposition of the current duties. A comparison made by the applicant of its domestic prices and its export prices to the Union suggested that the dumping margin was substantially lower than the level of current duties. L 59, 27.2.2007, p. 34. L 301, 30.11.2000, p. 88.