L 168/6 Official Journal of the European Union 28.6.2012 COUNCIL IMPLEMENTING REGULATION (EU) No 559/2012 of 26 June 2012 terminating the partial interim review concerning the countervailing measures on imports of certain polyethylene terephthalate (PET) originating in, inter alia, 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 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (') (‘the basic Regulation’), and in particular Articles 19 and 24 thereof, Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee, Whereas: 1. PROCEDURE 1.1. Previous investigation and existing counter- vailing measures By Regulation (EC) No 2603/2000 (3, the Council imposed a definitive countervailing duty on imports of polyethylene terephthalate (PET) originating, inter alia, in India. The definitive findings and conclusions of an accel- erated review pursuant to Article 20 of the basic Regu- lation are set out in Council Regulation (EC) No 1645/2005 (°). 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 Council Regulation (EC) No 1286/2008 (°) following a partial interim review (‘the last review investigation). The countervailing measures consist of a specific duty. The rate of the duty is 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 all other producers. Following a name change of one Indian company, South Asian Petrochem Ltd, by Notice 2010/C 335/07 (%), the Commission concluded that the anti-subsidy findings in respect of South Asian Petrochem Ltd should apply to Dhunseri Petrochem & Tea Limited. 188, 18.7.2009, p. 93. 301, 30.11.2000, p. 1. 266, 11.10.2005, p. 1. 340, 19.12.2008, p. 1. 335, 11.12.2010, p. 7. () Oy L (0 oL () O] L * OJ L 59, 27.2.2007, p. 34. () O] L () 0] 1.2. Existing anti-dumping measures By Regulation (EC) No 2604/2000 (’), the Council imposed a definitive anti-dumping duty on imports of PET originating, inter alia, in India. A review pursuant to Article 11(4) of Council Regulation (EC) No 1225/2009 (%) (‘the basic anti-dumping Regulation’) concerning South Asian Petrochem Ltd was subsequently conducted and its definitive findings and conclusions are set out in Council Regulation (EC) No 1646/2005 (°). Following an expiry review, the Council, by Regulation (EC) No 192/2007 (1), imposed a definitive anti- dumping duty for a further period of five years. The anti-dumping measures were amended by Regulation (EC) No 1286/2008 following a partial interim review investigation. The measures were set at the level of the injury elimination and consisted of specific anti-dumping duties. The rate of the duty is 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 all other producers (‘the current anti-dumping measures’). Following a name change of one Indian company, South Asian Petrochem Ltd, by Notice 2010/C 335/06 ('), the Commission concluded that the anti-dumping findings in respect of South Asian Petrochem Ltd should apply to Dhunseri Petrochem & Tea Limited. By Decision 2005/697/EC ('?), the Commission accepted undertakings offered by South Asian Petrochem Ltd setting a minimum import price (the undertaking’). Following a name change, the Commission concluded by Notice 2010/C 335/05 (**) that the undertaking offered by South Asian Petrochem Ltd should apply to Dhunseri Petrochem & Tea Limited. 1.3. Initiation of a partial interim review A request for a partial interim review pursuant to Article 19 of the basic Regulation was lodged by Dhunseri Petrochem & Tea Limited, an Indian exporting producer of PET (the applicant’). The request was limited in scope to subsidisation and to the applicant. The applicant at the same time also requested the review of the current anti-dumping 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 covered by the undertaking. 301, 30.11.2000, p. 21. 343, 22.12.2009, p. 51. 266, 11.10.2005, p. 10. 335, 11.12.2010, p. 6. 266, 11.10.2005, p. 62. 335, 11.12.2010, p. 5. ) O] L ) O] L ) O] L % OJ L 59, 27.2.2007, p. 1. ) O] C ) O] L ) O] C