17.5.2011 Official Journal of the European Union L 129/1 (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 469/2011 of 13 May 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 anti-dumping Regulation’), and in particular Articles 9(4) and 14(1) thereof, 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 anti-subsidy Regulation’), and in particular Article 18(1) thereof, Having regard to the proposal submitted by the European Commission (the Commission) after having consulted the Advisory Committee, Whereas: 1. PROCEDURE (1) On 10 December 1999 and following an investigation (‘the original anti-subsidy investigation’), the Council imposed, by Regulation (EC) No 2597/1999, a definitive countervailing duty on imports of polyethylene tereph- thalate (PET) film originating in India (}). Following an anti-dumping investigation (‘the original anti-dumping investigation’) and after imposition, by Commission Regulation (EC) No 367/2001, of a provisional anti- dumping duty on 24 February 2001 (), a definitive anti-dumping duty on PET film originating in India was imposed by Regulation (EC) No 1676/2001 (). () O] L 343, 22.12.2009, p. 51. () O] L 188, 18.7.2009, p. 93. () O] L 316, 10.12.1999, p. 1. (4 O] L 55, 24.2.2001, p. 16. () O] L 227, 23.8.2001, p. 1. ( 2)  On 8 March 2006, two Council Regulations concerning imports of PET film originating in India were published: Regulation (EC) No 367/2006 (°) which followed an expiry review investigation and maintained the definitive countervailing duty (‘the expiry review anti-subsidy Regu- lation’); and Regulation (EC) No 366/2006 (°) (the amending anti-dumping Regulation) which followed a partial interim review investigation and amended the definitive anti-dumping duty on such imports. 3)  On 6 November 2007, following an expiry review, a definitive anti-dumping duty on imports of PET film originating in India was imposed by Council Regulation (EC) No 12922007 (2). (4 On 20 May 2010, a notice (°) was published in the ( ( Official Journal of the European Union. In that notice, parties were informed that, in view of the judgment of the General Court of 17 November 2009 in Case T-143/06 (1% (the judgement), imports into the European Union of PET film manufactured by MTZ Polyfilms Limited (MTZ Polyfilms) are no longer subject to the anti-dumping measures imposed by the amending anti-dumping Regulation and Regulation (EC) No 1292/2007 and that definitive anti-dumping duties paid pursuant to these Regulations on imports of MTZ Polyfilms should be repaid or remitted. The notice also partially reopened the relevant anti-dumping review investigation concerning imports of PET film originating, inter alia, in India in order to implement the above judgment of the General Court as far as MTZ Polyfilms is concerned. 5)  The countervailing duty imposed by the expiry review anti-subsidy Regulation expired on 9 March 2011 (') according to Article 18(1) of the basic anti-subsidy Regu- lation. In line with the principle that no product shall be subject to both anti-dumping and countervailing duties L 68, 8.3.2006, p. 15. %) ) () O] () OJ L 68, 8.3.2006, p. 6. () O] ( 1 O O O] L 288, 6.11.2007, p. 1. °) O] C 131, 20.5.2010, p. 3. %) European Court Reports 2009, p. [I-04133. 1) Notice of expiry (O] C 68, 3.3.2011, p. 6).