L 58/14 Official Journal of the European Union 3.3.2011 COUNCIL IMPLEMENTING REGULATION (EU) No 205/2011 of 28 February 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, (4 In September 2006, by Regulation (EC) No 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 Article 9(4) and Article 11(3), (5) and (6) thereof, Having regard to the proposal submitted by the European Commission (‘the Commission’) after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Previous investigation and existing anti-dumping measures (1) In August 2001, by Regulation (EC) No 16762001 (3, 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. (2)  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 which are detailed in Regulation (EC) No 367/2006 (4). (3)  In August 2006, by Regulation (EC) No 1288/2006 (°), the Council, following an interim review concerning the subsidisation of an Indian PET film producer, amended the definitive anti-dumping duty imposed on that producer by Regulation (EC) No 1676/2001. 343, 22.12.2009, p. 51. 227, 23.8.2001, p. 1. 68, 8.3.2006, p. 6. 68, 8.3.2006, p. 15. 236, 31.8.2006, p. 1. (5) In 1424/2006 (%), the Council, following a new exporting producer request, amended Regulation (EC) No 1676/2001 in respect of an Indian PET film producer. The amended Regulation established a dumping margin of 15,5 % and an 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. 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 anti-dumping Regulation. By the same Regulation a partial interim review, pursuant to Article 11(3) of the basic anti-dumping Regulation, limited to one Indian exporting producer was terminated. (6)  In January 2009, by Regulation (EC) No 15/2009 (%), 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 duty imposed on these companies by Regulation (EC) No 1292/2007 and the definitive countervailing duties imposed by Regu- lation (EC) No 367/2006. (7)  Regulation (EC) No 1292/2007 also maintained the extension of the measures to Brazil and Israel with certain companies being exempted. The last amendment to Regulation (EC) No 1292/2007 in this regard was made by Council Implementing Regulation (EU) No 806/2010 of 13 September 2010 amending Regulations (EC) No 1292/2007 and (EC) No 367/2006 as regards the granting of an exemption from the measures imposed under those Regulations to one Israeli exporter of polyethylene terephthalate (PET) film orig- inating in India and terminating the registration of imports from that exporter (°). (8) It should be noted that Vacmet India Limited is subject to ( ( ( ( 6 7! 8 9 a residual anti-dumping duty of 17,3 % on the basis of Regulation (EC) No 1292/2007. 270, 29.9.2006, p. 1. 288, 6.11.2007, p. 1. 6, 10.1.2009, p. 1. p- 242, 15.9.2010, ) O] L ) O] L ) O] L ) O] L 6.