9.9.2011 Official Journal of the European Union L 232/19 COUNCIL IMPLEMENTING REGULATION (EU) No 906/2011 of 2 September 2011 amending Regulation (EC) No 193/2007 imposing a definitive countervailing duty on imports of polyethylene terephthalate originating in India, and amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate 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 (), the Council imposed a definitive countervailing duty on imports of polyethylene terephthalate (PET) originating, inter alia, in India (the original anti-subsidy investigation). Following an expiry review, the Council, by Regulation (EC) No 193/2007 (}), imposed a definitive countervailing duty for a further period of 5 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 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. 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 (the original anti- dumping investigation). Following an expiry review, the Council, by Regulation (EC) No 192/2007 (°), imposed a definitive anti-dumping duty for a further period of 5 years. The anti-dumping measures were amended by Council Regulation (EC) No 1286/2008 following the last 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 ranged between 188, 18.7.2009, p. 93. 301, 30.11.2000, p. 1. 59, 27.2.2007, p. 34. 301, 30.11.2000, p. 21. 59, 27.2.2007, p. 1. () O L () O L () O] L * OJ L 340, 19.12.2008, p. 1. () O] L () O L (3) () () ) O] O] 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 anti-dumping measures). By Decision 2000/745/EC () the Commission accepted undertakings offered by several exporting producers setting a minimum import price (the undertaking). 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 Reliance Industries 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 governed by the undertaking. The applicant provided prima facie evidence that the continued application of the measure at its current level was no longer necessary to offset the counter- vailable subsidisation. In particular, the applicant provided prima facie evidence showing that its subsidy amount has decreased well below the duty rate currently applicable to it. This reduction in the overall subsidy level would mainly be due to a significant drop in the benefits availed of under the Duty Entitlement Passbook Scheme (DEPBS). Having determined, after consulting the Advisory Committee, that the request contained sufficient prima facie evidence, the Commission announced on 10 June 2010 the initiation of a partial interim review (the present review) pursuant to Article 19 of the basic Regu- lation by a notice of initiation published in the Official Journal of the European Union (%). The review was limited in scope to the examination of subsidisation in respect of the applicant. 1.4. Parties concerned by the investigation The Commission officially informed the applicant, the representatives of the exporting country and the association of Union producers about the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. L 301, 30.11.2000, p. 88. C 151, 10.6.2010, p. 17.