Implementing regulation 2010/579 - Amendment of Regulation (EC) No 367/2006 imposing a definitive countervailing duty on imports of polyethylene terephthalate (PET) film from India - Main contents
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official title
Council Implementing Regulation (EU) No 579/2010 of 29 June 2010 amending Regulation (EC) No 367/2006 imposing a definitive countervailing duty on imports of polyethylene terephthalate (PET) film originating in India| Legal instrument | Implementing regulation |
|---|---|
| Number legal act | Implementing regulation 2010/579 |
| Original proposal | COM(2010)297  |
| CELEX number i | 32010R0579 |
| Document | 29-06-2010 |
|---|---|
| Publication in Official Journal | 02-07-2010; Special edition in Croatian: Chapter 11 Volume 022,OJ L 168, 2.7.2010 |
| Effect | 03-07-2010; Entry into force Date pub. + 1 See Art 2 |
| End of validity | 08-03-2011; Implicitly repealed by 31997R2026 |
2.7.2010 |
EN |
Official Journal of the European Union |
L 168/1 |
COUNCIL IMPLEMENTING REGULATION (EU) No 579/2010
of 29 June 2010
amending Regulation (EC) No 367/2006 imposing a definitive countervailing 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 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 19 thereof,
Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee,
Whereas:
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A.PROCEDURE
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I.Previous investigation and existing countervailing measures
(1) |
In December 1999, by Regulation (EC) No 2597/1999 (2), the Council imposed a definitive countervailing duty on imports of polyethylene terephthalate (PET) film (‘the product concerned’) currently falling within CN codes ex 3920 62 19 and ex 3920 62 90, originating in India. The investigation which led to the adoption of that Regulation is hereinafter referred to as the ‘original investigation’. The measures took the form of an ad valorem countervailing duty, ranging between 3,8 % and 19,1 % imposed on imports from individually named exporters, with a residual duty rate of 19,1 % imposed on imports of the product concerned from all other companies. The investigation period of the original investigation was 1 October 1997 to 30 September 1998. |
(2) |
In March 2006, by Regulation (EC) No 367/2006 (3), the Council, following an expiry review pursuant to Article 18 of the basic Regulation, maintained the definitive countervailing duty imposed by Regulation (EC) No 2597/1999 on imports of PET film originating in India. The review investigation period was 1 October 2003 to 30 September 2004. |
(3) |
In August 2006, by Regulation (EC) No 1288/2006 (4), the Council, following an interim review concerning the subsidisation of an Indian PET film producer, Garware Polyester Limited (‘Garware’), amended the definitive countervailing duty imposed on Garware by Regulation (EC) No 367/2006. |
(4) |
In September 2007, by Regulation (EC) No 1124/2007 (5), the Council, following a partial interim review concerning the subsidisation of another Indian PET film producer, Jindal Poly Films Limited (‘Jindal’), formerly known as Jindal Polyester Ltd, amended the definitive countervailing duty imposed on Jindal by Regulation (EC) No 367/2006. |
(5) |
In January 2009, by Regulation (EC) No 15/2009 (6), 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 countervailing duty imposed on these companies by Regulation (EC) No 367/2006. |
II. Existing anti-dumping measures
(6) |
It should be noted that Jindal Poly Films Limited is subject to an anti-dumping duty of 0 % (7). |
III. Initiation of a partial interim review
(7) |
The request for a partial interim review was lodged by Jindal Poly Films Limited, an exporting producer from India (‘the applicant’). The request is limited in scope to the examination of subsidisation as far as the applicant is concerned. The applicant has provided prima facie evidence that the circumstances with regard to subsidisation on the basis of which measures were established have changed significantly and that these changes are of a lasting nature. |
(8) |
Having determined, after consulting the Advisory Committee, that sufficient evidence existed to justify the initiation of a partial interim review, the Commission announced on 9 September 2009, by a notice... |
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