17.12.2004 Official Journal of the European Union L 370/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2143/2004 of 13 December 2004 amending Regulation (EC) No 74/2004 imposing a definitive countervailing duty on imports of cotton-type bedlinen originating in India THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (') (the ‘basic Regulation’), Having regard to Article 2 of Council Regulation (EC) No 74/2004 of 13 January 2004 imposing a definitive counter- vailing duty on imports of cotton-type bedlinen originating in India (3), Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1) By Regulation (EC) No 74/2004, the Council imposed a definitive countervailing duty on imports into the Community of cotton-type bedlinen falling within CN codes ex 6302 21 00 (TARIC codes 6302 21 00 81, 6302 21 00 89), ex 6302 22 90 (TARIC code 63022290 19), ex 6302 31 10 (TARIC code 6302 31 10 90), ex 6302 31 90 (TARIC code 6302 319090) and ex 63023290 (TARIC code 6302 32 90 19), originating in India. Given the large number of cooperating parties, a sample of Indian exporting producers was selected and individual duty rates ranging from 4,4% to 10,4% were imposed on the companies included in the sample, while other co- operating companies not included in the sample were attributed a duty rate of 7,6%. A duty rate of 10,4% (') OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12). () OJ L 12, 17.1.2004, p. 1. was imposed on companies which either did not make themselves known or did not cooperate with the inves- tigation. Article 2 of Regulation (EC) No 74/2004 stipulates that where any new exporting producer in India provides sufficient evidence to the Commission that it did not export to the Community the products described in Article 1(1) during the investigation period (1 October 2001 to 30 September 2002) (the first criterion’) and it is not related to any of the exporters or producers in India which are subject to the anti-subsidy measures imposed by that Regulation (the ‘second criterion’), and it has actually exported to the Community the products concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community (the ‘third criterion’), then Article 1(3) of that Regulation can be amended by granting the new exporting producer the duty rate applicable to the coop- erating companies not included in the sample, ie. 7,6 %. B. NEW EXPORTERS/PRODUCERS’ REQUESTS Twenty-four Indian companies have applied not to be treated differently from the companies which cooperated in the original investigation but were not included in the sample (newcomer status). Two Indian companies requesting the newcomer status did not provide a questionnaire reply. It was therefore not possible to verify whether these companies fulfilled the criteria set out in Article 2 of Regulation (EC) No 74/2004, and their request had to be rejected. Two requests for newcomer status were received too late and therefore no conclusion could be reached on these requests by the date of adoption of this Regulation. The remaining twenty companies replied to the ques- tionnaire intended to wverify that the companies complied with the provisions of Article 2 of Regulation (EC) No 74/2004.