4.12.2004 Official Journal of the European Union L 359/55 COMMISSION COMMISSION DECISION of 18 October 2004 terminating the accelerated review of Council Regulation (EC) No 2164/98 imposing a definitive countervailing duty on imports of certain broad spectrum antibiotics originating in India (2004/830/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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), and in particular Article 20 thereof, After consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE The Council, by Regulation (EC) No 2164/98 (?), imposed a definitive countervailing duty on imports of certain broad spectrum antibiotics, namely amoxicillin trihydrate, ampicillin trihydrate and cefalexin not put up in measured doses or in forms or packings for retail sale (the product concerned) falling within CN codes ex 2941 10 10, ex 2941 10 20 and ex 2941 90 00 origi- nating in India. The measures took the form of an ad valorem duty ranging between 0% and 12 % on individual exporters, with a residual duty rate of 14,6 % for non- cooperating exporters. B. CURRENT PROCEDURE 1. Request for review Following the imposition of definitive measures, the Commission received a request for the initiation of an accelerated review of Regulation (EC) No 2164/98 pursuant to Article 20 of the basic Regulation, from an Indian producer of the product concerned, Nestor Phar- maceuticals Limited (the applicant). The applicant claimed not to be related to any other exporters of the product concerned in India. Furthermore, it asserted that it had not exported the product concerned during the original investigation period (ie. from 1 July 1996 to 30 June 1997), but had exported the product concerned (") OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu- lation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). () OJ L 273, 9.10.1998, p. 1. to the Community subsequently. On the basis of the above, it requested that an individual duty rate be estab- lished for it, in case subsidisation was to be found. 2. Initiation of an accelerated review The Commission examined the evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 20 of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given an opportunity to comment, the Commission initiated by a notice in the Official Journal of the European Union (}) an accelerated review of Regulation (EC) No 216498 with regard to the applicant. 3. Product concerned The product covered by this review is the same product as the one under consideration in Regulation (EC) No 2164/98. 4. Investigation period The investigation of subsidisation covered the period from 1 April 2002 to 31 March 2003 (the review inves- tigation period). 5. Parties concerned The Commission officially advised the applicant and the Government of India (the GOI) of the initiation of the investigation. Furthermore, it gave other interested parties an opportunity to make their views known in writing and to request a hearing. However, no such views or any request for a hearing was received by the Commission. The Commission sent a questionnaire to the applicant and received a full reply within the set deadline. The Commission sought and verified all information it deemed necessary for the purpose of the investigation and carried out verification visits at the premises of the applicant in New Delhi and in Hyderabad. () O] C 102, 29.4.2003, p. 6.