16.7.2004 Official Journal of the European Union L 244/5 COUNCIL REGULATION (EC) No 1295/2004 of 12 July 2004 amending Regulation (EC) No 1599/1999 imposing a definitive countervailing duty on imports of stainless steel wire with a diameter of 1 mm or more 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), and in particular Article 20 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE The Council, by Regulation (EC) No 1599/1999 (3, imposed a definitive countervailing duty on imports of stainless steel wire having a diameter of 1 mm or more (the product concerned), falling within CN code ex 7223 00 19 and originating in India. The measures took the form of an ad valorem duty ranging between 0% and 35,4% for individual exporters, with a rate of 48,8 % for non-cooperating exporters. B. CURRENT PROCEDURE 1. Request for review Subsequent to the imposition of definitive measures, the Commission received a request for the initiation of an accelerated review of Regulation (EC) No 1599/1999, pursuant to Article 20 of the basic Regulation, from one Indian producer, VSL Wires Limited (the applicant). The applicant claimed that it was not related to any other exporters of the product concerned in India Furthermore, it claimed that it had not exported the product concerned during the original period of investi- gation (L.e. from 1 April 1997 to 31 March 1998), but had exported the product concerned to the Community after that period. On the basis of the above, it requested that an individual duty rate be established for it. (") 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 189, 22.7.1999, p. 1. Regulation as amended by Regulation (EC) No 164/2002 (O] L 30, 31.1.2002, p. 9). ©) 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 the opportunity to comment, the Commission initiated, by a notice in the Official Journal of the European Union (*), an accelerated review of Regulation (EC) No 1599/1999 with regard to the company concerned and commenced its investi- gation. 3. Product concerned The product covered by the current review is the same product as that under consideration in Regulation (EC) No 1599/1999, namely stainless steel wire having a diameter of 1 mm or more, containing by weight 2,5% or more of nickel, excluding wire containing by weight 28 % or more but no more than 31 % of nickel and 20 % or more but no more than 22% of chromium. 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 (GOI) of the initiation of the procedure. Furthermore, it gave other parties directly concerned the 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 required deadline. The Commission sought and verified all information it deemed necessary for the purpose of the investigation and carried out a verification visit at the premises of the applicant. C. SCOPE OF THE REVIEW As no request for a review of the findings on injury was made in by the applicant, the review was limited to subsidisation. () O] C 161, 10.7.2003, p. 2.