19.8.2004 Official Journal of the European Union L 2711 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1467/2004 of 13 August 2004 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of polyethylene terephthalate originating in Australia, the People’s Republic of China and terminating the anti-dumping proceeding concerning imports of polyethylene terephthalate origi- nating in Pakistan and releasing the amounts secured by way of the provisional duties imposed THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Communities (!) (the basic Regulation), and in particular Article 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. PROVISIONAL MEASURES (1)  On 19 February 2004, the Commission imposed, by Regulation (EC) No 306/2004 (3) (the provisional Regu- lation), a provisional anti-dumping duty on the imports into the Community of polyethylene terephthalate (PET) originating in Australia, the People’s Republic of China and Pakistan (the countries concerned). (2) It is recalled that the investigation period of dumping and injury (IP) covered the period from 1 April 2002 to 31 March 2003. The examination of trends relevant for the injury analysis covered the period from 1 January 1999 to the end of the IP (period considered). 2. PARALLEL INVESTIGATION PROCEDURE (3) It is recalled that an interim review concerning imports of PET originating in the Republic of Korea and Taiwan was initiated by a notice published in the Official Journal of the European Union on 22 May 2003 (3). L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation ) No 4612004 (O] L 77, 13.3.2004, p. 12). 2 OJ L 52, 21.2.2004, p. 5. C 120, 22.5.2003, p. 13. 3. SUBSEQUENT PROCEDURE Following the imposition of a provisional anti-dumping duty on imports of PET from the countries concerned, all parties received a disclosure of the facts and consid- erations on which the provisional Regulation was based. All parties were granted a period within which they could make representations in relation to these disclosures. Some interested parties submitted comments in writing. Those parties who so requested were also granted an opportunity to be heard orally. The Commission sought and verified all information it deemed necessary. The oral and written comments submitted by the parties were examined, and, where considered appropriate, the provisional findings were modified accordingly. The Commission services further disclosed all the essential facts and considerations on the basis of which it intended to recommend the imposition of a definitive anti-dumping duty and the definitive collection of amounts secured by way of the provisional duty. The interested parties were also granted a period within which they could make representations subsequent to this disclosure. The oral and written comments submitted by the parties were considered and, where appropriate, the proposal for a definitive anti-dumping duty has been modified accordingly. B. PRODUCT CONCERNED AND LIKE PRODUCT It is recalled that, in recital 14 of the provisional Regu- lation, the product concerned was defined as poly- ethylene terephthalate with a viscosity number of 78ml/g or higher, according to ISO Standard 1628-5, currently classifiable within CN Code 3907 60 20, and originating in the countries concerned. Moreover, in recital 18 of the provisional Regulation, it was stated that the Commission had found that PET produced by the Community industry and sold on the Community market as well as PET produced in the countries concerned and exported to the Community were like products, since no differences in the basic physical and chemical characteristics and Uses of the existing different types of PET had been found.