L 321/26 Official Journal of the European Union 22.10.2004 COMMISSION REGULATION (EC) No 1830/2004 of 21 October 2004 amending Regulation (EC) No 283/2004 and Regulation (EC) No 284/2004 as regards registration of certain imports of polyethylene terephthalate (PET) film produced by one Brazilian exporting producer and produced by one Israeli exporting producer THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 Community (') (the basic anti-dumping Regulation) and in particular Articles 13 and 14(5) thereof and to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (3 (the basic anti-subsidy Regulation), and in particular Articles 23 and 24(5) thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE By Regulation (EC) No 2597/1999 (’) (the definitive anti- subsidy Regulation), the Council imposed countervailing duties ranging between 3,8 % and 19,1 % on imports of polyethylene terephthalate film (PET film) originating in India. By Regulation (EC) No 1676/2001 (%) (the definitive anti- dumping Regulation), the Council imposed anti-dumping duties ranging between 0% and 62,6 % on imports of PET film originating in India. On 6 January 2004, the Commission received a request, pursuant to Article 13(3) of the basic anti-dumping Regulation and to Article 23(2) of the basic anti- subsidy Regulation, from DuPont Teijin Films, Mitsubishi Polyester Film GmbH and Nuroll SpA to investigate the alleged circumvention of the anti-dumping and counter- () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). (®» O L 288, 21.10.1997, p. 1. Regulation as last amended by Regulation (EC) No 461/2004. () OJ L 316, 10.12.1999, p. 1. () O] L 227, 23.8.2001, p. 1. ( ( 5 0 6 O == vailing measures imposed on imports of PET film origi- nating in India. According to the request, the circum- vention practice consisted of transhipment of PET film originating in India via Brazil and via Israel to the Community. The request contained sufficient prima facie evidence regarding the factors set out in Article 13(1) of the basic anti-dumping Regulation and Article 23(1) of the basic anti-subsidy Regulation. The Commission initiated investigations into the alleged circumvention of countervailing measures by Regulation (EC) No 283/2004 () and of anti-dumping measures by Regulation (EC) No 284/2004 (°) (the initiating Regu- lations). Pursuant to Articles 13(3) and 14(5) of the basic anti-dumping Regulation and Articles 23(2) and 24(5) of the basic anti-subsidy Regulation, Article 2 of the initiating Regulations instructed the customs autho- rities to register imports of PET film consigned from Brazil and from Israel, whether declared as originating in Brazil or Israel or not, as of 20 February 2004. Article 2(3) of the initiating Regulations provided that the Commission, by Regulation, may direct customs authorities to cease registration in respect of imports into the Community of products manufactured by producers having applied for an exemption of regis- tration and having been found not to be circumventing the anti-dumping duties and the countervailing duties respectively. B. REQUESTS FOR EXEMPTION Within the deadline laid down in Article 3 of the initiating Regulations, the Commission received requests for exemption from the registration and measures from one exporting producer in Brazil, Terphane Ltda, BR 101, km 101, City of Cabo de Santo Agostinho, State of Pernambuco, Brazil (Terphane) and from one exporting producer in Israel, Jolybar Filmtechnic Converting Ltd (1987), Hacharutsim str. 7, Ind. Park Siim 2000, Natania South, 42504. POB 8380, Israel (Jolybar). L 49, 19.2.2004, p. 25. L 49, 19.2.2004, p. 28.