18.11.2004 Official Journal of the European Union L 342/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1975/2004 of 15 November 2004 extending the definitive anti-dumping duty imposed by Regulation (EC) No 1676/2001 on imports of polyethylene terephthalate (PET) film originating, inter alia, in India to imports of polyethylene terephthalate (PET) film consigned from Brazil and from Israel, whether declared as originating in Brazil or Israel or not 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 Community (') (the basic Regulation), and in particular Article 13 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. EXISTING MEASURES (1) By Regulation (EC) No 1676/2001 (%) (the original Regu- lation), the Council imposed anti-dumping duties on imports of polyethylene terephthalate (PET) film (PET film) originating, inter alia, in India. The rates of the anti-dumping duties ranged between 0% and 62,6 %. By Decision 2001/645/EC (%), the Commission accepted undertakings from five Indian exporting producers. (2)  Imports of PET film originating in India are also subject to countervailing duties, ranging between 3,8% and 19,1%, imposed by Council Regulation (EC) No 2597/1999 (4. 2. ONGOING INVESTIGATIONS (3) On 28 June 2002, the Commission announced by a notice of initiation published in the Official Journal of the European Communities (°), the initiation of a partial interim review pursuant to Article 19 of Council Regu- lation 2026/97 (¢). The request is limited in scope to the (") 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). OJ L 227, 23.8.2001, p. 1. OJ L 227, 23.8.2001, p. 56. OJ L 316, 10.12.1999, p. 1. lation (EC) No 461/2004. () ) 0] 0 form of the measure and, in particular, to the exami- nation of the acceptability of an undertaking offered by the applicant. This review is still ongoing. On 22 November 2003, the Commission announced by a notice of initiation published in the Official Journal of the European Union (), the initiation of a partial interim review pursuant to Article 11(3) of the basic Regulation, limited in scope to the form of the anti-dumping measures. This review is still ongoing. On 19 February 2004, the Commission announced by a notice of initiation published in the Official Journal of the European Union (%), the initiation of a partial interim review pursuant to Article 11(3) of the basic Regulation limited to dumping for the Indian exporting producer Jindal Polyester Limited. This review is still ongoing. 3. REQUEST On 6 January 2004, the Commission received a request pursuant to Article 13(3) of the basic Regulation (the request) from the Community producers DuPont Teijin Films, Mitsubishi Polyester Film GmbH and Nuroll SpA (the applicants) to investigate the alleged circumvention of the anti-dumping measures imposed on imports of PET film originating in India. The applicants represent a major proportion of the Community production of PET film. The applicants alleged and submitted sufficient evidence showing that, following the imposition of measures on imports of PET film originating, inter alia, in India, there had been significant changes in the patterns of trade involving exports of PET film from India, Brazil and Israel to the Community. These changes in the patterns of trade were alleged to stem from the transhipment via Brazil and via Israel of PET film originating in India. It was alleged that there was insufficient due cause or economic justification for the aforementioned changes other than the imposition of the duty on imports of PET film from India. C 281, 22.11.2003, p. 4. C 43, 19.2.2004, p. 14.