29.4.2004 Official Journal of the European Union L127/3 COUNCIL REGULATION (EC) No 822/2004 of 26 April 2004 amending Regulation (EC) No 2603/2000 imposing a definitive countervailing duty on imports of certain polyethylene terephtalate originating, inter alia, in Thailand 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. MEASURES IN FORCE The measures currently in force are definitive counter- vailing duty imposed by Regulation (EC) No 2603/ 2000 (), under which imports into the Community of certain polyethylene terephtalate (the product concerned) originating in Thailand are subject to a duty, in the form of a specific amount per tonne, i.e. EUR 49,1 per tonne. It should be noted that the same imports are also subject to a definitive anti-dumping duty of EUR 83,2 per tonne, imposed by Regulation (EC) No 2604/2000 (). B. CURRENT INVESTIGATION 1. Request for a review The Commission subsequently received a request to initiate an accelerated review of Regulation (EC) No 2603/2000, pursuant to Article 20 of the basic Regu- lation, from the Thai producer Indo Pet (Thailand) Ltd (Indo Pet). This company claimed that it was not indivi- dually investigated during the original period of investi- gation (ie. from 1 October 1998 to 30 September 1999) for reasons other than the refusal to cooperate with the Commission. () OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu- lation (EC) No 461/2004 () OJ L 301, 30.11.2000, p. 1. () OJ L 301, 30.11.2000, p. 21. Regulation as last amended by Regu- lation (EC) No 823/2004 (see page 7 of this Official Journal). (4) It should be noted that the Commission simultaneously received, from the same Thai producer, a request to initiate a ‘new exporter’ review of Regulation (EC) No 2604/2000. This parallel proceeding is subject to a sepa- rate Council Regulation. 2. Initiation of an accelerated review The Commission examined the evidence submitted by the Thai exporting producer concerned and considered it sufficient to justify the initiation of an accelerated review in accordance with 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 published in the Official Journal of the European Union (%), a review of Regulation (EC) No 2603/2000 with regard to the company concerned and commenced its investigation. 3. Product concerned The product covered by the current review is the same as in the original investigation, ie. polyethylene terephthalate (PET) with a coefficient of viscosity of 78 mlfg or higher, according to DIN (Deutsche Indus- trienorm) 53728. It is currently classifiable within CN code 3907 60 20. 4. Parties concerned The Commission officially advised the company concerned and the representatives of the exporting country of the initiation of the review. Furthermore, it gave other parties directly concerned the opportunity to make their views known in writing and to request a hearing. No such request was however received. The Commission also sent out a questionnaire to the Government of Thailand and to the company concerned and received a reply within the deadline. The Commis- sion sought and verified all the information deemed necessary for the determination of subsidisation, and a verification visit was carried out at the premises of the company concerned. () 0] C 170, 19.7.2003, p. 2.