L219/14 Official Journal of the European Communities 19.8.1999 COMMISSION REGULATION (EC) No 1810/1999 of 17 August 1999 imposing a provisional countervailing duty on imports of polyethylene terephthalate (PET) film originating in India THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 (!), and in particular Article 12 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE In November 1998 the Commission announced by a notice (hereinafter referred to as ‘notice of initiation’) published in the Official Journal of the European Commun- ities (%) the initiation of an anti-subsidy proceeding with regard to imports into the Community of polyethylene terephthalate film (hereinafter referred to as ‘PET film’) originating in India and commenced an investigation. The proceeding was initiated as a result of a complaint lodged by Du Pont de Nemours International SA, Mitsu- bishi Polyester Film GmbH (formerly Hoechst Diafoil GmbH), Toray Plastics Europe SA and Nuroll SpA. representing a major proportion of the Community production of PET film. The complaint contained evidence of subsidisation of the said product, and of material injury resulting therefrom, which was consid- ered sufficient to justify the initiation of a proceeding. Prior to the initiation of the proceeding and in accord- ance with Article 10(9) of Council Regulation (EC) No 2026/97 (hereinafter referred to as the ‘Basic Regula- tion’), the Commission notified the Government of India (hereinafter ‘GOT) that it had received a properly docu- mented complaint alleging that subsidised imports of PET film originating in India are causing material injury to the Community industry. The GOI was invited for consultations with the aim of clarifying the situation as regards the contents of the complaint and arriving at a mutually agreed solution. The GOI accepted the offer of consultations which were held with the Commission on 9 November 1998 in Brussels. Due note was taken of the comments made by the GOI in regard to the allega- tions contained in the complaint regarding subsidised imports and material injury being suffered by the Community industry. The Commission officially advised the Community producers, exporting producers, importers and users known to be concerned, the representatives of the L 288, 21.10.1997, p. 1. C 357, 21.11.1998, p. 12. exporting country and the complainant of the initiation of the proceeding. The parties concerned had the oppor- tunity to make their views known in writing and to request a hearing. The GOI, a number of exporting producers as well as some Community producers, importers and users made their views known in writing. All parties who so requested within the time limits set in the notice of initiation were granted a hearing. The Commission sent questionnaires to all parties known to be concerned and received replies from the GOI and a number of Community producers, importers, users and exporting producers in India. The Commission sought and verified all the information it deemed necessary for the purpose of a preliminary determination of subsidisation and injury, and carried out investigations at the premises of the following companies: (a) Community producers — DuPont Polyester Films, Contern, Luxembourg and Wilton, United Kingdom — Mitsubishi Polyester Film GmbH, Wiesbaden, Germany — Nuroll Spa, Caserta, Italy — Toray Plastics Europe SA, St-Maurice de Beynost, France (b) Government of India — Ministry of Commerce — Department of Revenue — Government of Gujarat — Government of Maharashtra — Government of Uttar Pradesh (c) Exporting producers in India — Ester Industries Ltd, New Delhi — Flex Industries Ltd, Noida — Garware Plastics & Polyesters Ltd, Mumbai — India Polyfilms Ltd[Jindal Polyester Ltd, New Delhi (related companies) — MTZ Polyesters Ltd, Mumbai — Polyplex Corp. Ltd, New Delhi (d) Importers in the Community related to Indian exporting producers — Garware Polyester International Ltd, Harrow, United Kingdom