10.12.1999 Official Journal of the European Communities L 316/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2597/1999 of 6 December 1999 imposing a definitive countervailing duty on imports of polyethylene terephthalate (PET) film originating in India and collecting definitively the provisional, duty imposed 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 (") (herein- after referred to as the ‘Basic Regulation’) and in particular Article 15 thereof, After consulting the Advisory Committee, Whereas: 1. PROCEDURE By Commission Regulation No 1810/1999 (3 (herein- after referred to as ‘the provisional duty Regulation’), a provisional countervailing duty was imposed on imports of polyethylene terephthalate (PET) film into the Community originating in India falling within CN codes 392062 19 and 3920 62 90. Subsequent to the imposition of the provisional counter- vailing duty, the Indian cooperating exporting producers Ester Industries Ltd, Flex Industries Ltd, Garware Poly- ester Ltd, India Polyfilms Ltd/Jindal Polyester Ltd (related companies), MTZ Polyesters Ltd, Polyplex Corporation Ltd (hereinafter referred to as ‘the Indian exporting producers), the Government of India (hereinafter referred to as the ‘GOI), the complainant Community producers (hereinafter referred to as ‘the Community industry) and two wusers of PET film submitted comments in writing. In accordance with the provisions of Article 11(5) of the basic Regulation, all the above parties except for one user requested and were granted hearings. One user, which did not make itself known at an earlier stage, reacted further to the imposition of the provi- sional measures. L 288, 21.10.1997, p. 1. L 219, 19.8.1999, p. 14. () The Commission continued to seek and verify all infor- mation it deemed necessary for the definitive findings. The oral and written comments submitted after the imposition of provisional measures and after the above disclosures were considered and, where deemed appro- priate, taken into account in the definitive findings. 2. PRODUCT UNDER CONSIDERATION Recital 7 of the provisional duty Regulation described the product under consideration to be polyethylene terephthalate (PET) film. Recital 8 of the provisional duty Regulation stated further that the product can be split into a variety of segments typically identified within the industry as magnetic, packaging, electrical, imaging and other indus- trial segments and that for the purposes of the invest- igation, the products were grouped in types according to market segment, thickness, coating properties, surface treatment, mechanical properties and clarity/opacity. After the imposition of provisional measures the Commission received a request by the Community industry to consider not only the types classifiable within CN codes 3920 62 19 and 3920 62 90 as set out in the provisional duty Regulation but also those classifi- able within CN codes 3920 62 11 and 392062 13 as PET film. The Indian exporting producers opposed the inclusion of the two additional codes claiming that the PET film classifiable within them is not interchangeable with the PET film falling within the other two codes, i.e. 39206219 and 3920 62 90. They pointed out that only these latter codes were included in the complaint of the Community industry and that the two former ones had not been specifically included in the complaint on the grounds that the products categorised within these codes were not interchangeable with those classified within CN codes 3920 62 19 and 3920 62 90.