L 2954 Official Journal of the European Union 18.9.2004 COUNCIL REGULATION (EC) No 1628/2004 of 13 September 2004 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain graphite electrode systems originating in India 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 15 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES (1)  On 19 May, the Commission, by Regulation (EC) No 1008/2004 (3 (the provisional Regulation), imposed a provisional countervailing duty on imports into the Community of certain graphite electrode systems origi- nating in India. B. SUBSEQUENT PROCEDURE (2)  Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional countervailing measures, several interested parties made written submissions making their views known on the provisional findings. The parties who so requested were granted an opportunity to be heard. (3)  The Commission continued to seek and verify all infor- mation it deemed necessary for the definitive findings. 4 All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive countervailing () OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu- lation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). () O] L 183, 20.5.2004, p. 35. duty on imports of certain graphite electrode systems originating in India and the definitive collection of the amounts secured by way of the provisional duty. They were also granted a period within which to make repre- sentations subsequent to the disclosure of the essential facts and considerations. The oral and written comments submitted by the interested parties were considered and, where appro- priate, the findings have been modified accordingly. C. PRODUCT CONCERNED AND LIKE PRODUCT Since no new comments were received regarding the product concerned and the like product, recitals 12 to 16 of the provisional Regulation are hereby confirmed. D. SUBSIDISATION 1. Duty entitlement passbook scheme (DEPB) Following disclosure after the imposition of provisional measures and subsequent to final disclosure, a number of comments were received from the Government of India (the GOI) and from the exporting producers. It was firstly claimed that the DEPB on post-export basis is a drawback scheme and, as a consequence, any benefit under the scheme should be restricted to any excess remission of import duties that may have been given. It was further claimed that the quantification of any benefit should be based on the date of receipt of the DEPB licences and not on the date of their utilisation or sale, as was taken by the Commission. Finally, it was claimed that the amount of benefit should be reduced as it was alleged that the DEPB rate for the product concerned was reduced from 19 to 11% in February 2004, namely after the IP. In response to the first claim, it is noted in recital 33 of the provisional Regulation that ‘the basic Regulation provides for an exception for, inter alia, drawback and substitution drawback schemes which conform to the strict rules laid down in Annex I item (i), Annex II (defi- nition and rules for drawback) and Annex IIl (definition and rules for substitution drawback)’.