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            COUNCIL REGULATION (EC) No 1976/2004

of 15 November 2004         

extending the definitive countervailing duty imposed by Regulation (EC) No 2597/1999 on imports of polyethylene terephthalate (PET) film originating 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 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 23 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   EXISTING MEASURES

2.   ONGOING INVESTIGATIONS

3.   REQUEST

4.   INITIATION

5.   INVESTIGATION

6.   INVESTIGATION PERIOD

B.   RESULTS OF THE INVESTIGATION

1.   DEGREE OF COOPERATION

2.   PRODUCT CONCERNED AND LIKE PRODUCT

3.   CHANGE IN THE PATTERN OF TRADE

India

Brazil

Israel

4.   INSUFFICIENT DUE CAUSE OR ECONOMIC JUSTIFICATION

Brazil

Non-cooperating exporting producers

Israel

Non-cooperating exporting producers

Cooperating exporting producer

5.   UNDERMINING OF THE REMEDIAL EFFECTS OF THE DUTY IN TERMS OF THE PRICES AND/OR THE QUANTITIES OF THE LIKE PRODUCT

Non-cooperating exporting producers

6.   EVIDENCE OF CONTINUED SUBSIDISATION OF THE PRODUCT CONCERNED

C.   REQUESTS FOR EXEMPTION FROM REGISTRATION OR EXTENSION OF THE DUTY

D.   MEASURES

E.   PROCEDURE

HAS ADOPTED THIS REGULATION:

Article 1

1.   The definitive countervailing duty of 19,1 % imposed by Regulation (EC) No 2597/1999 on imports of polyethylene terephthalate film originating in India, falling within CN codes ex 3920 62 19 and ex 3920 62 90, is hereby extended to imports of the same polyethylene terephthalate film consigned from Brazil and consigned from Israel (whether declared as originating in Brazil or Israel or not) (TARIC codes 3920621901, 3920621904, 3920621907, 3920621911, 3920621914, 3920621917, 3920621921, 3920621924, 3920621927, 3920621931, 3920621934, 3920621937, 3920621941, 3920621944, 3920621947, 3920621951, 3920621954, 3920621957, 3920621961, 3920621967, 3920621974, 3920621992, 3920629031, 3920629092) with the exception of those produced by Terphane Ltda BR 101, km 101, City of Cabo de Santo Agostinho, State of Pernambuco, Brazil (TARIC additional code A569) and by Jolybar Filmtechnic Converting Ltd (1987), Hacharutsim str. 7, Ind. Park Siim 2000, Natania South, 42504, POB 8380, Israel (TARIC additional code A570).

2.   The duty extended by paragraph 1 of this Article shall be collected on imports registered in accordance with Article 2 of Regulation (EC) No 283/2004 and Article 23(2) and Article 24(5) of Regulation (EC) No 2026/97 with the exception of those produced by Terphane Ltda, BR 101, km 101, City of Cabo de Santo Agostinho, State of Pernambuco, Brazil and by Jolybar Filmtechnic Converting Ltd (1987), Hacharutsim str. 7, Ind. Park Siim 2000, Natania South, 42504, POB 8380, Israel.

3.   The provisions in force concerning customs duties shall apply.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 November 2004.

For the Council

The President

M. VAN DER HOEVEN            

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(1)OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)OJ L 316, 10.12.1999, p. 1.

(3)OJ L 227, 23.8.2001, p. 1.

(4)OJ C 154, 28.6.2002, p. 2.

(5)OJ C 281, 22.11.2003, p. 4.

(6)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004.

(7)OJ C 43, 19.2.2004, p. 14.

(8)OJ L 49, 19.2.2004, p. 25.

(9)OJ L 49, 19.2.2004, p. 28. Regulation as amended by Regulation No 1830/2004 (OJ L 321, 22.10.2004, p. 26).

(10)  See p. 1 of this Official Journal.

(11)  Decision on Anti-circumvention adopted by the Trade Negotiations Committee on 15 December 1993.

(12)  The company in question was subject to countervailing duty at 7 %.

(13)OJ L 321, 22.10.2004, p. 26.

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