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17.5.2011 Official
Journal
of
the
European
Union L
129/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) No 469/2011
of 13 May 2011
amending Regulation (EC) No 1292/2007 imposing a definitive anti-dumping duty on imports of
polyethylene terephthalate (PET) film originating in India
THE COUNCIL OF THE EUROPEAN UNION,
(2) On
8
March
2006,
two
Council
Regulations
concerning
imports of PET film originating in India were published:
Regulation (EC) No 367/2006 ( 6 ) which followed an
Having regard to the Treaty on the Functioning of the European
expiry review investigation and maintained the definitive
Union,
countervailing duty (‘the expiry review anti-subsidy Regu
lation’); and Regulation (EC) No 366/2006 ( 7 ) (‘the
amending anti-dumping Regulation’) which followed a
Having regard to Council Regulation (EC) No 1225/2009 of
partial interim review investigation and amended the
30 November 2009 on protection against dumped imports
definitive anti-dumping duty on such imports.
from countries not members of the European Community ( 1 )
(‘the basic anti-dumping Regulation’), and in particular Articles
9(4) and 14(1) thereof,
(3) On
6
November
2007,
following
an
expiry
review,
a
definitive anti-dumping duty on imports of PET film
originating in India was imposed by Council Regulation
Having regard to Council Regulation (EC) No 597/2009 of
(EC) No 1292/2007 ( 8 ).
11 June 2009 on protection against subsidised imports from
countries not members of the European Community ( 2 ) (‘the
basic anti-subsidy Regulation’), and in particular Article 18(1)
(4) On
20
May
2010,
a
notice
( 9 ) was published in the
thereof,
Official Journal of the European Union. In that notice,
parties were informed that, in view of the judgment of
the General Court of 17 November 2009 in Case
Having regard to the proposal submitted by the European
T-143/06 ( 10 ) (‘the judgement’), imports into the
Commission (‘the Commission’) after having consulted the
European Union of PET film manufactured by MTZ
Advisory Committee,
Polyfilms Limited (‘MTZ Polyfilms’) are no longer
subject to the anti-dumping measures imposed by the
amending anti-dumping Regulation and Regulation (EC)
Whereas:
No 1292/2007 and that definitive anti-dumping duties
paid pursuant to these Regulations on imports of MTZ
Polyfilms should be repaid or remitted. The notice also
1. PROCEDURE
partially reopened the relevant anti-dumping review
investigation concerning imports of PET film originating,
(1) On
10
December
1999
and
following
an
investigation
inter alia, in India in order to implement the above
(‘the original anti-subsidy investigation’), the Council
judgment of the General Court as far as MTZ Polyfilms
imposed, by Regulation (EC) No 2597/1999, a definitive
is concerned.
countervailing duty on imports of polyethylene tereph
thalate (PET) film originating in India ( 3 ). Following an
anti-dumping investigation (‘the original anti-dumping
(5) The
countervailing
duty
imposed
by
the
expiry
review
investigation’) and after imposition, by Commission
anti-subsidy Regulation expired on 9 March 2011 ( 11 )
Regulation (EC) No 367/2001, of a provisional anti-
according to Article 18(1) of the basic anti-subsidy Regu
dumping duty on 24 February 2001 ( 4 ), a definitive
lation. In line with the principle that no product shall be
anti-dumping duty on PET film originating in India was
subject to both anti-dumping and countervailing duties
imposed by Regulation (EC) No 1676/2001 ( 5 ).
( 6 ) OJ L 68, 8.3.2006, p. 15.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 7 ) OJ L 68, 8.3.2006, p. 6.
( 2 ) OJ L 188, 18.7.2009, p. 93.
( 8 ) OJ L 288, 6.11.2007, p. 1.
( 3 ) OJ L 316, 10.12.1999, p. 1.
( 9 ) OJ C 131, 20.5.2010, p. 3.
( 4 ) OJ L 55, 24.2.2001, p. 16.
( 10 ) European Court Reports 2009, p. II-04133.
( 5 ) OJ L 227, 23.8.2001, p. 1.
( 11 ) Notice of expiry (OJ C 68, 3.3.2011, p. 6).

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L 129/2
EN
Official Journal of the European Union
17.5.2011
for the purpose of dealing with one and the same
subsidies. As the countervailing duty has now expired,
situation arising from dumping or from export subsi
the level of the anti-dumping duty rates has to be rede
disation, the level of the anti-dumping duty rates
termined.
imposed by Regulation (EC) No 1292/2007 was set
taking into account the amount of the countervailing
Determination of anti-dumping duty level
duty imposed by the expiry review anti-subsidy Regu
lation, in accordance with Article 14(1) of the basic
(7) Pursuant
to
Article
9(4)
of
the
basic
anti-dumping
Regu
anti-dumping Regulation. In view of the expiry of the
lation, the amount of the anti-dumping duty shall not
countervailing duty, the anti-dumping duty rates now
exceed the margin of dumping established but should be
have to be adjusted.
less than that margin if such lesser duty would be
adequate to remove the injury to the Union industry.
Consequently, the duty level should be established at
the lowest level of the dumping margin and injury elim
2. ANTI-DUMPING DUTY RATES AFTER EXPIRY OF
ination level.
THE COUNTERVAILING DUTY ON THE SAME IMPORTS
(8) In
this
respect,
it
is
recalled
that,
in
the
original
anti-
Introductory remark
dumping investigation, the injury elimination level was
in all cases above the dumping margins, as laid out in
(6)
As indicated in recital 5, the expiry of the countervailing
recital 195 of Regulation (EC) No 367/2001 and
duty on PET film originating in India, on 9 March 2011,
confirmed by recital 74 of Regulation (EC) No
requires an adjustment of the anti-dumping duty rates.
1676/2001. Therefore, the anti-dumping duty should
Indeed, the anti-dumping duty established by Regulation
be set at the level of the dumping margins established
(EC) No 1292/2007 consists of the dumping margin
in respect of the various Indian manufacturers, which are
minus the subsidisation margin relating to export
as follows:
Company
Dumping margin and AD
duty rate
Reference
Ester Industries Limited 29,3
% Regulation
(EC)
No
366/2006
Garware Polyester Limited 0
% Implementing
Regulation
(EU)
No
38/2011
( 1 )
Jindal Poly Films Limited 0
% Regulation
(EC)
No
1676/2001
(*)
Polyplex Corporation Limited 3,7
% Regulation
(EC)
No
366/2006
SRF Limited 15,5
% Regulation
(EC)
No
1424/2006
( 2 )
Uflex Limited 3,2
% Regulation
(EC)
No
366/2006
(**)
Vacmet India Limited 0
% Implementing
Regulation
(EU)
No
205/2011
( 3 )
All other companies (except MTZ
29,3 % Regulation
(EC)
No
366/2006
Polyfilms)
( 1 ) OJ L 15, 20.1.2011, p. 1.
( 2 ) OJ L 270, 29.9.2006, p. 1.
( 3 ) OJ L 58, 3.3.2011, p. 14.
(*) Jindal Poly Films Limited was at that time known as Jindal Polyester Limited.
(**) Uflex Limited was at that time known as Flex Industries Limited.
(9) All
known
Indian
exporting
producers
of
PET
film,
the
Polyester Limited, which was one of the companies in the
Indian authorities and the Union industry of PET film
sample, had recently been made subject to a revised
have received disclosure of the above course of action.
individual dumping margin. It should be noted that
both claims go beyond the limited scope of the current
(10) Following this disclosure, several Indian companies
Regulation which only aims at adjusting the level of the
argued that, as no expiry review was requested for the
existing anti-dumping duty rates following the expiry of
countervailing measures, the Union industry was
the concurrent countervailing measures on the same
apparently in good shape and, therefore, the anti-
imports. Any request to amend the level of the anti-
dumping measures should be terminated as well. In
dumping duty rates following an alleged change in
addition, one exporting producer argued that the
circumstances should be presented pursuant to
average dumping margin of the sample should be recal
Article 11(3) of the basic Regulation. Therefore, these
culated since, following an interim review, Garware
claims have to be rejected.

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EN
17.5.2011 Official
Journal
of
the
European
Union L
129/3
(11) One Indian exporting producer
argued that, as the
(12) No further substantive comments were received.
countervailing duties had expired, the Commission
Consequently, the duty rates should be revised to the
should now grant a price adjustment to the Indian
levels of the dumping margin, as indicated in the table
exporters using the DEPB scheme, which it had refused
under recital 8 above,
during the original investigation and interim review
investigation. Without prejudice to whether such claim
HAS ADOPTED THIS REGULATION:
could be examined in the context of the current
amending Regulation, it should be noted that, as
summarised in recital 50 of Regulation (EC) No
Article 1
367/2001 and recital 47 of the amending anti-
dumping Regulation, the price adjustment claim for
Article 2(2) of Regulation (EC) No 1292/2007 is replaced by
DEPB had not been accepted as the producers
the following:
concerned had not demonstrated that price comparability
between domestic and EU sales prices had been affected
‘2. The
rate
of
the
definitive
anti-dumping
duty
applicable
by the DEPB benefits. That situation has not changed
to the net, free-at-Union-frontier price, before duty, of the
with the expiry of the countervailing duty and this
products manufactured by the companies listed below shall
claim, therefore, has to be rejected.
be as follows:
Company
Definitive Duty
(%)
TARIC Additional Code
Ester Industries Limited
29,3 A026
75-76, Amrit Nagar,
Behind South Extension Part-1,
New Delhi — 110 003,
India
Garware Polyester Limited
0 A028
Garware House,
50-A, Swami Nityanand Marg,
Vile Parle (East),
Mumbai 400 057,
India
Jindal Poly Films Limited
0 A030
56 Hanuman Road,
New Delhi 110 001,
India
Polyplex Corporation Limited
3,7 A032
B-37, Sector-1,
Noida 201 301,
Dist. Gautam Budh Nagar,
Uttar Pradesh,
India
SRF Limited
15,5 A753
Block C, Sector 45,
Greenwood City,
Gurgaon 122 003, Haryana,
India
Uflex Limited
3,2 A027
A-1, Sector 60,
Noida 201 301, (U.P.),
India
Vacmet India Limited
0 A992
Anant Plaza, IInd Floor, 4/117-2A,
Civil Lines, Church Road,
Agra 282 002, Uttar Pradesh,
India
All other companies (except MTZ Polyfilms Limited – TARIC addi
29,3 A999
tional code A031 ( 1 ))
( 1 ) As regards MTZ Polyfilms Limited (New India Centre, 5th Floor, 17 Co-operage Road, Mumbai 400039, India), reference is made to the
notice published in OJ C 131, 20.5.2010, p. 3.’

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L 129/4
EN
Official Journal of the European Union
17.5.2011
Article 2
This Regulation shall enter into force on the day following 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, 13 May 2011.
For the Council
The President
MARTONYI J.

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