Regulation 2009/626 - Conclusion of the partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 of the anti-dumping duty on imports of certain graphite electrode systems from India - Main contents
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official title
Council Regulation (EC) No 626/2009 of 13 July 2009 concluding the partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 of the anti-dumping duty on imports of certain graphite electrode systems originating in India| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2009/626 |
| Original proposal | COM(2009)289  |
| CELEX number i | 32009R0626 |
| Document | 13-07-2009 |
|---|---|
| Publication in Official Journal | 17-07-2009; OJ L 185, 17.7.2009,Special edition in Croatian: Chapter 11 Volume 062 |
| Effect | 18-07-2009; Entry into force Date pub. + 1 See Art 2 |
| End of validity | 31-12-9999 |
17.7.2009 |
EN |
Official Journal of the European Union |
L 185/16 |
COUNCIL REGULATION (EC) No 626/2009
of 13 July 2009
concluding the partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 of the anti-dumping duty 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 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Articles 9 and 11(3) thereof,
Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,
Whereas:
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1.EXISTING MEASURES
(1) |
Following an investigation (‘the original investigation’), the Council, by Regulation (EC) No 1629/2004 (2) imposed a definitive anti-dumping duty on imports of certain graphite electrode systems originating in India. |
1.1. Initiation of an interim review
(2) |
On the request of Hindustan Electro Graphite Limited (‘HEG’ or ‘the company’), an Indian exporting producer subject to the anti-dumping measures in force, a partial interim review of the above-mentioned Regulation was initiated pursuant to Article 11(3) of the basic Regulation. |
(3) |
This partial interim review was initiated based on prima facie evidence provided by the company that, as far as they were concerned, the circumstances on the basis of which measures were established had changed and that these changes were of a lasting nature. |
(4) |
The request alleged that the cost of production of the product concerned had reduced due to production efficiencies since the original investigation, and that the company had been able to significantly increase their export prices. They claimed therefore that the continued imposition of measures at the existing level, which were based on the level of dumping previously established, was no longer necessary to offset dumping. |
(5) |
Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of a partial interim review, the Commission published a notice (‘Notice of Initiation’) (3) and commenced an investigation, limited in scope to the examination of dumping. |
1.2. Parties concerned by the investigation
(6) |
The Commission officially advised HEG, as well as the representatives of the exporting country and the Community industry, of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to request a hearing. |
(7) |
The Commission sent a questionnaire to the applicant and received a reply within the deadlines set for that purpose. The Commission sought and verified all the information it deemed necessary for the determination of dumping and carried out a verification visit at the premises of HEG in Bhopal, India. |
1.3. Review investigation period
(8) |
The investigation of dumping covered the period from 1 April 2007 to 31 March 2008 (‘the review investigation period’ or ‘RIP’). |
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2.PRODUCT CONCERNED AND LIKE PRODUCT
2.1. Product concerned
(9) |
The product concerned by the current review is the same as that in the original investigation, i.e. graphite electrodes of a kind used for electric furnaces, with an apparent density of 1.65 g/cm3 or more and an electrical resistance of 6.0 μΩ.m or less, falling within CN code ex 8545 11 00 and nipples used for such electrodes, falling within CN code ex 8545 90 90 whether imported together or separately, originating in India. |
2.2. Like product
(10) |
The current review has shown that the graphite electrode... |
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