17.5.2008 Official Journal of the European Union L 1291 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 426/2008 of 14 May 2008 amending Regulation (EC) No 1212/2005 imposing a definitive anti-dumping duty on imports of certain castings originating in the People’s Republic of China 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 (') (the ‘basic Regulation’), Having regard to Article 1(4) of Council Regulation (EC) No 1212/2005 of 25 July 2005 imposing a definitive anti-dumping duty on imports of certain castings originating in the People’s Republic of China (3), Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. MEASURES IN FORCE (1) By Regulation (EC) No 1212/2005, the Council imposed a definitive anti-dumping duty on imports into the Community of castings of non-malleable cast iron of a kind used to cover and/or give access to ground or sub- surface systems, and parts thereof, whether or not machined, coated or painted or fitted with other materials, excluding fire hydrants, originating in the People’s Republic of China (PRC) (the product concerned’), normally declared within CN codes 73251050, 73251092 and ex 73251099 (TARIC code 732510 99 10). Given the large number of coop- erating parties, a sample of Chinese exporting producers was selected during the investigation which led to the imposition of the measures. (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). (® OJ L 199, 29.7.2005, p. 1. Regulation as last amended by Regu- lation (EC) No 268/2006 (O] L 47, 17.2.2006, p. 3). @) The sampled companies were attributed the individual duty rates established during the investigation. The coop- erating non-sampled companies which were granted market economy treatment (MET), in accordance with the provisions of Article 2(7)(c) of the basic Regulation, were attributed the 0 % dumping duty which was estab- lished for the sole sampled company which was granted MET. The cooperating non-sampled companies which were granted individual treatment (IT), in accordance with the provisions of Article 9(5) of the basic Regu- lation, received the weighted average duty of 28,6 % established for the sampled companies that were granted IT. A countrywide duty of 47,8 % was imposed on all other companies. Article 1(4) of Regulation (EC) No 1212/2005 gives the possibility to Chinese exporting producers which meet the four criteria set out in that Article to be granted the same treatment as the one mentioned in recital (2) above for the cooperating companies not included in the sample (New Exporting Producer Treatment’ or ‘NEPT’). B. NEW EXPORTING PRODUCERS’ REQUESTS Nine companies have requested to be granted NEPT. An examination has been carried out to determine whether each of the applicants fulfils the criteria for being granted NEPT as set out in Article 1(4) of Regu- lation (EC) No 1212/2005, by verifying that: 1. it did not export to the Community the products described in recital (1) above during the investigation period (1 April 2003 to 31 March 2004); 2. it is not related to any of the exporters or producers in the People’s Republic of China which are subject to the anti-dumping measures imposed by that Regu- lation;