22.9.2009 Official Journal of the European Union L 248/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 862/2009 of 15 September 2009 terminating the partial interim review of the anti-dumping measures imposed by Regulation (EC) No 1487/2005 on imports of certain finished polyester filament fabrics 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), and in particular Article 11(3) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: 1. MEASURES IN FORCE By Regulation (EC) No 1487/2005 (%) (the original Regu- lation), the Council imposed a definitive anti-dumping duty on imports of certain finished polyester filament fabrics (PFF or ‘the product concerned) originating in the People’s Republic of China (PRC or ‘the country concerned). The investigation period used in the investi- gation that led to the aforesaid Regulation (the original investigation) was the period from 1 April 2003 to 31 March 2004 (the original IP). Following an anti-absorption reinvestigation, these measures were amended by Regulation (EC) No 1087/2007 (°). The duty rates currently in force range from 14,1 % to 74,8 %. 2. PROCEDURE 2.1. Request for review On 1 April 2008, the Commission received a request pursuant to Article 11(3) of the basic Regulation to 56, 6.3.1996, p. 246, 21.9.2007, 0] L 1. 0] L 240, 16.9.2005, p. 1. 0J L p. 1 initiate a partial interim review to examine whether certain product types fall within the scope of the current anti-dumping measures. The request was lodged by Hipeden GmbH & Co. KG (the applicant), an importer located in Germany. The applicant alleged that the product it imports is only used to produce a special adhesive tape for insulation of cables within the wiring harnesses of engines, mainly engines of cars (hereinafter ‘tape’ grade), and that the technical and chemical characteristics of this ‘tape’ grade are different from those of the product concerned as defined in the original investigation. In particular, the tensile strength and the colouring of ‘tape’ grade seemed to be different. The applicant alleged that ‘tape’ grade should therefore be considered as being outside the scope of the original investigation and thus not be subject to the abovementioned measures. 2.2. Initiation Having determined, after consulting the Advisory Committee, that sufficient evidence existed to justify the initiation of a partial interim review, the Commission announced by a notice published on 26 June 2008 in the Official Journal of the European Union (*) the initiation of a partial interim review in accordance with Article 11(3) of the basic Regulation, limited to the examination of the product scope. In particular, the review had to determine whether or not ‘tape’ grade is part of the product concerned as defined in the original investigation. (4 O] C 163, 26.6.2008, p. 38.