3.3.98 Official Journal of the European Communities L 62/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 495/98 of 23 February 1998 imposing a definitive anti-dumping duty on imports of ferro-silico-manganese originating in the People’s Republic of China, amending Regulation (EC) No 2413/95 in respect of anti-dumping measures concerning imports of ferro-silico- manganese originating in Ukraine and terminating the proceeding in respect of imports of ferro-silico-manganese originating in Brazil, South Africa and Russia 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 ('), and in particular Articles 9(4) and 11(3) thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. General (1) By Regulation (EC) No 2413/95 (%), the Council imposed definitive anti-dumping duties on imports of ferro-silico-manganese originating in Brazil, Russia, South Africa and Ukraine. The measures imposed took the form of variable duties, set as the difference between a minimum import price for each of the countries concerned and the net free-at-Community frontier price, before duty, in all cases where the net, free-at-Community frontier price, before duty, is less than the minimum import price. (2)  In addition, the Commission accepted undertak- ings (%) offered by the South African and Ukrainian exporters. Subsequently, however, one of the South African exporters withdrew its undertaking, thus necessitating the amendment of the definitive measures imposed by Regulation (EC) No 2413/95 by Regulation (EC) No 92/96 () and the imposi- () OJ L 56, 6. 3. 1996, tion (EC) No 2331/96 (O] L 317, 6. 12. 1996, p. 1). () OJ L 248, 14. 10. 1995, p. 1. () OJ L 248, 14. 10. 1995, p. S6. () OJ L 18, 24. 1. 1996, p. 1. p- 1. Regulation as amended by Regula- (5 (6 ) ) 0J C 381, 0J C 381 tion of a variable duty against the company in question. Unless otherwise specified, the invest- igation which led to the imposition of the above measures is hereinafter referred to as ‘the original investigation’. In Regulation (EC) No 2413/95, the Council requested the Commission to examine the Community market for ferro-silico-manganese following the imposition of the measures and to initiate a review thereof as promptly as possible, if the circumstances so warranted. As the available economic indicators showed that the market price for the product in question had dropped by 13 % between October 1995 and August 1996, it was decided to initiate an interim review of the meas- ures for all the countries concerned. To this end, on 17 December 1996, the Commis- sion announced, by a notice published in the Offi- cial Journal of the European Communities (°), the initiation of an interim review of Regulation (EC) No 2413/95, in respect of ferro-silico-manganese originating in Brazil, Russia, South Africa and Ukraine, and commenced an investigation (herein- after referred to as the ‘review investigation’) pursuant to Article 11(3) of Regulation (EC) No 384/96 (hereinafter referred to as ‘the Basic Regula- tion’). On the same date, a parallel investigation (°) was initiated in respect of imports of ferro-silica- manganese originating in the People’s Republic of China (hereinafter referred to as the ‘new investiga- tion’), following a complaint lodged by EuroAl- liages, the  Association representing the Community producers of ferro-silico-manganese. 17. 12. 1996, p. 5. , 17. 12 1996, p. 4.