11.9.2009 Official Journal of the European Union L 240[1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 825/2009 of 7 September 2009 amending Regulation (EC) No 1659/2005 imposing a definitive anti-dumping duty on imports of certain magnesia bricks 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 (') (hereinafter referred to as 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. PROCEDURE 1.1. Existing measures (1) The Council, by Regulation (EC) No 1659/2005 (?) (here- inafter referred to as original Regulation), imposed a definitive anti-dumping duty on imports of certain magnesia bricks originating in the People’s Republic of China (PRC). The measures consist of an ad valorem duty rate of 39,9 %, with the exception of six companies expressly mentioned in the original Regulation which are subject to individual duty rates. 1.2. Request for a review (2)  Subsequent to the imposition of definitive measures, the Commission received an application to initiate a partial () OJ L 56, 6.3.1996, p. 1. 0J L 267, 12.10.2005, p. 1. interim review of the original Regulation (hereinafter referred to as interim review), pursuant to Article 11(3) of the basic Regulation, from a Chinese exporting producer, Bayuquan Refractories Company Limited (here- inafter referred to as ‘the applicant’ or ‘BRC). The applicant did not participate in the investigation which led to the findings and conclusions laid down in the original Regulation (hereinafter referred to as the original investigation) and therefore the residual anti- dumping duty is applied to it. (3)  In its application for the interim review BRC claimed that it meets the criteria for market economy treatment (here- inafter referred to as MET) and individual treatment (hereinafter referred to as IT). BRC was purchased by the Vesuvius Group which resulted in changes in its corporate structure. The applicant argued that a comparison of its domestic prices and cost of production and export prices to the Community indicates that the dumping margin is substantially lower than the current level of measure. Therefore, it claimed that the continued application of the measure at its current level was no longer necessary to offset dumping. 1.3. Initiation of a partial interim review (4)  Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an interim review, the Commission decided to initiate a partial interim review in accordance with Article 11(3) of the basic Regulation, limited in scope to the examination of dumping as far as BRC is concerned. The Commission published a notice of initiation on 12 June 2008 in the Official Journal of the European Union (*) and commenced an investigation. () O] C 146, 12.6.2008, p. 27.