21.5.2009 Official Journal of the European Union L 125/1 | (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 412/2009 of 18 May 2009 amending Regulation (EC) No 428/2005 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the People’s Republic of China and Saudi Arabia, amending Regulation (EC) No 2852/2000 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the Republic of Korea and terminating the anti-dumping proceeding in respect of such imports originating in Taiwan THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 233 thereof, 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 9(4) thereof, Having regard to the proposal submitted by the Commission after having consulted the Advisory Committee, Whereas: 1 2 4 () O () O () 0 () 0 A. PROCEDURE In October 1999, the Commission initiated an investi- gation (3 with regards to imports of polyester staple fibres (PSF) originating in the Republic of Korea (‘original investigation’). In July 2000 provisional anti- dumping duties were imposed by Commission Regu- lation (EC) No 1472/2000 (*) and in December 2000 definitive anti-dumping duties were imposed by Council Regulation (EC) No 2852/2000 (4). L 56, 6.3.1996, p. 1. C 285, 7.10.1999, p. 3. L 166, 6.7.2000, p. 1. L 332, 28.12.2000, p. 17. ) G) Pursuant to Article 11(3) of the basic Regulation, the Commission initiated (°). an interim review (‘Treview inves- tigation’) of the anti-dumping duties on imports of PSF originating, inter alia, in the Republic of Korea in December 2003. The duties on imports from the Republic of Korea were amended by Council Regulation (EC) No 428/2005 (%), hereinafter ‘Regulation 428/2005". On 10 June 2005, Huvis Corporation (Huvis') lodged a request (') before the Court of First Instance of the European Communities (‘CFI) to annul Article 2 of Regu- lation 428/2005 as far as the anti-dumping duty rate with regard to Huvis was concerned. On 8 July 2008, the CFI (%) annulled Article 2 of Regu- lation 428/2005 with regard to Huvis. The CFI found, inter alia, that the Institutions did not sufficiently justify the use of different methodologies applied in the original investigation on the one hand and the review investigation on the other hand when calculating Huvis' individual duty rate. The findings of the Institutions in this regard were therefore considered inconsistent with Article 11(9) of the basic Regulation. Article 2 of Regulation 428/2005 was consequently annulled to the extent to which the anti-dumping duty imposed on exports into the European Community of goods produced and exported by Huvis exceeded that which would be applicable if the method applied in the original investigation had been used. C 309, 19.12.2003, p. 2. L 71, 17.3.2005, p. 1. C 193, 6.8.2005, p. 38. C 209, 15.8.2008, p. 44.