9.4.2008 Official Journal of the European Union L 96/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 320/2008 of 7 April 2008 repealing the countervailing duty imposed on imports of certain electronic microcircuits known as DRAMs (Dynamic Random Access Memories) originating in the Republic of Korea and terminating the proceeding THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (') (the basic Regulation) and in particular Article 19 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE I. Existing measures (1) By Council Regulation (EC) No 1480/2003 (3 (the de- finitive duty Regulation), the Council imposed a definitive countervailing duty of 34,8 % on imports of certain elec- tronic microcircuits known as Dynamic Random Access Memories (DRAMs) originating in the Republic of Korea and manufactured by all companies other than Samsung Electronics Co., Ltd (Samsung), for which a 0 % duty rate was established. The definitive duty Regulation was preceded by Commission Regulation (EC) No 708/2003 of 23 April 2003 imposing a provisional countervailing duty on imports of certain electronic microcircuits known as DRAMs (dynamic random access memories) originating in the Republic of Korea (%) (the provisional duty Regulation). () OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu- lation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). (® OJ L 212, 22.8.2003, p. 1. Regulation as amended by Regulation (EC) No 2116/2005 (O] L 340, 23.12.2005, p. 7). () O] L 102, 24.4.2003, p. 7. (2)  Following a report adopted by the Dispute Settlement Body of the World Trade Organisation (4) (the EC-Korea DRAMs Panel Report), the Council adopted Regulation (EC) No 584/2006 (°), implementing the recommen- dations made by the Panel Report and lowering the de- finitive countervailing duty to 32,9 % (the implementing Regulation). II. Ex officio initiation of a partial interim review (3)  The Community producers Micron Europe Ltd and Qimonda AG (formerly, Infineon Technologies AG) provided prima facie evidence to the Commission indi- cating that Hynix Semiconductor Inc. (Hynix) was in receipt of additional subsidies in the period following the investigation period of the original investigation. Additionally, Hynix submitted a request for a partial interim review alleging that the subsidies found to be countervailable in the original investigation had ceased to exist. (4 In view of the submissions above, the Commission decided to proceed ex officio. III. Investigation (5)  Having determined that sufficient evidence existed to justify the initiation of a partial interim review and having consulted the Advisory Committee, the Commission announced on 18 March 2006, by a Notice of Initiation published in the Official Journal of the European Union (°), the ex officio initiation of a partial interim review, in accordance with Article 19 of the basic Regulation. () WT/DS299/R European Communities — Countervailing Measures on Dynamic Random Access Memory Chips from Korea, adopted on 3 August 2005. () O] L 103, 12.4.2006, p. 1. (% O] C 67, 18.3.2006, p. 16.