11.9.2009 Official Journal of the European Union L 240[7 COUNCIL REGULATION (EC) No 826/2009 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 (') (basic Regulation), and in particular Article 11(3) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: () ) 0] 0] A. PROCEDURE 1. Measures in force The Council, by Regulation (EC) No 1659/2005 (?) (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. 2. Request for review In 2008, the Commission received a request for a partial interim review pursuant to Article 11(3) of the basic Regulation (interim review). The request, limited in scope to the examination of dumping, was lodged by a Chinese exporting producer, Dashigiao Sangiang Refractory Materials Company Limited (DSRM or the applicant). The rate of the definitive anti-dumping duty applicable to products manufactured by DSRM is 27,7 %. In its request for the interim review the applicant claimed that the circumstances on the basis of which the measure was imposed had changed and that these changes were of a lasting nature. 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 L 56, 6.3.1996, p. 1. L 267, 12.10.2005, p. 1. application of the measure at its current level would no longer be necessary to offset dumping. In particular, the applicant provided prima facie evidence showing that it meets the criteria for market economy treatment (MET). 3. Initiation Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an interim review, the Commission decided to initiate an interim review in accordance with Article 11(3) of the basic Regulation, limited in scope to the examination of dumping as far as DSRM 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. 4. Product concerned and like product The product concerned by the interim review is the same as that described in the original Regulation, i.e. chemically bonded, wunfired magnesia bricks, the magnesia component of which contains at least 80 % MgO, whether or not containing magnesite, originating in the PRC (product concerned), currently falling within CN codes ex68159100, ex68159910 and ex 6815 99 90 (TARIC codes 6815 91 00 10, 681599 10 20 and 6815 99 90 20). The product produced and sold on the Chinese domestic market and that exported to the Community, as well as that produced and sold in the USA have the same basic physical, technical and chemical characteristics and uses, and are therefore considered to be alike within the meaning of Article 1(4) of the basic Regulation. 5. Parties concerned The Commission officially advised the Community industry, the applicant and the authorities of the exporting country of the initiation of the interim review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time-limit set out in the notice of initiation. All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing. () O] C 146, 12.6.2008, p. 30.