19.9.2008 Official Journal of the European Union L 2511 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 906/2008 of 15 September 2008 terminating the new exporter review of 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 (') (the basic Regulation), and in particular Article 9(4) and Article 11(4) 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 (?) (the original Regulation), imposed a definitive anti-dumping duty on imports of certain magnesia bricks originating in the People’s Republic of China (the 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 new exporter review of Regulation (EC) No 1659/2005, pursuant to Article 11(4) of the basic Regulation, from a Chinese exporting producer, Yingkou Dalmond Refrac- tories Co. Ltd (the applicant). The applicant claimed that it was not related to any of the exporting producers in the PRC subject to the anti-dumping measures in force with regard to magnesia bricks. Furthermore, it claimed that it had not exported magnesia bricks during the () O] L 56, 6.3.1996, p. 1. () O] L 267, 12.10.2005, p. 1. original period of investigation (from 1 April 2003 to 31 March 2004), but had exported them to the Community after that period. 1.3. Initiation of a new exporter review (3)  The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with Article 11(4) of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 1536/2007 (}), a review of Regulation (EC) No 1659/2005 with regard to the applicant. (4)  Pursuant to Commission Regulation (EC) No 1536/2007, the anti-dumping duty of 39,9 % imposed by Regulation (EC) No 1659/2005 was repealed with regard to imports of magnesia bricks produced and sold for exports to the Community by the applicant. Simultaneously, pursuant to Article 14(5) of the basic Regulation, customs au- thorities were directed to take appropriate steps to register such imports. 1.4. Product concerned and like product (5)  The product concerned is the same as that described in the original Regulation, ie. chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80 % MgO, whether or not containing magnesite, originating in the PRC, currently classifiable within CN codes ex 6815 91 00, ex 681599 10 and ex 681599 90 (TARIC codes 681591 00 10, 681599 10 20 and 6815 99 90 20). (6)  The like product is also the same as that defined in the original Regulation. () OJ L 337, 21.12.2007, p. 42.