4.9.2008 Official Journal of the European Union L 2371 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 865/2008 of 27 August 2008 extending the suspension of the definitive anti-dumping duty imposed by Regulation (EC) No 1420/2007 on imports of silico-manganese originating in the People’s Republic of China and Kazakhstan 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 14(4) thereof, Having regard to the proposal submitted by the Commission, after consulting the Advisory Committee, Whereas: A. PROCEDURE (1) The Council, by Regulation (EC) No 1420/2007 (3), imposed a definitive anti-dumping duty on imports of silico-manganese  (including  ferro-silico-manganese) (SiMn) originating in the People’s Republic of China (PRC) and Kazakhstan, falling within CN codes 72023000 and ex81110011 (TARIC code 811100 11 10) (the product concerned). The rate of the anti-dumping duty is 8,2 % and 6,5 % for imports of the product concerned originating in the PRC and Kazakhstan respectively. (2) By Decision 2007/789[EC (}) (the Decision), the Commission suspended the definitive anti-dumping duties for a period of nine months, with effect from 6 December 2007. B. GROUNDS FOR EXTENDING OF THE SUSPENSION (3)  Article 14(4) of the basic Regulation provides that, in the Community interest, anti-dumping measures may be () O] L 56, 6.3.1996, p. 1. () O] L 317, 5.12.2007, p. 5. () O] L 317, 5.12.2007, p. 79. suspended on the grounds that market conditions have temporarily changed to an extent that injury would be unlikely to resume as a result of such suspension, provided that the Community industry has been given an opportunity to comment and these comments have been taken into account. Article 14(4) also specifies that the suspension may be extended for a further period, not exceeding one year, if the Council so decides, acting on a proposal from the Commission. Article 14(4) further specifies that the measures concerned may be reinstated at any time if the reason for suspension is no longer applicable. Following the suspension of the definitive anti-dumping duties, the Commission has, in accordance with recital 13 of the Decision, continued to monitor the develop- ments on the market, in particular with regard to the flow of imports and the prices of SiMn. In addition to such analysis of the imports, a questionnaire was also sent to co-operating Community producers requesting monthly data on production, sales in volume and value on the Community market as well as profitability for the last quarter of 2007 and the first quarter of 2008. On the basis of the information gathered, it was estab- lished that market prices of SiMn on the Community market continued to be relatively high and significantly higher than during the original investigation period (1 July 2005 to 30 June 2006). A continuous increase can be observed from the third quarter of year 2006 with an average price of 622 EUR/MT, through an average of 1051 EUR/MT in the third quarter of year 2007 and an average 1 189 EUR/MT in the first quarter of year 2008. These trends were also observed for imports of SiMn into the Community. As regards imports, between the period investigated for the Decision suspending the measures (from 1 October 2006 to 30 September 2007) (the ‘Decision IP’) and the period from 1 March 2007 to 29 February 2008 (the ‘Monitoring Period’) the market share of imports of SiMn originating in the PRC and Kazakhstan increased only