30.12.2009 Official Journal of the European Union L 351/1 (Acts adopted from 1 December 2009 under the Treaty on European Union, the Treaty on the Functioning of the European Union and the Euratom Treaty) ACTS WHOSE PUBLICATION IS OBLIGATORY COUNCIL IMPLEMENTING REGULATION (EU) No 1297/2009 of 22 December 2009 repealing the anti-dumping duty imposed by Regulation (EC) No 172/2008 on imports of ferro- silicon originating in the former Yugoslav Republic of Macedonia THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, 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 11 paragraphs 3 and 6 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 172/2008 (?) (the original Regulation’), imposed a definitive anti-dumping duty on imports of ferro-sillicon (FeSi’) originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia. The measures consist of ad valorem duties in the range of 5,4 % to 33,9 % depending on the country of origin, with the exception of four 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 a request for a partial interim review pursuant to Article 11(3) of the basic Regulation (‘the interim review’). The request, limited in scope to the examination of dumping, was lodged by an exporting producer from the former Yugoslav Republic of Macedonia, Silmak Dooel Export Import (the applicant or ‘Silmak’). The applicant cooperated in the investigation which led to the findings and conclusions laid down in the original Regulation (the original investigation’). The anti-dumping duty applicable to the applicant, which is the only known exporting producer of the product () OJ L 56, 6.3.1996, p. 1. () O] L 55, 28.2.2008, p. 6. concerned originating in the former Yugoslav Republic of Macedonia, is 5,4 %. (3)  In its request for the interim review, the applicant argued that a comparison of its constructed normal value and its export prices to the Union indicated that the dumping margin was substantially lower than the current level of measure. Therefore, it claimed that the continued appli- cation of the measure at its current level was no longer necessary to offset dumping. 1.3. Initiation of a partial interim review (4)  Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an interim review, the Commission decided to initiate a partial interim review in accordance with Article 11(3) of the basic Regulation, limited in scope to the examination of dumping as far as Silmak is concerned. The Commission published a notice of initiation on 22 April 2009 in the Official Journal of the European Union (*) and commenced an investigation. 1.4. Product concerned and like product (5)  The product concerned by the interim review is the same as that in the original investigation, i.e. a ferro-alloy containing by weight more than 8 % and less than 96 % silicon and at least 4 % iron. Production of FeSi takes place in electric arc furnaces by means of reducing quartz using carbon-bearing products. The product is essentially used as a deoxidiser and as an alloying component in the iron and steel industry. FeSi is sold in the form of lumps, grains or powder and exists in various qualities depending on the silicon and the impurity content (e.g. aluminium). FeSi with a silicon content of 70 % and higher was considered as high purity, with a silicon content of more than 55 % and less than 70 % as medium purity, and with a silicon content of less than 55% as low purity FeSi. The product concerned currently falls within CN codes 7202 21 00, 7202 29 10. and 7202 29 90. () O] C 93, 22.4.2009, p. 22.