25.8.2009 Official Journal of the European Union L 2211 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 768/2009 of 17 August 2009 amending Regulation (EC) No 1890/2005 imposing a definitive anti-dumping duty on imports of certain stainless steel fasteners and parts thereof originating, inter alia, in Vietnam 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 11(3) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Measures in force (1) By Regulation (EC) No 1890/2005 of 14 November 2005 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel fasteners and parts thereof originating in the People’s Republic of China, Indonesia, Taiwan, Thailand and Vietham and ter- minating the proceeding on imports of certain stainless steel fasteners and parts thereof originating in Malaysia and the Philippines (?), the Council imposed a definitive anti-dumping duty on imports of certain stainless steel fasteners and parts thereof (SSF) originating, inter alia, in Vietnam. The Regulation will hereinafter be referred to as ‘the original Regulation’ and the investigation that led to () OJ L 56, 6.3.1996, p. 1. () 0] L 302, 19.11.2005, p. 1. the measures imposed by the original Regulation will be hereinafter referred to as ‘the original investigation’. 2. Request for a review (2) A request for a partial interim review (the present review) pursuant to Article 11(3) of the basic Regulation was lodged by Header Plan Co. Ltd, a Vietnamese exporting producer of SSF (the applicant’ or ‘HPV’). The request was limited in scope to dumping and to the applicant company. (3)  The applicant provided prima facie evidence that the continued application of the measure at its current level was no longer necessary to offset dumping. In particular, the applicant provided prima facie evidence showing that it meets the criteria for market economy treatment (MET) and individual treatment (IT). Furthermore, in the absence of domestic sales, a comparison of its costs of production and export prices to the Community indicated that the dumping margin appeared to be substantially lower than the current level of the measure. 3. Investigation (4)  Having determined, after consulting the Advisory Committee, that the request contained sufficient prima facie  evidence, the Commission announced on 13 August 2008 the initiation of a partial interim review pursuant to Article 11(3) of the basic Regulation by a notice of initiation published in the Official Journal of the European Union (3). (5)  The review was limited in scope to the examination of dumping in respect of the applicant. The investigation of dumping covered the period from 1 July 2007 to 30 June 2008 (‘the review investigation period’ or ‘RIP). () O] C 206, 13.8.2008, p. 12.