30.12.2009 Official Journal of the European Union L 352/1 (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 1294/2009 of 22 December 2009 imposing a definitive anti-dumping duty on imports of certain footwear with uppers of leather originating in Vietnam and originating in the People’s Republic of China, as extended to imports of certain footwear with uppers of leather consigned from the Macao SAR, whether declared as originating in the Macao SAR or not, following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning 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 Articles 9(4) and 11(2) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. MEASURES IN FORCE (1) On 5 October 2006, the Council, by Regulation (EC) No 1472/2006 () (the ‘original Regulation’), imposed a definitive anti-dumping duty on imports of certain footwear with uppers of leather originating in the People’s Republic of China (PRC' or ‘China’) and Vietnam (the ‘countries concerned’). The established duty levels were ranging from 9,7 % to 16,5 % in case of the PRC and 10 % in case of Vietnam. Measures were imposed for a period of two years. The investigation that led to these measures will be referred to as the ‘original investigation’. () OJ L 56, 6.3.1996, p. 1. OJ L 275, 6.10.2006, p. 1. (2) By Regulation (EC) No 388/2008 (}) (the ‘extending Regulation’), the Council extended the anti definitive anti-dumping duty on imports of certain footwear with uppers of leather originating in the PRC to imports consigned from the Macao Special Administrative Region ('SAR’), whether declared as originating in the Macao SAR or not. The extension followed an anti- circumvention investigation carried out pursuant to Article 13(3) of the basic Regulation. 2. PRESENT INVESTIGATION 2.1. Request for review (3)  The request was lodged by the European Confederation of the Footwear Industry (CEC, ‘the applicant’), on behalf of producers representing a major proportion, in this case more than 35 %, of the total Union production of certain footwear with uppers of leather. 4 In the framework of the standing test several national associations of footwear producers in Member States expressed their views vis-a-vis the opening of the expiry review and requested that their names be kept confidential for fear that their member companies could face retaliation from some customers. Some other parties questioned why the names and the positions of the opposing and supporting associations have been kept confidential. The Commission asked the associations explicitly again whether they could agree to a disclosure of their name and position. Four associations agreed to disclose their names and positions, whereas the others opposed, referring once more to their fear for retaliation against their member companies. The Commission took the view that there indeed was a significant possibility of retaliation in the form of lost sales for these producers and accepted that names should not be disclosed. () O] L 117, 1.5.2008, p. 1.