14.2.98 Official Journal of the European Communities L 42/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 351/98 of 12 February 1998 amending Regulation (EC) No 3359/93 as far as anti-dumping measures on certain imports of ferro-silicon originating in Brazil are concerned 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 ('), and in particular Article 11(3) thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Previous investigations ()  Anti-dumping measures on imports of ferro-silicon originating in Brazil have been in force since 1987 when definitive anti-dumping duties were imposed on these imports by Regulation (EEC) No 3650/ 87 (%), with the exception of imports from certain exporters for which either no dumping was found or undertakings had been accepted by the Commission (3). (2)  Subsequently, in May 1990 () and in May 1992 (%), two interim reviews of the measures covering dumping and injury were initiated at the Commis- sions’s initiative and at the request of the Community industry respectively. As a result of the most recent of these reviews the definitive anti- dumping duty which is the subject of the present investigation was imposed in 1993 by Council Regulation (EC) No 3359/93 (¥). tion (EC) No 2331/96 (O] L 317, 6. 12. 1996, p. 1). OJ L 219, 8. 8. 1987, p. 24. 0] C 109, 3. 5. 1990, p. 5. OJ C 115, 6. 5. 1992, p. 2. OJ L 302, 9. 12. 1993, p. 1. Regulation as last amended by Regulation (EC) No 1171/95 (O] L 118, 25. 5. 1995, p. 7). 2. Present investigation (3 On 4 July 1996 the Brazilian exporter Companhia Brasileira Carbureto de Calcio lodged a request for an interim review of the anti-dumping measures applicable to it limited to the aspects of dumping pursuant to Article 11(3) of Council Regulation (EC) No 384/96 (hereinafter referred to as the Basic Regulation). The request alleged that the continued imposition of the anti-dumping duties on its exports to the Community was no longer necessary to offset dumping since its export prices were substantially higher than those established in the investigation leading to the existing measures. Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an interim review, the Commission published a notice of initiation (") and commenced an investigation. (4) Following the initiation of the review, the Commission received on 7 October 1996 a request from another exporter in Brazil, Cia. de Ferro Ligas da Bahia (Ferbasa), for its inclusion in the scope of the interim review. That company alleged that the continued imposition of the anti-dumping meas- ures was no longer necessary to offset dumping since its present export prices had increased to a level far higher than its normal value during the period between June 1995 to June 1996. Based on the evidence provided by that company, the Commission decided, after consulting the Advisory Committee, to accept its request and to include it in the scope of the interim review. () OJ C 285, 28. 9. 1996, p. 15.