L 151/6 Official Journal of the European Union 16.6.2009 COUNCIL REGULATION (EC) No 500/2009 of 11 June 2009 amending Regulation (EC) No 1212/2005 imposing a definitive anti-dumping duty on imports of certain castings originating in the People’s Republic of China 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: ( ( ( ( ( 1 2 3 4 5 A. MEASURES IN FORCE By Regulation (EC) No 1212/2005 () the Council imposed definitive anti-dumping duties on imports of certain castings originating in the People’s Republic of China (PRC) (definitive measures Regulation). Individual duty rates ranged from 0 % to 37,9 %, and the residual duty level was set at 47,8 %. A joint undertaking offer was accepted from a number of companies together with the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCME) by Commission Decision 2006/109/EC (}) and Council Regulation (EC) No 268/2006 (*). In view of several new exporting producer requests, the definitive measures Regulation was amended from time to time — most recently in April 2009 (). B. INITIATION OF REVIEW INVESTIGATION AND PROCEDURE On 8 November 2007, the Commission received a request for an interim review, pursuant to Article 11(3) of the basic Regulation. The request was lodged by Eurofonte (the applicant), acting on behalf of nine European producers. The applicant alleged that there 56, 6.3.1996, p. 1. 199, 29.7.2005, p. 1. 47, 17.2.2006, p. 3. 94, 8.4.2009, p. 1. ) O] L ) O] L ) O] L 47, 17.2.2006, p. 59. ) O] L ) O] L G) was a lack of clarity as to the scope of the measure as set out in the definitive measures Regulation. The applicant alleged that the product scope should be clarified as far as castings of ductile iron are concerned and in particular whether this kind of castings should fall within the defi- nition of the product concerned. Having determined that sufficient evidence existed for the initiation of a partial interim review, and after consulting the Advisory Committee, the Commission, by a notice (the review Notice of initiation) published in the Official Journal of the European Union (°), initiated an investigation in accordance with Article 11(3) of the basic Regulation. The investigation was limited in scope to the definition of the product subject to the measures in force. The Commission advised the known Community producers, importers and users, the representatives of the exporting country as well as all known exporters in the PRC of the initiation of the review. The Commission requested information from all abovementioned parties and from those other parties who made themselves known within the time limit set in the review Notice of initiation. The Commission also gave interested parties the opportunity to make their views known in writing and to request a hearing. Fifteen Community producers, nine importers in the Community unrelated to Chinese exporting producers, one Community user and 17 Chinese exporting producers submitted a questionnaire reply. Hearings were granted upon request to six interested parties: to the applicant, one Community producer and four importers. C. PRODUCT CONCERNED The product concerned, as defined in Article 1 of the definitive measures Regulation, is castings of non- malleable cast iron of a kind used to cover andfor give access to ground or sub-surface systems, and parts thereof, whether or not machined, coated or painted or fitted with other materials, excluding fire hydrants, orig- inating in the PRC and falling within CN codes 73251050, 73251092 and ex 73251099 (Taric code 73251099 10). () O] C 74, 20.3.2008, p. 66.