17.2.2006 Official Journal of the European Union L 473 COUNCIL REGULATION (EC) No 268/2006 of 14 February 2006 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 Articles 8 and 9 thereof, Having regard to the proposal submitted by the Commission after having consulted the Advisory Committee, Whereas: () A. PROCEDURE The Council by Regulation (EC) No 1212/2005 (?) (the definitive Regulation) imposed definitive anti-dumping duties on imports of certain castings originating in the People’s Republic of China (original investigation). B. NEW EXPORTER REVIEWS In the original investigation sampling was applied to the Chinese  exporting producers. The non-sampled companies which were granted market economy treatment (MET), in accordance with the provisions of Article 2(7)(c) of the basic Regulation, were attributed the 0% dumping duty which was established for the sole sampled company which was granted MET. The non-sampled companies which were granted individual treatment (IT), in accordance with the provisions of Article 9(5) of the basic Regulation, received the weighted average duty of 28,6 % established for the sampled companies that were granted IT. A country- wide duty of 47,8% was imposed on all other companies. Pursuant to Article 11(4) of the basic Regulation, a new exporter review to determine individual dumping (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (O] L 340, 23.12.2005, p. 17). () OJ L 199, 29.7.2005, p. 1. margins could not be initiated in this proceeding, as sampling was used in the original investigation. However, in order to ensure equal treatment between any new exporting producer and the cooperating companies not included in the sample of the original investigation, it is considered that provision should be made in order to respectively impose the duty applicable to the companies which received MET (0 %) or the weighted average duty of companies with IT (28,6 %), to any new exporting producers which can demonstrate that they meet the criteria set in Article 2(7)(c) of the basic Regulation in order to be granted MET or otherwise the criteria of Article 9(5) in order to be granted IT, and that they would therefore be entitled to a review pursuant to Article 11(4) of the basic Regulation. C. UNDERTAKINGS Upon publication of the definitive Regulation, no under- takings could be accepted by the Commission. During the investigation leading to the imposition of definitive measures, several exporting producers had indicated their intention to offer a price undertaking but failed to submit sufficiently substantiated undertaking offers within the deadlines set in Article 8(2) of the basic Regulation. Nevertheless, as set out in recital 152 of the definitive Regulation, the Council, in view of the complexity of the issue for the economic operators in question (predomi- nantly small- and medium-sized enterprises) and given that the definitive disclosure was not preceded by a provisional disclosure, considered that they should excep- tionally be allowed to complete their undertaking offers beyond the said deadline. Subsequent to the deadline mentioned above, the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME) together with twenty cooperating companies or groups of coop- erating companies offered an acceptable joint under- taking. The Commission by Decision 2006/109/EC (?), accepted the undertaking offer. The Decision sets out in more detail the reasons for accepting this undertaking. The Council recognises that the undertaking offer eliminates the injurious effect of dumping and limits to a sufficient degree the risk of circumvention. (®) See page 59 of this Official Journal.