19.1.2007 Official Journal of the European Union L 131 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 42/2007 of 15 January 2007 extending the definitive anti-dumping duty imposed by Regulation (EC) No 398/2004 on imports of silicon originating in the People’s Republic of China to imports of silicon consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not 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 13 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Existing measures (1) By Regulation (EEC) No 2200/90 (3, the Council imposed definitive anti-dumping measures in the form of a fixed duty per tonne of silicon originating in the People’s Republic of China (China) imported into the Community. (2)  Shortly thereafter, following a request lodged by the Community industry, the Council, by Regulation (EEC) No 1607/92 (}), concluded that the anti-dumping L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation ) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). (3 OJ L 198, 28.7.1990, p. 57. L 170, 25.6.1992, p. 1. () 0) 0] J measures in force had been absorbed by Chinese exporters and imposed an additional duty on imports of silicon originating in China. In 1997, both expiry and interim reviews were initiated. These reviews were concluded by Council Regulation (EC) No 2496/97 (. As a result of these reviews, measures were maintained but it was considered more appropriate to change the form of the measures from a fixed duty to an ad valorem duty. The duty rate amounted to 49 % of the cif price of the imports in question. In accordance with the lesser duty rule, this rate corre- sponded to the injury margin. Following an expiry review, the Council concluded by Regulation (EC) No 398/2004 (°) that the anti-dumping duty should be maintained. 2. Request On 6 March 2006, the Commission received a request pursuant to Article 13(3) of the basic Regulation to investigate the alleged circumvention of the anti- dumping measures imposed on imports of silicon, classifiable within CN code 2804 69 00 (silicon content less than 99,99 % by weight) originating in China. The request was submitted by Euroalliages (Liaison Committee of the Ferro-Alloy Industry) (the applicant) on behalf of producers representing a major proportion, namely 100 %, of the Community production of silicon. The request alleged that the anti-dumping measures in force on imports of silicon originating in China were being circumvented by means of transhipment via the Republic of Korea (Korea). L 345, 16.12.1997, p. 1. L 66, 4.3.2004, p. 15.