9.4.1999 Official Journal of the European Communities L 94/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 733/1999 of 30 March 1999 imposing a definitive anti-dumping duty on imports of calcium metal origin- ating in Russia and the People’s Republic of China and amending Regulation (EC) No 2557/94 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 Articles 8 and 9 thereof, Having regard to the proposal submitted by the Commis- sion, after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Previous investigations (1)  Imports of calcium metal originating in the People’s Republic of China and Russia have been the subject of a number of anti-dumping investiga- tions. (2)  Following a complaint lodged by the ‘Chambre syndicale de I'électrométallurgie et de Iélectrochi- mie’, in January 1988, an anti-dumping investiga- tion concerning imports of calcium metal origin- ating in the People’s Republic of China and the Soviet Union (*) was opened (hereinafter ‘the first investigation’). Definitive duties of 21,8 % and 22 % for the People’s Republic of China and the Soviet Union respectively were imposed by Council Regulation (EEC) No 2808/89 (3. (3) Extramet, an importer which cooperated in the investigation, appealed to the Court of Justice and Regulation No 2808/89 was annulled by the Court in June 1992 (*). The Court ruled that injury had been insufficiently examined. Following judgment, the Commission issued a notice (°) informing the (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regu- lation (EC) No 905/98 (O] L 128, 30.4.1998, p. 18). () OJ C 20, 26.1.1988, p. 3. () OJ L 271, 209.1989, p. 1. () Case C-358/89, Extramet Industrie SA v. Council, [1992] ECR I, p. 3813. () OJ C 213, 19.8.1992, p. 14. ) 0] 0] 0J parties of the reimbursement of the anti-dumping duties which had been collected. Subsequently, the Commission, after consulting the Advisory Committee, advised the parties of the resumption of the investigation in a notice published in the Official Journal of the European Communities (°) (hereinafter ‘the second investiga- tion’). Regulation (EEC) No 2808/89 which had concluded the first investigation having been annulled ex tunc by the Court, the Commission’s investigation remained open. However, in order for the Commission to conclude the investigation on the basis of the most up-to-date information, new data were collected concerning dumping and injury resulting therefrom. The Commission sent out supplementary questionnaires to the parties known to be concerned. 2. Measures in force Following the resumption of the investigation, the Council, by Regulation (EC) No 2557/94(), imposed definitive duties at the level provisionally determined by Commission Regulation (EC) No 892/94 (%), i.e. ECU 2 074 per tonne on imports of calcium metal originating in China and ECU 2 120 per tonne on imports of calcium metal originating in Russia. The duties were imposed for both coun- tries at the injury elimination levels since these were lower than the respective dumping margins. In January 1995, [llIndustrie des Poudres Sphériques (hereinafter ‘IPS’), previously Extramet, the importer of calcium metal, brought an action for annulment of Council Regulation (EC) No 2557/94 in the Court of First Instance. On 15 C 298, 14.11.1992, p. 3. L 270, 21.10.1994, p. 27. L 104, 23.4.1994, p. 5.