12.5.2006 Official Journal of the European Union L 1251 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 716/2006 of 5 May 2006 imposing a definitive anti-dumping duty on imports of dead-burned (sintered) magnesia 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 the Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (') (here- inafter referred to as the basic Regulation), and in particular Articles 9 and 11(2) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Measures in force In December 1993, definitive anti-dumping measures on imports of dead-burned (sintered) magnesia (DBM or the product concerned) originating in the People’s Republic of China (PRC) were imposed by Council Regulation (EC) No 3386/93 (3 (original investigation). These measures took the form of a minimum import price. Following an expiry review, these anti-dumping measures were maintained in February 2000 by Council Regulation (EC) No 360/2000 (). Following an interim review, the Council, by Regulation (EC) No 986/2003 (*), amended the form of the anti- dumping measures in force by maintaining the minimum price but subject to specific conditions and imposing an ad valorem duty of 63,3 % in all other cases. () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (O] L 340, 23.12.2005, p. 17). () O] L 306, 11.12.1993, p. 16. () OJ L 46, 18.2.2000, p. 1. Regulation as amended by Regulation (EC) No 986/2003 (O] L 143, 11.6.2003, p. 5). () O] L 143, 11.6.2003, p. 5. ©) 0] 0 2. Request for a review Following the publication of a notice of impending expiry of the anti-dumping measures in force on imports of DBM originating in the PRC (°), the Commis- sion’s services received a request in November 2004 to review these measures pursuant to Article 11(2) of the basic Regulation. The request was lodged by Eurométaux, acting on behalf of Community producers (hereinafter referred to as the applicant producers) representing a major proportion, in this case more than 50 %, of the total Community production of DBM. The request was based on the grounds that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury to the Community industry. Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission initiated an investigation (°) pursuant to Article 11(2) of the basic Regulation. 3. Investigation The Commission’s services officially advised the applicant Community producers, the other Community producers, the exporting producers in the PRC (hereinafter Chinese exporters), the importers, traders, users and their asso- ciations known to be concerned, as well as the represen- tatives of the government of the exporting country, of the initiation of the review. The Commission’s services sent questionnaires to all these parties and to those who made themselves known within the time limit set in the notice of initiation. C 215, 27.8.2004, p. 2. C 38, 15.2.2005, p. 2.