L 294/2 Official Journal of the European Union 25.10.2006 COUNCIL REGULATION (EC) No 1583/2006 of 23 October 2006 imposing a definitive anti-dumping duty on imports of ethanolamines originating in the United States of America THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 38496 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 February 1994, the Council imposed, by Regulation (EC) No 229/94 (3 definitive anti-dumping duties on imports of ethanolamines (product concerned) origi- nating in the United States of America (USA). The duties took the form of minimum-price-based variable duties for the three types of ethanolamines, i.e. mono- ethanolamine (MEA), diethanolamine (DEA) and trietha- nolamine (TEA). Following a request of the Conseil européen des fédérations de lindustrie chimique (CEFIC) an expiry and interim review pursuant to Articles 11(2) and 11(3) of the basic Regulation was initiated in February 1999. By Regulation (EC) No 1603/2000 (*) the Council concluded these reviews and imposed definitive anti- dumping measures on imports of ethanolamines origi- nating in the USA. The form of the measures was changed as they took the form of a specific fixed duty () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). A ) 0J 0 L 28, 2.2.1994, p. 40. L 185, 25.7.2000, p. 1. per tonnes of all types of ethanolamine. Two of the three companies benefiting from an individual anti-dumping duty were Dow Chemical Company and Union Carbide Corporation. After disinvestment of Dow Chemical Company’s etha- nolamine business into the company INEOS LLC, the individual anti-dumping duty of EUR 69,40 per tonne applicable to Dow Chemical Company was attributed to INEOS LLC (*). However, since the Dow Chemical Company acquired on 6 February 2001 all shares of Union Carbide Corporation, a company benefiting from an individual anti-dumping duty of EUR 59,25 per tonne, the Dow Chemical Company is still active in the ethanolamine business. The Union Carbide Corporation still exists but has become part of the Dow Chemical Company group and does no longer have any inde- pendent production activities. 2. Request for an expiry review Following the publication in November 2004 of a notice of impending expiry of the anti-dumping measures applicable to imports of ethanolamines originating in the USA (°), the Commission received on 25 April 2005 a request for a review pursuant to Article 11(2) of the basic Regulation. The request was lodged by CEFIC on behalf of producers representing a major proportion, in this case more than 75 %, of the total Community production of ethano- lamine. The request was based on the grounds that 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 an expiry review, the Commission initiated by notice of initiation an investigation (%) pursuant to Article 11(2) of the basic Regulation. C 306, 10.12.2002, p. 2. C 276, 11.11.2004, p. 2. C 183, 26.7.2005, p. 13.