3.8.2005 Official Journal of the European Union L 202/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1275/2005 of 26 July 2005 amending Regulation (EC) No 2268/2004 imposing a definitive anti-dumping duty on imports of tungsten carbide and fused tungsten carbide 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 Article 11(3) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. MEASURES IN FORCE (1) By Regulation (EC) No 771/98 (3 the Council imposed a definitive anti-dumping duty of 33 % on imports of tungsten carbide and fused tungsten carbide originating in the People’s Republic of China (PRC). Following an expiry review, the duty was re-imposed by Regulation (EC) No 2268/2004 (. B. PRESENT INVESTIGATION 20 While the abovementioned expiry review was ongoing, the Commission received a request for an interim review, L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation ) No 4612004 (O] L 77, 13.3.2004, p. 12). () OJ L 111, 9.4.1998, p. 1. L 395, 31.12.2004, p. 56. pursuant to Article 11(3) of the basic Regulation. The request was lodged by the European Association of Metals (Eurometaux) (the applicant) on behalf of three producers, together representing a major proportion (more than 80 %) of the total Community production of tungsten carbide and fused tungsten carbide. The applicant alleged that a new product type, falling within the product scope of the existing measures on tungsten carbide and fused tungsten carbide, had appeared on the market. The applicant alleged that the new product type shared the same basic physical and chemical characteristics and end uses as the product covered by the measures in force. In these circumstances, the applicant alleged that both the product covered by the measures in force and the new product type should therefore be considered a single product and the measures in force should, also apply to imports of the new product type. (3)  Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of a partial interim review, the Commission, on 31 March 2004, initiated an investigation in accordance with Article 11(3) of the basic Regulation (¥). The investigation was limited in scope to the definition of the product subject to the measures in force, in order to assess the need for the amendment of the scope of the measures in force. (4 The investigation period (IP) covered the period from 1 January 2003 to 31 December 2003. (5)  The Commission advised the applicant Community producers as well as all known Community importers, all known Community users and all known exporters in the PRC of the initiation of the review. () 0] C 81, 31.3.2004, p. 8.