30.1.2003 Official Journal of the European Communities L 25(7 COUNCIL REGULATION (EC) No 151/2003 of 27 January 2003 imposing a definitive anti-dumping duty on imports of certain grain oriented electrical sheets originating in Russia THE COUNCIL OF THE EUROPEAN COMMUNITIES, 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(2) and (3) thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Previous investigation and measures in force (1) By Decision No 303/96/ECSC (3, the Commission imposed a definitive anti-dumping duty on imports into the Community of certain grain oriented electrical sheets (GOES) originating in Russia and falling within CN codes 72251100 and 7226 11 10. The rate of the anti- dumping duty imposed was 40,1 %. An undertaking offered in connection with such imports was accepted. 20 In view of the expiry of the Treaty establishing the European Coal and Steel Community on 23 July 2002, the Council, by Regulation (EC) No 963/2002 (), decided that anti-dumping proceedings initiated pursuant to Commission Decision No 2277[96/ECSC (*) (basic Decision) and still in force on that date shall be continued and be governed by the provisions of the basic Regulation with effect from 24 July 2002. Like- wise, any anti-dumping measures resulting from pending anti-dumping investigations shall be governed by the provisions of the basic Regulation from 24 July 2002. 2. Requests for reviews (3)  Following the publication of a notice of the impending expiry of the anti-dumping measures in force on imports of GOES originating in Russia (), the Commission received a request to review the measures pursuant to Article 11(2) of the basic Decision. (4)  The request was lodged by the European Confederation of Tron and Steel Industries (Eurofer) (the applicant) on behalf of producers representing a major proportion of (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (O] L 257, 11.10.2000, p. 2). () OJ L 42, 20.2.1996, p. 7. () OJ L 149, 7.6.2002, p. 3. Regulation as last amended by Regulation (EC) No 1310/2002 (O] L 192, 20.7.2002, p. 9). () OJ L 308, 29.11.1996, p. 11. () O] C 216, 28.7.2000, p. 2. the Community production of the product concerned. The request was based on the grounds that the expiry of measures would be likely to result in a continuation andfor recurrence of dumping and injury to the Community industry. Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initia- tion of a review, the Commission initiated an investiga- tion pursuant to Article 11(2) of the basic Regulation (%). At the same time a decision to open an Article 11(3) investigation was taken by the Commission on its own initiative in order to examine the appropriateness of the form of the measures (). During the course of the ongoing investigations, the Commission received requests for Market Economy Treatment (MET) pursuant to Article 11(3) of the basic Regulation by Viz Stal and Novolipetsk Iron and steel Corporation. These requests were made on the grounds that the exporting producers concerned would now fulfil these requirements and that their dumping margins had consequently decreased substantially. As a result of these requests for MET the Commission decided to initiate specific interim reviews in accordance with Article 11(3) of the basic Regulation, limited in scope to the investigation of dumping of these exporting producers. Therefore, it is considered appro- priate to only decide on the results of the expiry review (which was initiated on 20 February 2001) at this stage. The interim review limited to the form of the measures on the other hand will be concluded together with the MET reviews, thereby taking into account the current economic circumstances of the exporters. 3. Present investigation (a) Procedure The Commission officially advised the Community producers requesting the review, the exporting produ- cers, the importers, the suppliers and the users known to be concerned, as well as the representatives of the exporting country, of the initiation, and gave interested parties the opportunity to make their views known in writing and to request a hearing within the time limits set out in the notice of initiation. 0.2.2001, p. 13. 0.2.2001, p. 13. [ele] v\ w > N N