5.4.2013 Official Journal of the European Union L 95/1 II (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 311/2013 of 3 April 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 467/2010 on imports of silicon originating in the People’s Republic of China to imports of silicon consigned from Taiwan, whether declared as originating in Taiwan or not THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, investigation that led to the measures imposed by the original Regulation is hereinafter referred to as ‘the original investigation’. 1.2. Request (2 On 15 May 2012, the European Commission (the Having regard to Council Regulation (EC) No 1225/2009 of Commission’) received a request pursuant to Articles 30 November 2009 on protection against dumped imports 13(3) and 14(3) of the basic Regulation to investigate from countries not members of the European Community (') the possible circumvention of the anti-dumping (the basic Regulation), and in particular Article 13 thereof, measures imposed on imports of silicon originating in the PRC and to make imports of silicon consigned from Taiwan, whether declared as originating in Taiwan or not, subject to registration. Having regard to the proposal from the European Commission after having consulted the Advisory Committee, (3)  The request was lodged by Euroalliages (Liaison Committee of the Ferro-Alloy Industry) (‘the applicant) Whereas: on behalf of producers representing 100 % of the Union production of silicon. 1. PROCEDURE (4)  The applicant argued that there is no genuine production 1.1. Existing measures of silicon in Taiwan and the request contained sufficient prima facie evidence that following the imposition of the (1) By Implementing Regulation (EU) No 467/2010 (*) (the measures in force, a significant change in the pattern of original Regulation’) the Council imposed a definitive trade involving exports from the PRC and Taiwan to the anti-dumping duty of 19 % on imports of silicon orig- Union occurred, for which there was no sufficient due inating in the People’s Republic of China (the PRC) for cause or justification other than the imposition of the all companies other than the one mentioned in measures in force. That change allegedly stemmed from Article 1(2) of that Regulation, following the expiry the transhipment of silicon originating in the PRC via review and a partial interim review of the measures Taiwan to the Union. imposed by Council Regulation (EC) No 398/2004 (3). The original Regulation also maintained the duty which was extended by virtue of Council Regulation (EC) No ) ) 42/2007 () to imports of silicon consigned from the (5)  Furthermore, the applicant argued that the evidence Republic of Korea whether declared as originating in the Republic of Korea or not. The measures imposed by the original Regulation are hereinafter referred to as ‘the measures in force’ or ‘original measures’ and the () O] L 343, 22.12.2009, p. 51. () O] L 131, 29.5.2010, p. 1. () O] L 66, 4.3.2004, p. 15. (4 OJ L 13, 19.1.2007, p. 1. pointed to the fact that the remedial effects of the measures in force were being undermined both in terms of quantity and price. The evidence showed that the increased imports from Taiwan were made at prices below the non-injurious price established in the original investigation. Finally, there was evidence that the prices of silicon consigned from Taiwan were dumped in relation to the normal value previously established for the product concerned during the original investigation.