21.12.2012 Official Journal of the European Union L 352/1 II (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 1241/2012 of 11 December 2012 amending Implementing Regulation (EU) No 1138/2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia THE COUNCIL OF THE EUROPEAN UNION, far as the anti-dumping duty with regard to Ecogreen was concerned. Ecogreen contested the adjustment made on the basis of Article 2(10)(i) of the basic Regulation to its export price for the purpose of comparing that export price with the company’s normal value. Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports (4) from countries not members of the European Community (') (‘the basic Regulation’), and in particular Article 9(4) thereof, On 16 February 2012, the Court of Justice rendered its judgment in joined Cases C-191/09 P and C-200/09 P Council of the European Union and European Commission v Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT (Interpipe Niko Tube ZAT) and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT (Interpipe NTRP VAT). The Court of Justice rejected the appeals and cross-appeals of the General Court’s judgment in Case T-249/06 Interpipe Nikopolsky Seamless Tubes Plant Niko Tube ZAT (Interpipe Niko Tube ZAT) and Interpipe Nizhnedneprovsky Tube Rolling Plant VAT (Interpipe NTRP VAT) v Council of Having regard to the proposal submitted by the European Commission (the Commission) after having consulted the Advisory Committee, Whereas: 1 In August 2010, the Commission, by Notice of Initiation (NOI) published on 13 August 2010 (%), initiated a proceeding with regard to imports of certain fatty alcohols and their blends (FOH') originating in India, Indonesia and Malaysia (the countries concerned). In May 2011, by Regulation (EU) No 446/2011 () (‘the provisional Regulation’), the Commission imposed a provisional anti-dumping duty on imports of FOH orig- inating in India, Indonesia and Malaysia, and in November 2011 a definitive anti-dumping duty was imposed on the same imports by Council Implementing Regulation (EU) No 1138/2011 (¥ (the definitive Regu- lation’). On 21 January 2012, PT Ecogreen Oleochemicals, an Indonesian exporting producer of FOH, Ecogreen Oleo- the European Union. The General Court had annulled Article 1 of Council Regulation (EC) No 954/2006 (%) with regard to Interpipe NTRP VAT, inter alia, on the grounds of a manifest error of assessment in making the adjustment based on Article 2(10)(i), and on other grounds with regard to Interpipe Niko Tube ZAT. Given that the factual circumstances for Ecogreen are similar to those of Interpipe NTRP VAT in respect of the adjustment made pursuant to Article 2(10)(i) of the basic Regulation, in particular the following factors in combination: volume of direct sales to third countries of less than 8 % (1-5 %) of all export sales; existence of common ownership/control of the trader and the exporting producer; the nature of functions of the (>} Council Regulation (EC) No 954/2006 of 27 June 2006 imposing chemicals (Singapore) Pte. Ltd and Ecogreen Oleo- chemicals GmbH (herein jointly referred to as ‘Ecogreen)) lodged an application (Case T-28/12) before the General Court for the annulment of the definitive Regulation as definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine, repealing Council Regulations (EC) No 2320/97 and (EC) No 348/2000, terminating the interim and expiry reviews of the anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania and terminating the interim reviews of the anti-dumping duties on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and Romania and in Croatia and Ukraine (O] L 175, 29.6.2006, p. 4). L 343, 22.12.2009, p. 51. C 219, 13.8.2010, p. 12. L 122, 11.5.2011, p. 47. L 293, 11.11.2011, p. 1.