9.11.2012 Official Journal of the European Union L 310/1 II (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 1039/2012 of 29 October 2012 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of aluminium radiators originating in the People’s Republic of China THE COUNCIL OF THE EUROPEAN UNION, 1.2. Subsequent procedure ) o (4)  Subsequent to the disclosure of the essential facts and HaYlng regard to the Treaty on the Functioning of the European considerations on the basis of which it was decided to Union, impose a provisional anti-dumping duty (‘provisional disclosure), several interested parties made written Having regard to Council Regulation (EC) No 1225/2009 of submissions making known their views on the 30 November 2009 on protection against dumped imports provisional findings. The parties who so requested were from countries not members of the European Union (1) (‘the granted an opportunity to be heard. basic Regulation’), and in particular Article 9 thereof, Having regard to the proposal submitted by the European (55 The Commission continued to seck and verify all Commission (the Commission) after having consulted the information it deemed necessary for its definitive Advisory Committee, findings. The oral and written comments submitted by the interested parties were considered and, where appro- Whereas: priate, the provisional findings were modified accord- ingly. 1. PROCEDURE 1.1. Provisional measures (6)  As already mentioned in recital (12) of the provisional o ) Regulation, one group of related exporting producers (1)~ The Commission, by Regulation (EU) No 402/2012 () claimed individual examination in accordance with (the provisional Regulation), imposed a provisional Article 17(3) of the basic Regulation. The examination anti-dumping duty on imports of aluminium radiators of those claims at the provisional stage was too originating in the People’s Republic of China (PRC or burdensome to be carried out and was deferred to the ‘the country concerned). definitive stage. It was thus decided to grant an individual examination to the group claiming it, i.e. the Sira Group. () The proceeding was initiated on 12 August 2011 (%), In respect of its operations in the PRC, the Sira Group is following a complaint lodged by the International composed of Sira (Tianjin) Aluminium Products Co. Ltd Association of Aluminium Radiator Manufacturers and Sira Group (Tianjin) Heating Radiators Co. Ltd Limited Liability Consortium (AIRAL S.crl - ‘the complainant’) on behalf of producers representing more o . . o . :}tlg;ls 25% of total Union production of aluminium radi (7)  All parties were informed of the essential facts and ' considerations on the basis of which it was intended to recommend the imposition of a definitive anti-dumping (3) As set out in recital (14) of the provisional Regulation, duty on imports of aluminium radiators originating in the investigation of dumping and injury covered the the PRC and the definitive collection of the amounts period from 1 July 2010 to 30 June 2011 (the investi- secured by way of the provisional duty (final disclosure). gation period’ or ‘IP’). The examination of trends relevant All parties were granted a period within which they for the assessment of injury covered the period from could make comments on this final disclosure. 1 January 2008 to the end of the IP (the period considered). 0 343, 22.12.2009, p. 51. (8)  The oral and written comments submitted by the 0J L () O] L 124, 11.5.2012, p. 17. 0] C 236, 12.8.2011, p. 18. interested parties were considered and taken into account where appropriate.