4.9.2012 Official Journal of the European Union L 238/1 (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 795/2012 of 28 August 2012 amending Implementing Regulation (EU) No 585/2012 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 THE COUNCIL OF THE EUROPEAN UNION, 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 from countries not members of the European Community (') (the basic Regulation’), and in particular Article 9(4) and Article 11(3), (5) and (6) thereof, Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee, Whereas: 1. PROCEDURE 1.1. Measures in force (1) By Regulation (EC) No 954/2006 (3 the Council, following an investigation (‘the original investigation’), imposed a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel, orig- inating in Croatia, Russia and Ukraine. The measures consisted of an ad valorem anti-dumping duty ranging between 12,3 % and 25,7 % imposed on imports from individually named exporting producers in Ukraine, with a residual duty rate of 25,7 % on imports from all other companies in Ukraine. The definitive anti-dumping duty imposed on the exporter subject to the current review investigation, CJSC Nikopolsky Seamless Tubes Plant Niko Tube and OJSC Nizhnedneprovsky Tube Rolling Plant, now named LLC Interpipe Niko Tube and OJSC Interpipe Nizhnedneprovsky Tube Rolling Plant (‘the applicant’ or ‘Interpipe), was 25,1 %. () O] L 343, 22.12.2009, p. 51. () O] L 175, 29.6.2006, p. 4. (2)  Following an application by Interpipe for the annulment of Regulation (EC) No 954/2006, on 10 March 2009 the Court of First Instance of the European Communities annulled Article 1 of that Regulation in so far as the anti-dumping duty fixed for Interpipe exceeded that which would have been applicable had the export price not been adjusted for a commission when sales took place through the intermediary of the affiliated trader, Sepco SA (). On 16 February 2012 the Court of Justice of the European Union upheld the judgment of the Court of First Instance (*). (3)  Following these judgments, the Council amended Regu- lation (EC) No 954/2006 by means of Implementing Regulation (EU) No 540/2012 (°) to correct the anti- dumping duty imposed on Interpipe in so far as it had been erroneously established. Accordingly, the anti- dumping duty currently in force for Interpipe is 17,7 %. 4 By Implementing Regulation (EU) No 585/2012 (°) the Council, following an expiry review, maintained the measures imposed by Regulation (EC) No 954/2006 on imports of seamless pipes and tubes, of iron or steel, originating in Russia and Ukraine (‘the expiry review investigation’). (5)  Accordingly, the measures currently in force are those established by Implementing Regulation (EU) No 585/2012, i.e. between 24,1 % and 35,8 % for imports from Russia and between 12,3 % and 25,7 % for imports from Ukraine, with Interpipe having an anti-dumping duty of 17,7 %. (}) T-249/06 — Interpipe Niko Tube and Interpipe NTRP v Council, 2009 1I-00383. (*) Joined cases C-191/09 P and C-200/09 P — Council and Commission v Interpipe Niko Tube and Interpipe NTRP. () OJ L 165, 26.6.2012, p. 1. () O] L 174, 4.7.2012, p. 5.