L 243)2 Official Journal of the European Union 12.9.2013 COUNCIL IMPLEMENTING REGULATION (EU) No 871/2013 of 2 September 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 511/2010 on imports of molybdenum wire, containing by weight at least 99,95 % of molybdenum, of which the maximum cross-sectional dimension exceeds 1,35 mm but does not exceed 4,0 mm, originating in the People’s Republic of China to imports of molybdenum wire, containing by weight at least 97 % of molybdenum, of which the maximum cross-sectional dimension exceeds 1,35 mm but does not exceed 4,0 mm, originating in the People’s Republic of China 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 13 thereof, Having regard to the proposal from the European Commission after having consulted the Advisory Committee, Whereas: 1. PROCEDURE 1.1. Existing measures (1)  In December 2009, the European Commission (‘the Commission’), by Regulation (EU) No 1247/2009 (3 (‘the provisional anti-dumping Regulation’), imposed a provisional —anti-dumping duty on imports of molybdenum wire, containing by weight at least 99,95 % of molybdenum, of which the maximum cross-sectional dimension exceeds 1,35 mm but does not exceed 4,0 mm, originating in the People’s Republic of China (PRC). 2)  In June 2010, the Council, by Implementing Regulation (EU) No 511/2010 (}), imposed a definitive anti-dumping duty of 64,3 % on the same imports. These measures will hereinafter be referred to as ‘the measures in force’ and the investigation that led to the measures in force will be hereinafter referred to as ‘the original investigation’. () O] L 343, 22.12.2009, p. 51. (%) Commission Regulation (EU) No 1247/2009 of 17 December 2009 imposing a provisional anti-dumping duty on imports of certain molybdenum wires originating in the People’s Republic of China (O] L 336, 18.12.2009, p. 16). (}) Council Implementing Regulation (EU) No 511/2010 of 14 June 2010 imposing a definitive anti-dumping duty and collecting defini- tively the provisional duty imposed on imports of certain molybdenum wires originating in the People’s Republic of China (O] L 150, 16.6.2010, p. 17). (3)  In January 2012, following an anti-circumvention inves- tigation pursuant to Article 13 of the basic Regulation, by Implementing Regulation (EU) No 14/2012 (% the Council extended the measures in force to imports of the product concerned consigned from Malaysia, whether declared as originating in Malaysia or not. 1.2. Request (4 In November 2012, the Commission received a request pursuant to Articles 13(3) and 14(5) of the basic Regu- lation to investigate the possible circumvention of the anti-dumping measures imposed on certain molybdenum wires originating in the PRC by imports of certain slightly modified molybdenum wires, containing by weight 97 % or more but less than 99,95 % of molyb- denum, originating in the PRC, and to make such imports subject to registration. (5)  The request was lodged by Plansee SE (Plansee’), a Union producer of certain molybdenum wires that participated in the original investigation. (6)  The request contained sufficient prima facie evidence that the anti-dumping measures on imports of certain molybdenum wires originating in the PRC are being circumvented by means of imports of a certain slightly modified molybdenum wires, containing by weight 97 % or more but less than 99,95 % of molybdenum, orig- inating in the PRC. 1.3. Initiation (7)  Having determined, after the consulting the Advisory Committee, that sufficient prima facie evidence existed for the initiation of an investigation pursuant to Articles 13(3) and 14(5) of the basic Regulation, the () Council Implementing Regulation (EU) No 14/2012 of 9 January 2012 extending the definitive anti-dumping duty imposed by Imple- menting Regulation (EU) No 511/2010 on imports of certain molybdenum wires originating in the People’s Republic of China to imports of certain molybdenum wires consigned from Malaysia, whether declared as originating in Malaysia or not and terminating the investigation in respect of imports consigned from Switzerland (OJ L 8, 12.1.2012, p. 22).