29.5.2010 Official Journal of the European Union L 131/1 (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 467/2010 of 25 May 2010 imposing a definitive anti-dumping duty on imports of silicon originating in the People’s Republic of China, as extended to imports of silicon consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, following an expiry review pursuant to Article 11(2) and 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 Articles 9 and 11(2) and 11(3) thereof, Having regard to the proposal submitted by the European Commission, after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Measures in force (1) In March 2004, following an expiry review, the Council, by Regulation (EC) No 398/2004 (%), imposed a definitive anti-dumping duty on imports of silicon originating in the People’s Republic of China (PRC). The rate of the definitive duty applicable to the net free-at-Union frontier price, before duty, was 49 %. The original measures had been imposed by Regulation (EEC) No 2200/90 (). () In January 2007, by Council Regulation (EC) No 42/2007 (%) the definitive anti-dumping duty was extended to imports of silicon consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not. () O] L 343, 22.12.2009, p. 51. () O] L 66, 4.3.2004, p. 15. () OJ L 198, 28.7.1990, p. 57. (% OJ L 13, 19.1.2007, p. 1. ) ©) 2. Request for an expiry review and a partial interim review Following the publication, in October 2008, of a notice of impending expiry of the anti-dumping measures applicable to imports of silicon originating in the PRC (°), the Commission received on 1 December 2008 a request for a review pursuant to Article 11(2) of the basic Regulation. In addition, the Commission received on 18 December 2008 a request for a partial interim review pursuant to Article 11(3) of the basic Regulation. The expiry review request was lodged by Euroalliages (Liaison Committee of the Ferro-Alloy Industry) on behalf of the producers in the Union representing a major proportion, in this case 100 %, of the total Union production of silicon. The request was based on the grounds that the expiry of the measures would be likely to result in a continuation of dumping and recurrence of injury to the Union industry. The partial interim review request was lodged by EUSMET (European Users of Silicon Metal) and is limited in scope to the examination of dumping. The request was based on prima facie evidence that the circumstances on the basis of which the measures were established had changed and that the new circumstances were of a lasting nature. Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review and an interim review pursuant to Article 11(2) and 11(3) respectively of the basic Regulation, the Commission published a notice of initiation of these reviews in the Official Journal of the European Union (°) (notice of initiation). 254, 7.10.2008, p. 9. 51, 4.3.2009, p. 17.