L 33822 Official Journal of the European Union 22.12.2010 COUNCIL IMPLEMENTING REGULATION (EU) No 1243/2010 of 20 December 2010 imposing a definitive anti-dumping duty on imports of ironing boards originating in the People’s Republic of China produced by Since Hardware (Guangzhou) Co., Ltd. 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) thereof, Having regard to the proposal submitted by the European Commission after having consulted the Advisory Committee, Whereas: A. PROCEDURE 1. Measures in force Following an anti-dumping investigation concerning imports of ironing boards originating in the People’s Republic of China (PRC' or ‘the country concerned) and Ukraine (the first investigation’), anti-dumping measures were imposed by Council Regulation (EC) No 452/2007 of 23 April 2007 (3. That Regulation entered into force on 27 April 2007. It is recalled that the rate of the definitive anti-dumping duty imposed on ironing boards produced by the Chinese exporting producer Since Hardware (Guangzhou) Co., Ltd. (Since Hardware) was 0% while it ranged between 18,1% and 38,1% for other Chinese exporting producers. Following a subsequent interim review. these duty rates were increased to up to 42,3 % pursuant to Implementing Regulation of the Council (EU) No 270/2010 of 29 March 2010 amending Regulation (EC) No 452/2007 (3). 2. Initiation of the current proceeding On 2 October 2009, the Commission announced, by a notice published in the Official Journal of the European Union (%) (‘notice of initiation’), the initiation of an anti- dumping investigation pursuant to Article 5 of the basic L 343, 22.12.2009, p. 51. L 109, 26.4.2007, p. 12. L 84, 31.3.2010, p. 13. C 237, 2.10.2009, p. 5. Regulation concerning imports into the Union of ironing boards originating in the PRC, limited to Since Hardware. In the notice of initiation, the Commission also announced the initiation of a review pursuant to Article 2(3) of Regulation (EC) No 1515/2001 (‘review pursuant to Regulation (EC) No 1515/2001’) in order to allow for any necessary amendment of Regulation (EC) No 452/2007 in the light of the WTO Appellate Body report entitled ‘Mexico — Definitive Anti-dumping Measures on Beef and Rice’ (AB-2005-6) (°) (the ‘WTO Appellate Body report). The anti-dumping investigation was initiated following a complaint lodged on 20 August 2009 by three Union producers, Colombo New Scal S.p.A., Pirola S.p.A. and Vale Mill (Rochdale) Ltd. (the complainants’), repre- senting a major proportion of the total Union production of ironing boards. It is recalled that a new anti-dumping investigation based on Article 5 of the basic Regulation was initiated against Since Hardware rather than an interim review pursuant to Article 11(3) of the basic Regulation, in the light of the WTO Appellate Body report. This report stipulates in paragraphs 305 and 306 that an exporting producer not found to be dumping in an original investigation has to be excluded from the scope of the definitive measure imposed as a result of such investigation and cannot be made subject to administrative and changed circum- stances reviews. Since Hardware submitted that the Commission could not initiate a new anti-dumping investigation based on Article 5 of the basic Regulation against one company as it thereby violated the general principle enshrined in GATT Article VI and the WTO Anti-dumping Agreement (WTO ADA) as well as that in the basic Regulation that anti-dumping proceedings are directed against imports of countries and not of individual companies. In particular, Since Hardware claimed that the Commission had breached Articles 9(3) and 11(6) of the basic Regulation by initiating an anti-dumping investigation based on Article 5 instead of Article 11(3) of the basic Regulation. Since Hardware also argued that in the absence of a direct effect of WTO rules in the Union legal order, the Commission could not decide to ignore the above provisions of the basic Regulation in order to implement a WTO ruling automatically, without prior modification by the Council of the basic Regu- lation. (°) WT/DS295/AB/R, 29 November 2005.