25.1.2012 Official Journal of the European Union L 22/1 (Non-legislative acts) II REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 60/2012 of 16 January 2012 terminating the partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 of the anti-dumping measures applicable to imports of ferro-silicon originating, inter alia, in Russia 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 11(3) thereof, Having regard to the proposal submitted by the European Commission after consulting the Advisory Committee, Whereas: () ) 0] 0] 1. PROCEDURE 1.1. Measures in force The Council, by Regulation (EC) No 172/2008 (?) (the original Regulation’), imposed a definitive anti-dumping duty on imports of ferro-silicon originating, inter alia, in Russia. The measures consist of an ad valorem duty at a rate ranging from 17,8 % to 22,7 %. The investigation which led to this Regulation will be referred to below as ‘the original investigation’. 1.2. Request for a review On 30 November 2009, the European Commission (‘Commission’) received a request for a partial interim review pursuant to Article 11(3) of the basic Regulation (‘the interim review’). The request, lodged by an exporting producer from Russia, Joint Stock Company (JSC) Chelyabinsk Electrometallurgical Integrated Plant and its related company Joint Stock Company (JSC) Kuznetsk Ferroalloy Works (hereinafter referred to jointly as ‘the applicant),was limited in scope to the examination of dumping as far as the applicant is concerned. The anti- dumping duty rate applicable to the applicant is 22,7 %, based on the applicant’s dumping margin. L 343, 22.12.2009, p. 51. L 55, 28.2.2008, p. 6. (3) ) ) In its request, the applicant claimed that, as far as the applicant is concerned, the circumstances on the basis of which the existing measures were imposed have changed and that these changes are of a lasting nature. The applicant provided prima facie evidence showing that, as far as the applicant is concerned, the continued imposition of the measure at its current level is no longer necessary to offset dumping. According to the information submitted in the request, the comparison of the applicant’s domestic prices and its export prices to the Union indicated that the dumping margin appeared to be substantially lower than the current level of the measure. 1.3. Initiation of a review Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an interim review, the Commission decided to initiate a partial interim review in accordance with Article 11(3) of the basic Regulation, limited in scope to the examination of dumping as far as the applicant is concerned. The Commission published a notice of initiation on 27 October 2010 in the Official Journal of the European Union (}) (Notice of initiation’) and commenced an investigation. 1.4. Product concerned and like product The product concerned by the interim review is the same as that in the original investigation, i.e. ferro-silicon, orig- inating in Russia, currently falling within CN codes 7202 21 00, 7202 29 10 and 7202 29 90. The product produced and sold in Russia and that exported to the Union have the same basic physical and technical characteristics and uses and are therefore considered to be alike within the meaning of Article 1(4) of the basic Regulation. () O] C 290, 27.10.2010, p. 15.