16.12.2010 Official Journal of the European Union L 332/1 II (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 1185/2010 of 13 December 2010 imposing a definitive countervailing duty on imports of certain graphite electrode systems originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 597/2009 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 597/2009 of 11 June 2009 on protection against subsidised imports from certain graphite electrodes currently falling within CN codes ex 8545 11 00 and nipples used for such elec- trodes currently falling within CN code ex 8545 90 90 originating in India (the definitive anti-dumping measures’). The measures took the form of an ad valorem duty of 0 %. countries not members of the European Community (') (‘the G) Followmg-l.an ex officio pal}rltlal mtenT ﬁeVlew Olf Fhe basic Regulation’), and in particular Article 15(1), Article 18 countervatiing measurfs, the Coundil by Regulation and Article 22(1), (2) and (3) thereof, (EC) No 1354/2008 (*) amended Regulations (EC.).NO 1628/2004 and (EC) No 1629/2004. The definitive countervailing duties were amended to 6,3 % and 7,0 % for imports from individually named exporters with a Having regard to the proposal submitted by the European residual duty rate of 7,2 %. The definitive anti-dumping Commission (the Commission’) after consulting the Advisory duties were amended to 9,4 % and 0 % for imports from Committee, individually named exporters with a residual duty rate of 8,5 %. Whereas: 2. Request for an expiry review A. PROCEDURE (4)  Following the publication of a notice of impending 1. Measures in force expiry (°) of the definitive countervailing measures in ’ force, the Commission, on 18 June 2009, received a (1) The Council, following an anti-subsidy investigation (the request for the 1r11t1at10r1.0f an expiry review of these original investigation), by Regulation (EC) No measures, pursuant to Article 18 of Fhe basic Regulation. 1628/2004 (%), imposed a definitive countervailing duty The request was lodged by thr.ee Union producers of the on imports of certain graphite electrodes currently falling like prodqct: Graftech Internatlone%l, SGL Cz‘lrbon, GmbH, within CN code ex 8545 11 00 and nipples used for such and _TOkal ERFTCARBON GmbH (th‘? applicants) repre- electrodes  currently falling  within  CN  code senting a major proportion, m.thls case more thfln ex 8545 90 90 originating in India (the definitive 90 % of the total Union production of certain graphite countervailing measures’). The measures took the form electrode systems. of an ad valorem duty of 15,7 %, with the exception of one company for which the duty rate was 7 %. (5)  The request was based on the grounds that the expiry of (20 The Council, by Regulation (EC) No 1629/2004 (%), imposed definitive anti-dumping duties on imports of OJ L 188, 18.7.2009, p. 93. () OJ L 295, 18.9.2004, p. 4. OJ L 295, 18.9.2004, p. 10. ) the measures would be likely to result in a continuation or recurrence of subsidisation and injury to the Union industry. 350, 30.12.2008, p. 24. oJ L 0] C 34, 11.2.2009, p. 11.