11.8.2011 Official Journal of the European Union L 206/1 II (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 803/2011 of 4 August 2011 repealing the countervailing duty on imports of certain broad spectrum antibiotics originating in India and terminating the proceeding in respect of such imports, following review pursuant to Article 18(2) of Council Regulation (EC) No 597/2009 THE COUNCIL OF THE EUROPEAN UNION, 1.2. Request for an expiry review (3)  Following the publication of a notice of impending Having regard to the Treaty on the Functioning of the European expiry (°) of th? definitive - measures o force, the Union, Commission received a request for the initiation of an expiry review of Council Regulation (EC) No 713/2005 pursuant to Articles 18(2) of the basic Regulation, from Having regard to Council Regulation (EC) No 597/2009 of two Union produc‘ers: DSM a.nd S.and}(l).z (the app 11car}11ts), 11 June 2009 on protection against subsidised imports from reé) ﬁesenftm}% a ma{o%p ?OpOl’th(Iil, mn this fcase morebt ag countries not members of the European Community ('), (the 0% of t e-gf)ta. nion production of certain broa basic Regulation), and in particular Article 18 thereof, spectrum antibiotics. Having regard to the proposal submitted by the European Commission (the Commission) after consulting the Advisory (4)  The request was based on the grounds that the expiry of Committee, the measures would be likely to lead to a continuation or recurrence of subsidisation and injury to the Union industry. Whereas: 1. PROCEDURE (5)  Prior to the initiation of the expiry review, and in o accordance with Articles 10(9) and 22(1) of the basic L.1. Measures in force Regulation, the Commission notified the Government (1) In May 2005, following a combined expiry and interim of India (th.e GO that it had receiveq 4 prop erly docu- review (the combined review), the Council, by Regulation me.nted review request. The. GOl was 1-nv1t<.3d for consul- . e 9 tations with the aim of clarifying the situation as regards (EC) No 713/2005 (%), imposed a definitive countervailing ying S d . e a the contents of the request and arriving at a mutually uty on imports of certain broad spectrum antibiotics, { solution. The GOI ded onl late to thi namely amoxicillin trihydrate, ampicillin trihydrate and agreed sofution. - nc responded only very ate to this cefulexin not put up in measured doses or in forms or invitation and, therefore, no such consultations have packing for retail sale (the product concerned) currently taken place. falling  within CN  codes ex2941 1000 and ex 2941 90 00 originating in India. The measures took the form of an ad valorem duty ranging from 17,3 % to 32 %. The original measures had been imposed by Regu- 1.3. Initiation of an expiry review lation (EC) No 2164/98 (3). (6)  Having determined, after consulting the Advisory (2)  Following a partial interim review, the Council, by Regu- lation (EC) No 1176/2008 (¥, amended the counter- vailing duty rate applicable to one Indian exporter. () OJ L 188, 18.7.2009, p. 93. () OJ L 121, 13.5.2005, p. 1. () OJ L 273, 9.10.1998, p. 1. (*) OJ L 319, 29.11.2008, p. 1. ) ©) Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission announced on 12 May 2010, by a notice published in the Official Journal of the European Union (°) (the Notice of initiation), the initiation of an expiry review pursuant to Article 18 of the basic Regulation. C 21, 28.1.2010, p. 40. C 123, 12.5.2010, p. 11.