16.6.2010 Official Journal of the European Union L 150/17 COUNCIL IMPLEMENTING REGULATION (EU) No 511/2010 of 14 June 2010 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain molybdenum wires originating in the People’s Republic of China 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 thereof, Having regard to the proposal submitted by the European Commission (Commission) after consulting the Advisory Committee, Whereas: 1. PROCEDURE 1.1. Provisional measures (1) The Commission, by Regulation (EC) No 1247/2009 (?) (the ‘provisional Regulation’) imposed a provisional anti- dumping duty on imports of certain molybdenum wires originating in the People’s Republic of China (PRC' or ‘country concerned). (2)  The proceeding was initiated following a complaint lodged by the European Association of Metals (EURO- METAUX) (the complainant) on behalf of a producer representing a major proportion, in this case more than 25%, of the total Union production of molybdenum wires. (3)  As set out in recital 13 of the provisional Regulation, the investigation of dumping and injury covered the period from 1 April 2008 to 31 March 2009 (investigation period’ or ‘IP). The examination of the trends for the assessment of injury covered the period from March 2005 to the end of the IP (‘period considered). 1.2. Subsequent procedure (4)  Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional anti-dumping measures (‘provisional disclosure), several interested parties made written () OJ L 343, 22.12.2009, p. 51. () OJ L 336, 18.12.2009, p. 16. submissions making their views known on the provi- sional findings. The parties who so requested were granted an opportunity to be heard. The Commission continued to seek and verify all information it deemed necessary for its definitive findings. The oral and written comments submitted by the interested parties were considered and, where appropriate, the provisional findings were modified accordingly. All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive anti-dumping duty on imports of certain molybdenum wires ori- ginating in the PRC and the definitive collection of the amounts secured by way of the provisional duty (final disclosure’). They were also granted a period within which they could make representations subsequent to this disclosure. 2. PRODUCT CONCERNED AND LIKE PRODUCT In the absence of any comments concerning the product concerned and the like product, recitals (14) to (17) of the provisional Regulation are hereby confirmed. 3. DUMPING 3.1. Market Economy Treatment (MET) — Individual Treatment (IT) In the absence of any comments concerning the MET and IT findings, recitals (18) to (23) of the provisional Regulation are hereby confirmed. 3.2. Normal value Following the disclosure of the provisional findings, the cooperating exporting producer contested the use of the export prices from the USA to other countries (including the Union) as a basis for the determination of the normal value for the PRC. Instead, it proposed to use the price actually paid or payable in the Union for the like product because it considered that normal value determined on this basis would yield a lower dumping margin for the PRC. The same producer claimed that the normal value should be adjusted downwards in order to account for the effi- ciencies it enjoys as a vertically integrated producer in comparison with the complainant or the analogue country producer which do not have mining facilities for the main raw material, the molybdenum ore.