26.6.2012 Official Journal of the European Union L 165/1 (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 540/2012 of 21 June 2012 amending Regulation (EC) No 954/2006 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine 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 (the Commission) after having consulted the Advisory Committee, Whereas: A. PROCEDURE (1)  In March 2005, the Commission initiated an investi- gation (3 with regards to imports of certain seamless pipes and tubes (SPT) originating, inter alia, in Ukraine (‘original investigation). In June 2006 definitive anti- dumping duties were imposed by Council Regulation (EC) No 954/2006 (°). In addition, on 30 November 2007, the Commission published a Notice in the Official Journal of the European Union, reflecting a name change of two Ukrainian exporting producers (*). (2)  On 8 September 2006, Interpipe Nikopolsky Seamless Tubes Plant Niko Tube and Interpipe Nizhnedneprovsky Tube Rolling Plant (Interpipe group’ or ‘the applicants) lodged a request (°) before the Court of First Instance of the European Communities (CFI) to annul Regulation (EC) No 954/2006 as far as it affects them. () O] L 343, 22.12.2009, p. 51. () O] C 77, 31.3.2005, p. 2. () O] L 175, 29.6.2006, p. 4. (4 0] C 288, 30.11.2007, p. 34. () O] C 261, 28.10.2006, p. 28. 3)  With regard to (JSC Nikopolosky Seamless Tubes Plant Niko Tube and OJSC Nizhnedneprovsky Tube Rolling Plant (NTRP) it is recalled that their company names changed in February 2007 to CJSC Interpipe Nikopolsky Seamless Tubes Plant Niko Tube and OJSC Interpipe Nizhnedneprovsky Tube Rolling Plant, respectively (°). Subsequently, CJSC Interpipe Nikopolsky Seamless Tubes Plant Niko Tube has been discontinued as a legal entity and all its property and non-property rights and liabilities were taken over by LLC Interpipe Niko Tube, which was established in December 2007. (4) By its judgment of 10 March 2009 (’), the CFI annulled Article 1 of Regulation (EC) No 954/2006 in so far as the anti-dumping duty fixed for exports by the applicants exceeds that which would have been applicable had the export price not been adjusted for a commission when sales took place through the related trading company. (5)  The Council of the European Union and the Commission, as well as the applicants, lodged appeals requesting the Court of Justice of the European Union (EC)) to set aside the CFI judgment of 10 March 2009. On 16 February 2012, the EC] dismissed both the appeals and the cross-appeal (the Judgment) (%) and thus confirmed the CFI (now the General Court) judgment of 10 March 2009. (6)  Article 1 of Regulation (EC) No 954/2006 was consequently annulled to the extent to which the anti- dumping duty imposed on exports into the European Union of goods produced and exported by the Interpipe group exceeded that which would be applicable if export price not been adjusted for a commission when sales took place through the related trading company. (6) OJ C 288, 30.11.2007, p. 34. (7) Case T-249/06 — Interpipe Niko Tube and Interpipe NTRP v Council [2009] ECR 11-383. (®) OJ C 98, 31.3.2012, p. 2.