16.12.2010 Official Journal of the European Union L 332/17 COUNCIL IMPLEMENTING REGULATION (EU) No 1186/2010 of 13 December 2010 imposing a definitive anti-dumping duty on imports of certain graphite electrode systems originating in India following an expiry review pursuant to Article 11(2) of Regulation (EC) No 12252009 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 Articles 9(4) and 11(2), (5) and (6) thereof, Having regard to the proposal submitted by the European Commission (the Commission) after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Measures in force The Council, following an anti-dumping investigation (the original investigation), by Regulation (EC) No 1629/2004 (%), imposed a definitive anti-dumping duty on imports of certain graphite electrodes currently falling within CN code ex 8545 11 00 and nipples used for such electrodes 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 %. The Council, following an anti-subsidy investigation, by Regulation (EC) No 1628/2004 (*), imposed a definitive countervailing duty on imports of certain graphite elec- trodes currently falling within CN code ex 8545 11 00 and nipples used for such electrodes currently falling within CN code ex 8545 90 90 originating in India (the definitive countervailing measures). The measures took the form of an ad valorem duty of 15,7 %, with the exception of one company for which the duty rate was 7 %. Following an ex officio partial interim review of the countervailing measures, the Council, by Regulation (EC) No 1354/2008 (%), amended Regulations (EC) No 1 2 () OJ L 343, 22.12.2009, p. 51. () O] L () O] L () O L 295, 18.9.2004, p. 10. 295, 18.9.2004, p. 4. 4 350, 30.12.2008, p. 24. ( ( ( ( 5 6 7 8 ) O] ) O] ) O] ) O] 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 residual duty rate of 7,2 %. The definitive anti-dumping duties were amended to 9,4 % and 0 % for imports from individually named exporters, with a residual duty rate of 8,5 %. 2. Request for an expiry review Following the publication of a notice of impending expiry (°) of the definitive anti-dumping measures in force, the Commission received on 18 June 2009 a request for the initiation of an expiry review of these measures pursuant to Article 11(2) of the basic Regu- lation. The request was lodged by three Union producers: Graftech International, SGL Carbon GmbH, and Tokai Erftcarbon GmbH (the applicants) representing a major proportion, in this case more than 90 %, of the total Union production of certain graphite electrode systems. The request was based on the grounds that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury to the Union industry. 3. Initiation of an expiry review Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission announced on 17 September 2009, 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 11(2) of the basic Regulation. 4. Parallel investigations By a notice of initiation published in the Official Journal of the European Union on 17 September 2009 (7), the Commission also announced the initiation of an expiry review investigation pursuant to Article 18 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (%) of the definitive countervailing measures. C 34, 11.2.2009, p. 11. C 224, 17.9.2009, p. 20. C 224, 17.9.2009, p. 24. L 188, 18.7.2009, p. 93.