L 140)2 Official Journal of the European Union 8.6.2010 REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 492/2010 of 3 June 2010 imposing a definitive anti-dumping duty on imports of sodium cyclamate originating in the People’s Republic of China and Indonesia following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 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 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 and Article 11(2) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. MEASURES IN FORCE (1) By Regulation (EC) No 435/2004 (3, the Council imposed, following an anti-dumping investigation (the original investigation’), a definitive anti-dumping duty on imports of sodium cyclamate originating in the People’s Republic of China (‘China’) and Indonesia (together ‘the countries concerned)). 2. PRESENT INVESTIGATION 2.1. REQUEST FOR REVIEW (2) A request for an expiry review was lodged on 11 December 2008 by Productos Aditivos S.A., the sole Union producer of sodium cyclamate. (3)  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. 2.2. INITIATION (4)  Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission initiated () O] L 343, 22.12.2009, p. 51. () O] L 72, 11.3.2004, p. 1. an investigation pursuant to Article 11(2) of the basic Regulation on 10 March 2009 by a notice published in the Official Journal of the European Union (°) (the notice of initiation’). 2.3. INVESTIGATION PERIOD (5)  The investigation of likelihood or recurrence of dumping and injury covered the period from 1 January 2008 to 31 December 2008 (review investigation period’ or ‘RIP). The examination of the trends relevant for the assessment of a likelilhood of a continuation or recurrence of injury covered the period from 1 January 2005 to the end of the RIP (‘period considered). 3. PARTIES CONCERNED BY THIS INVESTIGATION (6)  The Commission officially advised the applicant Union producer, known importers, suppliers and users, the known exporting producers in China and Indonesia and the authorities of the countries concerned of the initiation of the expiry review. (7)  Interested parties were given an opportunity to make their views known in writing and to request a hearing within the time limits set in the notice of initiation, but no one submitted such a request to the Commission. (8)  The Commission sent questionnaires to all known exporting producers in China and in Indonesia. Two companies from China, both belonging to the Hong Kong-based group Rainbow Rich Industrial Ltd, and two companies from Indonesia indicated their willingness to cooperate and replied to the dumping questionnaire. (99  Two additional Chinese producers, Fang Da Food Additive (Shenzhen) Limited and Fang Da Food Additive (Yan Quan) Limited, made themselves known. The original investigation found that those companies were not dumping in the Union market. As a conse- quence, Fang Da Food Additive (Shenzhen) and Fang Da Food Additive (Yan Quan) are not subject to the present expiry review. () O] C 56, 10.3.2009, p. 42.