24.3.2011 Official Journal of the European Union L 78/1 II (Non-legislative acts) COUNCIL IMPLEMENTING REGULATION (EU) No 287/2011 of 21 March 2011 imposing a definitive anti-dumping duty on imports of tungsten carbide, tungsten carbide simply mixed with metallic powder and fused tungsten carbide originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 THE COUNCIL OF THE EUROPEAN UNION, (3) By Regulation (EC) No 610/95 (°), the Council amended Regulation (EEC) No 2737/90 and imposed a definitive duty of 33 % on imports of tungsten carbide and fused tungsten carbide. Following a review which had been initiated pursuant to Article 11(2) of the basic Regulation (‘the previous review investigation’), these measures were extended for another five-year period by Council Regu- lation (EC) No 771/98 (). 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), (4) 5 and 6 thercof By Regulation (EC) No 2268/2004 (7), following an expiry review, the Council imposed an anti-dumping duty of 33 % on imports of tungsten carbide and fused tungsten carbide originating in the People’s Republic of Having regard to the proposal submitted by the European China (PRC). Commission (‘Commission’) after consulting the Advisory Committee, (5) By Regulation (EC) No 1275/2005 (%), the Council amended the definition of the product scope to also cover tungsten carbide simply mixed with metallic powder. Whereas: A. PROCEDURE 1. Measures in force . 2. Request for a review (1) By Regulation (EEC) No 2737/90 (3, the Council imposed a definitive anti-dumping duty of 33 % on (6) imports of tungsten carbide and fused tungsten carbide originating in the People’s Republic of China (PRC). By Decision 90/480/EEC (}) the Commission accepted undertakings given by two major exporters concerning the product subject to measures. Following the publication of a notice of impending expiry (°) of the definitive anti-dumping measures in force, the Commission received on 30 September 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 the European Association of Metals (Eurometaux) (the applicants’) on behalf of Union producers representing a major proportion, in this case more than 85 %, of the total 1 2 4 Following the withdrawal of the undertakings by the two Chinese exporters concerned, the Commission imposed by Regulation (EC) No 2286/94 (*) a provisional anti- dumping duty on imports of the product concerned. 343, 22.12.2009, p. 51. 264, 27.9.1990, p. 7. () oL () oL () OJ L 264, 27.9.1990, p. 59. () oL 248, 23.9.1994, p. 8. ( ( ( ( ( 5 6 = 8 9 Union production of tungsten carbide, tungsten carbide simply mixed with metallic powder and fused tungsten carbide. 64, 22.3.1995, p. 1. 111, 9.4.1998, p. 1. 202, 3.8.2005, p. 1. 115, 20.5.2009, p. 18. ) O] L ) O] L ) O] L 395, 31.12.2004, p. 56. ) O] L ) O] C