19.5.2004 Official Journal of the European Union L 182/5 COUNCIL REGULATION (EC) No 990/2004 of 17 May 2004 amending Regulation (EC) No 151/2003 imposing a definitive anti-dumping duty on imports of certain grain oriented electrical sheets originating in Russia THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (') (the ‘basic Regulation’), and in particular Article 11(3) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Previous investigations and measures in force (1)  The Commission, by Decision No 303/96/ECSC (3, imposed a definitive anti-dumping duty on imports of certain grain-oriented electrical sheets originating in Russia (‘the original investigation’). The rate of the anti- dumping duty imposed was 40,1%. An undertaking offered in connection with such imports was accepted by the same Commission Decision. (2)  Further to a request lodged by the European Confed- eration of Iron and Steel Industries (Eurofer) on behalf of the Community industry of grain oriented electrical sheets, the Commission initiated an expiry review in accordance with Article 11(2) of Commission Decision No 2277[96/ECSC (%) (the ‘basic Decision’). At the same time, the Commission also initiated on its own initiative an investigation in accordance with Article 11(3) of the basic Decision in order to examine the appropriateness of the form of the measures (¥). (3) In view of the expiry of the Treaty establishing the European Coal and Steel Community on 23 July 2002, the Council, by Regulation (EC) No 963/2002 (%), decided that anti-dumping proceedings initiated pursuant to the basic Decision and still in force were to be continued and be governed by the provisions of the basic Regulation with effect from 24 July 2002. Likewise, any anti- () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12). (®) OJ L 42, 20.2.1996, p. 7. () OJ L 308, 29.11.1996, p. 11. Decision as last amended by Decision No 1000/99/ECSC (O] L 122, 12.5.1999, p. 35). () 0] C 53, 20.2.2001, p. 13. (*) OJ L 149, 7.6.2002, p. 3. Regulation as last amended by Regulation (EQ) No 1310/2002 (O] L 192, 20.7.2002, p. 9). dumping measures resulting from pending anti-dumping investigations were to be governed by the provisions of the basic Regulation from 24 July 2002. As a result of the expiry review mentioned in recital (2), the Council, in January 2003, by Regulation (EC) No 151/2003 (%), confirmed the definitive anti-dumping duty imposed by Commission Decision No 303/96/ ECSC. However, the interim review limited to the form of the measures remained open at the conclusion of the expiry review. 2. Grounds for the reviews 2.1. Interim reviews limited to dumping The Commission received two requests for a partial interim review pursuant to Article 11(3) of the basic Decision which, pursuant to Article 1(3) of Council Regulation (EC) No 963/2002 were treated according to Article 11(3) of the basic Regulation. The requests were lodged by OO0 VIZ — STAL (VIZ STAL), and Novolipetsk Iron and Steel Corporation (NLMK’) (VIZ STAL and NLMK are hereinafter referred to as ‘the applicants), both exporting producers from Russia. Both requests were based on the grounds that the applicants fulfilled the requirements to be granted market economy status and that their dumping margins had decreased substantially. Accordingly, they alleged that the continued imposition of the measure at its current level was no longer necessary to offset dumping. Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an interim review, the Commission, by notice, initiated, in August 2002, an investigation pursuant to Article 11(3) of the basic Regulation, with respect to VIZ STAL(’) (and subsequently, in October 2002, an investigation pursuant to Article 11(3) of the basic Regulation with respect to NLMK (%). Both reviews were limited to the examination of dumping. The Commission officially advised the applicants as well as the representatives of the exporting country of the initiation of the interim reviews, and gave all interested parties the opportunity to make their views known in writing and to request hearings within the time limits set out in the notices of initiation. 25, 30.1.2003, p. 7. oL 0] C 186, 6.8.2002, p. 15. 0] C 242, 8.10.2002, p. 16.