4.3.2004 Official Journal of the European Union L 66/15 COUNCIL REGULATION (EC) No 398/2004 of 2 March 2004 imposing a definitive anti-dumping duty on imports of silicon originating in the People's Republic of China THE COUNCIL OF THE EUROPEAN UNION, (3)  Having determined, after consultation of the Advisory 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 (') (basic Regulation), and in particular Article 11(2) thereof, Having regard to the proposal submitted by the Commission, after consulting the Advisory Committee, Whereas: PROCEDURE Measures in force (1) By Regulation (EC) No 2496/97 (3, the Council imposed a definitive ad valorem anti-dumping duty on imports of silicon originating in the People's Republic of China (PRC or China). The rate of the definitive duty applicable to the net free-at-Community frontier price, before duty, was 49 %. It should be noted that the original measures were imposed by Regulation (EC) No 2200/90 (), and that Regulation (EC) No 249697 concluded an expiry review. Request for a review ) Following the publication, in March 2002, of a notice (%) of the impending expiry of the anti-dumping measures in force on imports of silicon originating in the People's Republic of China, the Commission received a request for a review pursuant to Article 11(2) of the basic Regu- lation. The request was lodged on 9 September 2002 by Euroalliages (Liaison Committee of the Ferro-Alloy Industry) (the applicant) on behalf of producers repre- senting 100 % of the Community production of silicon metal. The request alleged that the expiry of measures would be likely to result in a continuation or recurrence of dumping and injury to the Community industry. (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 1972/2002 (O] L 305, 7.11.2002, p. 1). () OJ L 345, 16.12.1997, p. 1. () O] L 198, 28.7.1990, p. 57. Regulation amended by Regulation (EC) No 1607/92 (O] L 170, 25.6.1992, p. 1). () O] C 67, 16.3.2002, p. 34. Committee, that sufficient evidence existed for the initia- tion of a review, the Commission announced the initia- tion of an expiry review (%), pursuant to Article 11(2) of the Basic Regulation and commenced an investigation. Investigation Procedure (4)  The Commission officially advised the complainant Community producers, exporting producers in the PRC, importers/traders, user industries, and associations of users known to be concerned, as well as the representa- tives of the Chinese Government of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation. (5)  Questionnaires were sent to all the parties that were offi- cially advised on the initiation of the review and to those who requested a questionnaire within the time limit set out in the notice of initiation. (6)  Replies to the questionnaire were received from the three applicant Community producers, one exporting producer, one importer and two producers in the analogue country. Interested parties and verification visits (7 The Commission sought and verified all the information it deemed necessary for the purpose of the determin- ation of the likelihood of continuation or recurrence of dumping and injury and of the Community interest. Verification visits were carried out at the premises of the following companies: (a) Exporting producer Dalian DC Silicon Co., Ltd — Dalian, PRC (b) Related Importer Dow Corning Ltd, Barry, Wales, United Kingdom (c) Producers in the analogue country Fesil ASA, Trondheim, Norway Elkem ASA, Oslo, Norway (d) Community producers Invensil, Pechiney Group, Paris, France Ferroatlantica, Madrid, Spain R W Silicium, Pocking, Germany () OJ C 246, 12.10.2002, p. 9.