30.9.2004 Official Journal of the European Union L 303/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1683/2004 of 24 September 2004 imposing a definitive anti-dumping duty on imports of glyphosate originating in the People’s Republic of China 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 Articles 11(2) and 11(3) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Measures in force (1)  In February 1998 the Council, by Regulation (EC) No 368/98 (3), imposed definitive anti-dumping measures (the original measures) in the form of a duty of 24 % on imports of glyphosate originating in the People’s Republic of China (the PRC). That Regulation was amended by Council Regulation (EC) No 1086/2000 () which increased the duty to 48% following an anti- absorption investigation pursuant to Article 12 of the basic Regulation. Subsequently, following an anti-circum- vention investigation pursuant to Article 13 of the basic Regulation, Council Regulation (EC) No 163/2002 (¥ extended the 48% duty imposed on imports of glyphosate originating in the PRC to imports of glyphosate consigned from Malaysia and Taiwan (whether declared as originating in Malaysia or Taiwan or not), with the exception of those produced by one named company in each of these countries. 2. Initiation of expiry and interim review investigations (2)  Following the publication of the Notice of impending expiry of the anti-dumping measures applicable to imports of glyphosate originating in the PRC(®), the (*) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12). () O] L 47, 18.2.1998, p. 1. () O] L 124, 25.5.2000, p. 1. () O] L 30, 31.1.2002, p. 1. () 0] C 120, 23.5.2002, p. 3. Commission received on 18 November 2002, a request to review these measures pursuant to Article 11(2) of the basic Regulation. (3)  The request was lodged by the European Glyphosate Association (EGA) (the applicant) on behalf of producers representing a major proportion, in this case more than 90 %, of the total Community production of glyphosate. (4)  The request was based on the grounds that the expiry of the measures would be likely to result in the conti- nuation or recurrence of dumping and injury to the Community industry. Moreover, on the basis of the evidence contained in the request, the Commission considered that the level of the measure was not sufficient to counteract the injurious dumping practices, which justified the ex officio initiation of a full interim review of the measures encompassing all aspects of the proceeding. Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry and an interim review pursuant to Articles 11(2) and 11(3) of the basic Regu- lation, the Commission published a Notice of initiation of these reviews in the Official Journal of the European Union (°). 3. Parties concerned by the investigations (5)  The Commission officially advised the authorities of the PRC, the Chinese exporting producers, the producers, importers and users in the Community which were iden- tified in the request as being concerned, as well as their associations, of the initiation of the investigations. Interested parties were given an opportunity to make their views known in writing and to request a hearing within the time limit set in the Notice of initiation. (6) In view of the apparent large number of exporting producers of the product concerned in the PRC, known from the request and from the previous investigation, the use of sampling techniques for the investigation of dumping was envisaged in the Notice of initiation. Addi- tionally, the Commission sent sampling questionnaires to importers known to the Commission services. (%) O] C 36, 15.2.2003, p. 18.