25.8.2004 Official Journal of the European Union L 275/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1496/2004 of 18 August 2004 amending Council Regulation (EC) No 964/2003 imposing a definitive anti-dumping duty on imports of certain tube or pipe fittings originating, inter alia, in Thailand 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 existing measures (1) The measures currently in force on imports of certain tube or pipe-fittings, of iron or steel originating in Thailand are a definitive anti-dumping duty imposed originally by Council Regulation (EC) No 584/96 (%), as amended by Council Regulation (EC) No 1592/2000 () and confirmed, following an expiry review investigation, by Council Regulation (EC) No 964/2003 (. (2)  The measures applicable to these imports consist of an ad valorem duty, except for two Thai exporting producers from which undertakings were accepted by Commission Decision 96/252/EC(°), as amended by Commission Decision 2000/453/EC (°). () 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). L 182, 21.7.2000, p. 1. L 139, 6.6.2003, p. 1. L 84, 3.4.1996, p. 46. L 182, 21.7.2000, p. 25. (3)  In April 2001, the Commission simultaneously initiated an expiry review investigation () pursuant to Article 11(2) of the basic Regulation and an ex officio interim review pursuant to Article 11(3) of the basic Regulation. The review pursuant to Article 11(2) of the basic Regu- lation was concluded by Regulation (EC) No 964/2003 maintaining the existing measures. However, the interim review, pursuant to Article 11(3) of the basic Regulation, remained open at the conclusion of the expiry review. 2. Grounds for the review 4 In April 2001, the Commission initiated, on its own initiative, an ex ofﬁcio interim review, pursuant to Article 11(3) of the basic Regulation, in order to examine the appropriateness of the form of the measures concerning the imports originating in Thailand. In this respect, it should be noted that enfor- cement problems have been encountered in the moni- toring of the undertakings accepted from two exporters in Thailand, ie. Awaji Sangyo (Thailand) Co. Ltd and TTU Industrial Corp. Ltd (the exporters concerned), with consequences on the remedial effect of the measures. After consulting the Advisory Committee, the Commission initiated an investigation limited to the form of the measures. The initiation of the review was announced simultaneously to the initiation of the expiry review by which the existing measures were confirmed. (5)  The Commission officially advised the applicant Community producers, the exporting producers in Thailand, importers/traders, user industries, and asso- ciations of users known to be concerned, as well as the representatives of the Thai Government of the initiation of the review. The Commission also gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing. (6)  Following disclosure of the results of the investigation pursuant to Article 11(2) of the basic Regulation, a Thai exporting producer, Awaji Sangyo (Thailand) Co. Ltd (the applicant), lodged a request in April 2002 for () 0] C 103, 3.4.2001, p. 5.