25.5.2005 Official Journal of the European Union L 131/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 778/2005 of 23 May 2005 imposing a definitive anti-dumping duty on imports of magnesium oxide 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 Article 11(2) thereof, Having regard to the proposal submitted by the Commission, after consulting the Advisory Committee, Whereas: A. MEASURES IN FORCE (1)  Following an expiry review, the Council imposed by Regulation (EC) No 1334/1999 (%) definitive anti-dumping measures on imports of magnesium oxide (product concerned) originating in the People’s Republic of China (the PRC). These measures took the form of a minimum import price. Following an interim review, by Regulation (EC) No 985/2003 (%), the Council amended the form of the anti-dumping measures in force by maintaining the minimum price but subject to specific conditions and imposing an ad valorem duty of 27,1 % in all other cases. (20 It should be noted that the original measures were imposed by Council Regulation (EC) No 1473/93 (%) (original investigation). B. PRESENT INVESTIGATION (3)  Following the publication of a notice of the impending expiry of the anti-dumping measures in force on imports of magnesium oxide originating in the PRC (°), the Commission’s services received a request for an expiry review pursuant to Article 11(2) of the basic Regulation. The request was lodged on 9 March 2004 by Eurométaux (the applicant) on behalf of producers representing a major proportion, in this case, 96 % of the total Community production of magnesium oxide. 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. (4)  Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission’s services announced the initiation of an expiry review (), pursuant to Article 11(2) of the basic Regulation and commenced an investigation. () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). () OJ L 159, 25.6.1999, p. 1. Regulation as amended by Regulation (EC) No 985/2003 (O] L 143, 11.6.2003, p. 1). () O] L 143, 11.6.2003, p. 1. (% O] L 145, 17.6.1993, p. 1. () O] C 230, 26.9.2003, p. 2. (9 O] C 138, 18.5.2004, p. 2.