L 131/18 Official Journal of the European Union 25.5.2005 COUNCIL REGULATION (EC) No 779/2005 of 23 May 2005 terminating the partial interim review of the anti-dumping measures applicable to imports of silicon carbide originating in Ukraine 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 (') (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. Measures in force (1) By Regulation (EC) No 821/94 (3, following an expiry review, the Council imposed a definitive anti-dumping duty on imports of silicon carbide originating inter alia in Ukraine (the measures). By Regulation (EC) No 1100/2000 (}), following an expiry review, requested by the European Chemical Industry Council (‘CEFIC’) the Council maintained the measures at their original level. By Regulation (EC) No 991/2004 (*) the Council amended Regulation (EC) No 1100/2000 as a consequence of the enlargement of the European Union by the accession of 10 new Member States on 1 May 2004 (the ‘EU 10’) in order to provide, in the event of an undertaking being accepted by the Commission, for the possibility to exempt imports to the Community made under the terms of such undertaking from the anti- dumping duties imposed by Regulation (EC) No 1100/2000. By Decisions 2004/498/EC (*) and 2004/782[EC (°), the Commission accepted the under- takings offered by the Ukrainian exporting producer Open Joint Stock Company “Zaporozhsky Abrasivny Combinat’ (ZAC). () 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 94, 13.4.1994, p. 21. Regulation as amended by Regulation (EC) No 1786/97 (O] L 254, 17.9.1997, p. 6). L 125, 26.5.2000, p. 3. L 182, 19.5.2004, p. 18. L 183, 20.5.2004, p. 88. L 344, 20.11.2004, p. 37. (2)  The actual rate of the duty applicable to the net, free-at- Community-frontier price, before duty, is 24 % for imports of silicon carbide originating in Ukraine. 2. Current investigation (3)  The Commission received a request lodged by ZAC (the applicant) for a partial interim review pursuant to Article 11(3) of the basic Regulation. (4)  The request was based on the prima facie evidence, provided by the applicant, that the circumstances on the basis of which measures were established have changed and that these changes are of lasting nature. The applicant alleged, inter alia, that the circumstances with regard to market economy status (MES) had changed significantly. In particular, the applicant argued that it now fulfilled the requirements to be granted MES pursuant to Article 2(7)(b) of the basic Regulation. Furthermore, the applicant provided evidence showing that a comparison of normal value based on its own cost/domestic prices and its export prices to the USA as a third country market comparable to the EU, would lead to a reduction of dumping significantly below the level of the current measure. Accordingly, the applicant alleged that the continued imposition of the measure at its current level was no longer necessary to offset dumping. (5)  The Commission, after consulting the Advisory Committee, initiated on 7 January 2004 by notice published in the Official Journal of the European Union (7) a partial interim review limited in scope to the exami- nation of dumping and MES as far as ZAC is concerned. (6)  The Commission sent a questionnaire and a claim form for MES pursuant to Article 2(7) of the basic Regulation to the applicant. (7 The Commission sought and verified all the information it deemed necessary for the determination of dumping and MES. A verification visit was carried out at the premises of the applicant. (8)  The investigation of dumping covered the period from 1 January 2003 to 31 December 2003 (hereinafter referred to as ‘investigation period’ or ‘IP’). () O] C 3, 7.1.2004, p. 4.