L 395/56 Official Journal of the European Union 31.12.2004 COUNCIL REGULATION (EC) No 2268/2004 of 22 December 2004 imposing a definitive anti-dumping duty on imports of tungsten carbide and fused tungsten carbide 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 38496 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. PROCEDURE 1. Measures in force (1) By Regulation (EEC) No 2737/90 (%) the Council imposed a definitive anti-dumping duty of 33% on imports of tungsten carbide and fused tungsten carbide originating in the People’s Republic of China (PRC). By Decision 90/480/EEC (°) the Commission accepted undertakings given by two major exporters concerning the product subject to measures. (2)  Following the withdrawal of the undertakings by the two Chinese exporters concerned, the Commission imposed by Regulation (EC) No 2286/94 (*) a provisional anti- dumping duty on imports of the product concerned. (3) By Regulation (EC) No 610/95 (°) the Council amended Regulation (EEC) No 2737/90 and imposed a definitive duty of 33% on imports of tungsten carbide and fused tungsten carbide. Following a review which had been initiated pursuant to Article 11(2) of the basic Regulation () 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 264, 27.9.1990, p. 7. Regulation as amended by Regulation (EC) No 610/95 (O] L 64, 22.3.1995, p. 1). () OJ L 264, 27.9.1990, p. 59. (% OJ L 248, 23.9.1994, p. 8. Regulation as amended by Regulation (EC) No 82/95 (O] L 14, 20.1.1995, p. 1). () O L 64, 2231995, p. 1. (‘the previous review investigation’), these measures were extended for another five-year period by Regulation (EC) No 771/98 (9). 2. Present investigation (4)  Following the publication of a notice of the impending expiry of the anti-dumping measures in force on imports of tungsten carbide and fused tungsten carbide origi- nating in the PRC () on 9 January 2003 the Commission received a request for an expiry review from Eurometaux (‘the applicant) on behalf of producers representing a major proportion, in this case more than 80%, of the total Community production. The request was based on the grounds that the expiry of measures would be likely to result in a continuation or recurrence of dumping and injury to the Community industry. (5)  Having determined, after consultation of the Advisory Committee, that sufficient evidence existed for the initiation of a review, the Commission initiated an inves- tigation, pursuant to Article 11(2) of the basic Regu- lation (8). 3. Request for interim review (6)  On 25 November 2003, the Commission also received a request for an interim review from the applicant, on behalf of producers representing a major proportion of the total Community production. (7)  The applicant alleged that a new product type had appeared on the market which shares the same basic physical and chemical characteristics and end uses as the product concerned by the measures in force on imports of tungsten carbide and fused tungsten carbide originating in the PRC. Although not subject to the measures, the applicant claimed that the new product type is in fact a part of the product concerned. The applicant claimed that, in consequence, the existing measures were no longer sufficient to counteract the dumping which is causing injury, and that the scope of the measures should therefore be amended so that the new product type falls within the product definition. (9 O] L 111, 9.4.1998, p. 1. (7) Commission Regulation (EC) No 1094/2002 (O] C 166, 12.7.2002, p- 2). (% O] C 84, 8.4.2003, p. 2.