30. 3. 90 Official Journal ‘of the European Communities No L 83/29 COMMISSION REGULATION (EEC) No 762/90 of 26 March 1990 imposing a provisional anti-dumping duty on imports of tungstic oxide and tungstic acid originating in the People’s Republic of China THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsi- dized imports- from countries not members of the Euro- pean Economic Community (') and in particular Article 11 thereof, After consultation with the Advisory Committee as: provided for in the above- Regulation, Whereas : A. PROCEDURE (1) In July 1988 the Commission received a written complaint lodged by the EEC Liaison Committee for the Non-Ferrous Metal Industries on behalf of producers representing most of the Community production of tungstic oxide and tungstic acid. The complaint contained evidence of dumping and consequent injury which was judged sufficient to justify the initiation of a proceeding. In a notice published in the Official Journal of the European Communsties (*), the Commission accor- dingly announced the initiation of an anti- dumping proceeding concerning imports into the Community of tungstic oxide and tungstic acid falling within CN code 2825 90 40 and originating in the People’s Republic of China. (@ The Commission -officially advised the exporters and importers known to be concerned, the repre- sentatives of _the exporting country and - the complainants. It called on the parties concerned to reply to the questionnaires sent to them, and gave them the opportunity to make their views known in writing and request a hearing. (3)- All the Community producers on whose behalf the complaint was lodged replied to the questionnaires, made their views known in writing and requested and were granted hearings by the Commission. () OJ No L 209, 2. 8. 1988, p. 8 1. () OJ No C 322, 15. 12. 1988, p. 5. @ G (6) None of the three main Chinese- export bodies, their -28 regional offices nor. any-of the eight Chinese producers to which the Commission sent the questionnaires returned them completed, even partially. However, the China Chamber of Commerce of - Metals, Minerals and Chemicals Importers and Exporters, henceforward referred to as the ‘China Chamber of Commerce’, brought itself to the atten- tion -of the Commission and informed -t that it intended to reply to the questionnaires on behalf of all the Chinese exporters and producers referred to above. On two .occasions the China Chamber -of Commerce requested and obtained from the Commission - an extension of the deadline to prepare a reply to the questionnaires. However, in lieu of a specific reply to the questionnaires all that was received by the Commission was a general position paper. The China Chamber of Commerce also requested and. was granted a hearing, at which it put forward both general arguments and arguments relating to- other intermediate tungsten products for which separate anti-dumping proceedings had been insti- tuted. None of the nine companies listed in the complaint as importers of tungstic oxide and tung- stic acid originating in China replied to the ques- tionnaires sent out by the Commission. As a result, in-the case of the parties. which had neither replied nor given any other reaction, findings were made, in accordance with Article 7 (7) (b) of Regulation 2423/88, on the basis of the facts available here, the information provided by the complainant and the Community’s official statistics. Using as a source the parties which had agreed to - cooperate with it, the Commission sought and veri- fied all the information it deemed: necessary for the purposes of making a preliminary determination of dumping and consequent injury. To these ends it carried- out inspections at the premises of : a. Community producers- — Hermann C. Stark Berlin GmbH & Co. KG, Diisseldorf and Goslar, Germany, — Murex Ltd, Rainham, United Kingdom, — Eurotungsténe  Poudres SA, Grenoble, France ;