28. 11. 91 Official Journal of the European Communities No L 326/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3433/91 of 25 November 1991 imposing a definitive anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in Japan, the People’s Republic of China, the Republic of Korea and Thailand and definitively collecting the provisional anti-dumping duty THE COUNCIL 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 12 thereof, Having regard to the proposal from the Commission ‘submitted after consultation within the Advisory Committee as provided for under the above Regulation, Whereas : A. PROVISIONAL MEASURES ()  The . Commission, by Regulation (EEC) No 1386/91 (%), imposed a provisional anti- dumping duty on imports into the Community of gas-fuelled, non-refillable pocket flint lighters (hereinafter referred to as lighters) originating in Japan, the People’s Republic of China, the Repub- lic of Korea and Thailand and falling within CN code ex 96131000 (Taric code: 9613 10 00"10). The Council, by Regulation (EEC) No 2832/91 (%), extended this duty for a period not exceeding two months. B. SUBSEQUENT PROCEDURE (2)  Following the imposition of the provisional anti- dumping duty, the interested parties who so requested were granted an opportunity to be heard by the Commission. They also made written submissions making known their views on the findings. v () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 133, 28. 5. 1991, p. 20. () OJ No L 272, 28. 9. 1991, p. 1. &) “ © © Parties were informed in writing of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive duties and the definitive collection of amounts secured by way of a provisional duty. They were also granted a period within which to make representations subsequent to the disclosure. The oral and written comments submitted by the parties were considered and, where appropriate, the Commission findings were modified to take account of them. C. PRODUCT A number of exporters and one importer repeated the arguments put forward .in the administrative procedure before the provisional measures, namely that the Community producers’ lighters and the imported lighters are not like 'products, since certain of the Community models produce more ignitions. The Council, however, confirms the Commission’s conclusions on this point, outlined in recital 13 of Regulation (EEC) No 1386/91, on which no new evidence was submitted. The Council, therefore, confirms that the lighters produced and sold by the Community manufac- turers, form one single category of product and constitute a product alike in all respects to the product imported from Japan, the People’s Republic of China, the Republic of Korea and Thailand within the meaning of Article 2 (12) of Regulation (EEC) No 2423/88. D. DUMPING The Thai producer and exporter, Thai Merry Co. Ltd, provided fresh evidence concerning the depre- ciation amount used by the Commission for the