No L 16/34 Official Journal of the European Communities 22. 1. 91 COMMISSION DECISION of 11 January 1991 terminating the anti-dumping proceeding concerning imports of Portland cement originating in Yugoslavia (91/29/EEC) 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 9 thereof, After consultation within the Advisory Committee as provided for in Regulation (EEC) No 2423/88, Whereas : ) @ G “) A. PROCEDURE In December 1988 the Commission received a complaint lodged by the Associazione Italiana Tecnico Economica del Cemento acting on behalf of producers representing a large majority of Italian producers of cement. The complaint contained prima facie evidence of dumping on a regional basis and of injury resulting therefrom which was considered sufficient to justify initiating a proceeding in order to establish whether the facts alleged existed and justified any action being taken. The Commission accordingly announced, by a notice in the Official Journal of the European Communities (), the initiation of an anti-dumping proceeding concerning imports originating in Yugoslavia to Italy of Portland cement other than white Portland cement, in bulk or in bags used in the construction industry, corres- ponding to CN code 25232900 and began an investigation. The Commission officially so advised the exporters and importers known to be concerned, the repre- sentatives of Yugoslavia and the complainant and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing. The Yugoslav producers/exporters concerned in this proceeding made their views known in writing. One producer has requested and has been granted a hearing. () OJ No L 209, 2. 8. 1988, p. 1. () OJ No C 149, 16. 6. 1989, p. 4. / 6 ) ® The Italian importers of the product concerned made their views known in writing and one requested and has been granted a hearing. Of the nine Italian producers of the product mentioned in the complaint, three declined to respond to the Commission’s questionnaire stating that they did not consider they were affected by the Yugoslavian imports. The remaining six producers made their views known in writing. The Greek producers of the product concerned made their views known in writing. The period under investigation with regard to dumping was 1 May 1988 to 30 April 1989. With regard to injury and threat of injury, facts which occurred after 30 April 1989 were not taken into consideration. , The Commission sought and verified all informa- tion it deemed to be necessary for the purposes of a preliminary determination and carried out investi- gations at the premises of the following Communtiy producers : — Colacem, Gubbio, — Sacci SpA, Rome, — Cementir, Rome, — Italcementi SA, Bergame, — Unicem, Turin, -—— Friulcem, Turin, — Cementizillo, Este. B. REGIONALITY The Commission established that approximately 99 % of the total Italian cement production is sold in the Italian market and that demand for cement in Italy is not supplied to a substantial degree by producers located elsewhere in the Community. The Italian industry can therefore be considered to constitute the Community industry within the terms of Article 4 (5) of Regulation (EEC) No 2423/88. The Commission found that four areas in Italy were particularly affected by the imports from the product originating in Yugoslavia. It was consi- dered whether these areas, either individually or collectively, could constitute the Community industry. Evidence obtained during the investiga- tion showed that the cement market in these areas