28. 7. 90 Official Journal of the European Communities No L 1%8/57 COUNCIL REGULATION (EEC) No 2200/90 of 27 July 1990 imposing a definitive anti-dumping duty on imports of silicon metal originating in the People’s Republic of China 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 (4  The Council confirms that, in the absence of satis- of 11 Jjuly 1988 on protection against dumped or subsi- factory cooperation from these companies, there is dized imports from countries not members of the Euro- no other possibility but to establish normal value pean Economic Community ('), and in particular Article on the basis of the price payable in the Commu- 12 thereof, nity for the like product, duly adjusted to include a reasonable profit margin in accordance with Article Having regard to the proposal submitted by the Commis- 2.(5) (c) of Regulation (EEC) No 2423/88. However sion “after consultation within the Advisory Committee as adjustments have been made when comparing provided. for under the. abovementioned Regulation, normal value and export price as set out under reci- tals (5) and (6) below. Whereas : D. Export Price A. Provisional Measures (5)  Since the Commission had no other findings, the (1) - The Commission, by Regulation (EEC) No . export prices have been definitively -established in - 720/90 (¥ imposed a provisional anti-dumping duty accordance with Article 7 (7) (b) of Regulation on imports into the Community of silicon metal (EEC) No 2423/88 on the basis of the information falling within CN code 2804 69 00 and originating available, i.e. the import prices. published by in the People’s Republic of China. Eurostat. ‘ (6) The Commission found that this information was B. Subsequent Procedure very similar to the information supplied by the exporters which had given partial replies to the (2)  Following the imposition of the provisional anti- Commission’s questionnaire. - dumping duty, the representatives of the complain- ants, as well as representatives of the British and (77 The Council confirms the Commission’s findings German user industry. and one of the British and conclusions set out.in the 11th and 12th reci- importers, requested, and were granted, an opportu- tals of Commission Regulation (EEC) No 720/90. nity to be heard by the Commission. They also - made written submissions: making known their views on the provisional findings. E. Comparison (8)  One of the importers and a major part of the user C. Dumping industry alleged that the Commission, in compa- ring normal value, had not sufficiently taken into (3" For the purpose of definitive findings, normal value account the differences affecting the comparability was established on the basis of the same method as of prices and, in particular, differences in .the that - used for the provisional determination of physical characteristics of the products and in the dumping. This method has been criticized by one costs of transport from China to the Community. of the importers as not being justified, given the fact that the production conditions in the Commu- (9  However, the Commission, in comparing normal nity and the People’s Republic of China are not comparable. However, in the case of imports from non-market economy countries, Article 2 (5) of Regulation (EEC) No 2423/88 provides that normal value shall be determined in an appropriate and not unreasonable manner, whenever possible, on the basis of prices or costs of manufacturers in a () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 80, 27. 3. 1990, p. 9. market economy third country. For this purpose the Commission contacted producers in four diffe- rent countries, as described in the 10th recital of Regulation (EEC) No 720/90. value- with. export prices, had adjusted the export price- by the -costs incurred by the importer as a result of checks on  differences in volume and . quality. Allowance was also made for differences in packaging and for the transport costs from China to the Community, as referred to in the thirteenth recital of Regulation (EEC) No 720/90. The Council confirms the Commission’s conclu- sions.