No L 187/36 Official Journal of the European Communities 19. 7. 90 COMMISSION REGULATION (EEC) No 2051/90 of 17 July 1990 imposing a temporary anti-dumping duty on imports of woven polyolefin sacks 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 1 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, Following consultations within the advisory committee, as provided for-in- Regulation (EEC) No 2423/88, Whereas : A. PROCEDURE (1) In September 1988 the Commission received a complaint from the European Association for Textiles Polyolefin (EATP) (hereinafter referred to as ‘the complainant’) on behalf of 11 of the Community’s largest producers, whose combined production comprised a major part of total Community production of. . polyolefin sacks (hereafter referred to as ‘sacks’), in respect of imports of this product originating in the People’s Republic of China. (20 The complaint included sufficient - evidence of dumping and consequent major injury to justify initiating an investigation. The Commission there- fore announced in a notice published in the Offi- cial Journal of the European Communities(*), the initiation of an anti-dumping proceeding in respect of the product in question, which falls within CN code 6305 3191. (3) The Commission officially notified the principal exporters and importers - concerned, and the complainant, giving all’ concerned the opportunity to- submit their views in-writing and -request a hearing. (4 The main organization responsible for the export of sacks from China wrote giving the views of the () OJ No L 209, 2. 8. 1988, p. 1. (® OJ No C 21, 27. 1. 1989, p. 2. O Chinese. exporters. This organization, the China Chamber of Commerce of Importers and Exporters of Foodstuffs, Native Produce and Animal . By-products, also passed on the comments of the following nine exporters : — Shandong- Native Produce Import and Export Corporation, — Shanghai Native Produce Import and Export Corporation, — Jiangsu Native Produce’ Import and Export. Corporation, — Tianjin Native Produce Import and Export Corporation, — Hubei Native - Produce Import and Export Corporation, — Zheijiang Native Produce and Animal Bypro- ducts Import and Export Corporation, — Shanghai Stationery and Sporting Goods Import and Export Corporation, — Zheijiang Light Industrial Products Import and Export Corporation, — Wuhan Light Industrial - Products Import and Export Corporation. These nine exporters were. said to account for about. 90 % of sacks exported from China to the. Community and details of sack exports by other Chinese exporters were not available. Since China is not a market economy country within the meaning of Article 2 (5) of Regulation (EEC) No 2423/88 and the Chinese exporters’ comments- were presented in a single document, and also since not all -Chinese exporters were identified, the Commission félt that all Chinese exports should be regarded as a whole for- the purposes of the proceeding. ' - The Commission also had to. take ifito account when beginning the investigation the fact .that China does not have a market economy, and find a reference country for calculating normal value. The complainant had proposed taking the domestic market price of sacks in Morocco as a reference. Some of the importers who had submitted views and the Chinese organization criticized this choice