27. 9. 90 vOfficial Journal of the European Communities No L 264/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 2735/90 ~of 24 September 1990 imposing a definitive anti-dumping duty on imports of tungsten ores and concentrates originating in the People’s Republic of China 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 submitted by the Commis- ~sion after consultation within the Advisory Committee as provided for under that Regulation, Whereas : A. Provisional measures (1) The Commission, by Regulation (EEC) No -761/90 (¥, imposed a provisional anti-dumping duty on imports of tungsten ores and concentrates originating in the People’s Republic of China. This duty was extended for a maximum period of two months by Regulation. (EEC) No 2128/90 (3. B. Subsequent procedure (20  Following the imposition of the provisional anti- dumping duty, the China Chamber of Commerce of Metals, Minerals and Chemicals Importers and Exporters, on behalf of two Chinese exporters — the China National Non-Ferrous Metals Imports and Export Corporation (CNIEC) and the China National Metals and Minerals Import and Export Corporation = (Minmetals), requested and was granted a hearing. (3) The Commission informed the China Chamber of Commerce of Metals, Minerals and Chemicals Importers and Exporters of the essential facts and () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 83, 30. 3. 1990, p. 23. () OJ No L 195, 26. 7. 1990, p. 3. (6) considerations on the basis of which it intended to recommend the importation of definitive duties and the definitive collection of amounts secured by way of the provisional duties. The Chinese expor- ters were also granted a period by the Commission within which they could make further representa- tions. The investigation has not been concluded within the time limit set by Article 7 (9) (a) of Regulation (EEC) No 2423/88 because of the time spent in consultation within the Advisory Committee prior to the imposition of provisional measures. C. Products covered by the investigation and definition of like product The Chinese exporters have alleged that their exports of tungsten ores and concentrates are not like products to those produced in the Community. They claimed that they have only exported wolframite concentrate with a 55 % to 56 % tung- sten oxide content whereas the Community produces both wolframite and scheelite at a much higher percentage tungsten oxide content. The Commission in its investigation has found that the imports of these products from the two Chinese exporters concerned during the investiga- tion period consisted of wolframite with a tungsten oxide content of between 72 % and 74 %. The Community producer is also only producing wolframite concentrates, and not scheelite, with a 75% to 76 % tungsten oxide content. Further- more, the Commission has found that both the .Chinese imports and the Community produced products have the same end uses and the same markets in the Community. In these circumstances the Commission has concluded that the products under consideration have sufficiently close physical and technical characteristics, and the same end uses and markets to be considered as like products. The Council