No L 91/8 Official Journal of the European Communities 6. 4. 90 COUNCIL REGULATION (EEC) No 868/90 of 2 April 1990 imposing a definitive anti-dumping duty on imports of certain welded tubes, of iron or non-alloy steel, originating in Yugoslavia and Romania and definitively collecting the provisional anti-dumping duties imposed on such imports 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 following consultation within the Advisory Committee as provided - for under the above Regulation, Whereas : A. Provisional measures (1) By Regulation (EEC) No 3074/89 (3 the Commis- sion imposed a provisional anti-dumping duty on imports of welded tubes, of iron or non-alloy steel, originating in Yugoslavia and Romania. () Regulation (EEC) No 342/90 () extended the provi- sional anti-dumping duty for a period not excee- ding two months. B. Subsequent procedure (3) Having been informed of the main conclusions of the preliminary investigation, the. Romanian exporter - and ~ one Yugoslav producer/exporter requested, and were-granted, an opportunity to be heard by the Commission. They also made written submissions ‘making . known their views of  the findings. C. Dumping (4) - Asno new evidence on dumping has been received since the imposition- of the provisional duties in respect of imports originating in Yugoslavia and Romania, the findings on dumping with- regard to Yugoslavia and Romania, as set out in- Regulation (EEC) No 3074/89, are therefore considered to be definitive. D. Injury- (5)  With regard to injury, it was claimed by the Roma- nian exporter that the Commission had imposed 1) O] No L 209, 2. 8. 1988, p. 1. ) O] No L 294, 13. 10. 1989, p. 10. () OJ No L 38, 10. 2. 1990, p. 9. anti-dumping duties on certain welded tubes, of iron” or non-alloy steel, falling within CN codes 7306 30 51, 73063059, ex 73063071 and ex 7306 30 79, which had not been exported to-the Community by Romania.  However, the investiga- tion by the Commission reveals that, during the investigation period, welded tubes falling within all four mentioned CN codes were exported by Romania. (6)  Furthermore, the Romanian exporter claimed that the quantity . exported- to the. Community was . approximately the same in 1988 as it was in 1985 and consequently did not cause any injury to the Community production. The Commission is of the opinion that the situation in 1985 cannot be compared to the situation in 1988, because until May .1987 () a price undertaking was in force. During the reference period, the injury suffered was due to the price undercutting by the exporter concerned, which was the most attributable factor. (  The findings on injury, as set out in Regulation (EEC) No 3074/89, are therefore confirmed. E. Community interest (8) No observations were received from any user-of welded tubes, of iron or non-alloy steel imported from Yugoslavia and Romania and subject to provi- sional. anti-dumping duties within the time limit laid down in Article 2 of Regulation (EEC) No 3074/89. (9 The Commission’s conclusion that it is in the Community’s interest that action be taken is there- fore confirmed. Under these circumstances, protec- tion of the Community’s interest calls for the imposition of definitive anti-dumping duties on imports of certain welded. tubes, of iron or non- alloy steel, originating in Yugoslavia and Romania. F. Rate of duty (10) . The provisional -anti-dumping duties were calcu- lated as being. adequate to remove the injury to the Community industry. The provisional findings of the Commission having -been confirmed, the amounts of the definitive anti-dumping duties - should be the same as the amounts of the pro- visional anti-dumping duties. () OJ No L 150, 29. 5. 1982, p. 1; OJ No C 128, 14. 5. 1987, p. 3; and OJ No C 358, 31. 12, 1987, p. 83.