No L 326/6 Official Journal of the European Communities 28. 11. 91 COUNCIL REGULATION (EEC) No 3434/91 of 25 November 1991 imposing a definitive anti-dumping duty on imports of oxalic acid originating in India or 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 of 11 July 1988 on protection against dumped or subsi- dized imports originating in countries not members of the European Economic Community ('), and in particular Article 12 thereof, Having regard to the proposal submitted by the Commis- sion after consultations within the Advisory Committee as provided for by the above Regulation, Whereas : A. PROVISIONAL MEASURES (1) - Commission Regulation (EEC) No 1472/91() imposed a provisional anti-dumping duty on imports into the Community of oxalic acid falling within CN code ex 2917 11 00 originating in India or the People’s Republic of China. Council Regulation (EEC) No 2833/91 (%) extended that duty for a period not exceeding two months. B. SUBSEQUENT PROCEDURE (20  Following imposition of the provisional duty, the parties which had so requested were granted a hearing by the Commission. They also made their views on the provisional findings known in writing. The Commission examined their oral and written comments. (3) At their request, the parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposi- tion of definitive duties and the definitive collec- tion of the amounts secured by way of provisional duty. They were allotted a period in which to make comments. Some made use of this opportunity. () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 138, 1. 6. 1991, p. 62. () OJ No L 272, 28. 9. 1991, p. 2. ) ® © @ ® C. PRODUCT CONSIDERED ; LIKE PRODUCTS In the absence of new arguments concerning the product considered and its similarity to the Community product, the Council confirms the findings put forward by the Commission in recitals 10 and 11 of Regulation (EEC) No 1472/91. D. DUMPING . (a) Normal value For the purposes of the definitive findings, normal value was established using the same methods used in the provisional calculation of dumping margins, taking account of new facts and arguments put forward by the parties. The Indian exporters claimed that normal value should have been established on the basis of a monthly weighted average instead of a weighted average for the entire period of the investigation. In this instance, the Commission considers that a monthly weighted average could indeed be used. In the light of these considerations, the Commis- sion will calculate normal value for oxalic acid from India on the basis of a weighted monthly average and confirms the calculation of normal value for oxalic acid from China contained in recital 13 of Regulation (EEC) No 1472/91. The Council confirms these findings. (b) Export price - The Chinese exporters wished the export prices provisionally calculated on the basis of available facts, in accordance with Article 7 (7) (b) of Regula- tion (EEC) No 2423/88, to be determined using Eurostat statistics rather than the figures contained in the complaint. The Commission takes the view that in this case the figures contained in the complaint, which come from traders whose information has been confirmed by an importer which cooperated in the investigation, are more suitable than Eurostat statis- tics. The Commission observed that Eurostat import figures for the product were not in fact correct.