3.12. 92 Official Journal of the European Communities No L 353/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3482/92 of 30 November 1992 imposing a definitive anti-dumping duty on imports of certain large electrolytic aluminium capacitors originating in Japan and collecting definitively 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 sub- sidized 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, submitted after consultation within the Advisory Committee as provided for under the above Regulation, Whereas : A. PROVISIONAL MEASURES (1) The Commission, by Regulation (EEC) No 1451/92 (3} (hereafter referred to as the Provisi- onal Duty Regulation) imposed a provisional anti- dumping duty on imports of certain large electro- lytic aluminium capacitors with a CV product (capacitance multiplied by rated voltage) between 18 000 and 310 000 uC (micro-coulombs), origin- ating in Japan falling within CN code ex 85322200 (hereafter referred to as ‘LAECs). The Council, by Regulation (EEC) No 2848/92 (%) extended this duty for a period not exceeding two months. B. SUBSEQUENT PROCEDURE (20  Following the imposition of the provisional anti- dumping duty, the interested parties, who so requested, were granted an opportunity to be heard by the Commission. They also made written () OJ No L 209, 2. 8. 1988, p. 1. ) OJ No L 152, 4. 6. 1992, p. 22. () OJ No L 286, 1. 10. 1992, p. 1. @) ) ) submissions making known their views on the findings. Upon request, parties were informed of the essen- tial facts and considerations on the basis of which it was intended to recommend the imposition of definitive duties and the definitive collection of amounts secured by way of a provisional duty. They were also granted a period within which to make representations subsequent to the disclosure. The oral and written comments submitted by the parties were considered and, where appropriate, the Commission’s findings were modified to take account of them. One exporting producer cooperated in the first part of the proceeding but failed, after the imposition of provisional duties, to reply to a certain number of requests for information addressed by the Commis- sion concerning export transactions and informed the Commission that he would no longer partici- pate in the investigation. This exporter, when informed by the Commission that final findings might be made on the basis of facts available, confirmed that it would not further participate in the investigation. This lack of information precluded the Commis- sion from determining, for the purpose of defin- itive findings, the total number of export transac- tions and the price of a number of these transac- tions. In these circumstances the Commission concluded that it did not have the necessary reliable informa- tion available to establish individual conclusions concerning dumping and injury for this exporter. Accordingly, the findings for this exporter were based on the facts available in accordance with Atrticle 7 (7) (b) of Regulation (EEC) No 2423/88. The Council confirms this conclusion.