No L 54/12 Official Journal of the European Communities 24. 2. 87 COUNCIL REGULATION (EEC) No 535/87 of 23 February 1987 imposing a definitive anti-dumping duty on imports of plain paper photocopiers ' originating in Japan THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 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 the above Regulation, Whereas : A. PROVISIONAL MEASURES ()  The Commission, by Regulation (EEC) No 2640/86 (%), imposed a provisional anti-dumping duty on imports of certain plain paper photoco- piers (hereinafter referred to as PPCs) originating in Japan. That duty was extended for a maximum period of two months by Regulation (EEC) No 3857/86 (°). B. SUBSEQUENT PROCEDURE (9  Following the imposition of the provisional anti- dumping duty, all exporters and a number of inde- pendent importers as well as the complainant Community industry, requested, and were granted, an opportunity to be heard by the Commission. They also made written submissions making known their views on the findings. (3) Upon request, parties were also 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 amounts secured by way of a provisional duty. They were also granted a period within which they could make representations subsequent to these disclosure meetings. Their comments were considered and, where appropriate, the Commis- () OJ No L 201, 30. 7. 1984, p. 1. . () OJ No L 239, 26. 8. 1986, p. 5. () OJ No L 359, 19. 12. 1986, p. 9. * ® 6 @) ® sion’s findings were modified to take account of them. In addition to the investigations leading to the preliminary determination, the Commission carried out further investigations at the premises of Océ in the Netherlands, Olivetti in Italy and Rank Xerox in the United Kingdom. C. NORMAL VALUE Normal value for those PPCs subject to the provisi- onal duty was, for the purpose of definitive findings, generally established on the basis of the methods used for the provisional determination of dumping, taking into account new evidence submitted by the parties concerned. Certain exporters continued to request that account be taken, for the purposes of establishing normal value by means of domestic prices, of transfer prices between related companies or sales branches of these exporters on the Japanese market. The Commission, however, continued to consider such an approach as inappropriate for the reasons indi- cated in recital 7 of Regulation (EEC) No 2640/86, and this is confirmed by the Council. Some exporters objected to the elimination of certain sales, or sales channels, from the calculation of normal value where it was based on domestic prices, on the grounds that these sales were consi- dered as not having been made in the ordinary course of trade. However, the Commission was satisfied that where such elimination occurred the sales had been made over an extended period of time (at least the reference period of January to July 1985), in substantial quantities and at prices which did not permit recovery of all costs within the reference period, which was considered a reaso- nable period of time as provided for in Article 2 (4) of Regulation (EEC) No 2176/84. This conclusion is confirmed by the Council. For the purposes of definitive findings, normal values, in such circumstances and in cases where the remaining sales, i.e. those considered to be in the normal course of trade, comprised less than 5% of the volume of exports of the particular model concerned to the Community, were esta- blished by means of constructed values.