11.3.2004 Official Journal of the European Union L72/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 435/2004 of 8 March 2004 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of sodium cyclamate originating in the People's Republic of China and Indonesia THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (') (the ‘basic Regulation’), and in particular Article 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE On 18 September 2003, the Commission imposed, by Regulation (EC) No 16272003 (3), a provisional anti- dumping duty on the imports into the Community of sodium cyclamate originating in the People's Republic of China (PRC) and Indonesia (the ‘provisional Regu- lation’). It is recalled that the investigation period of dumping and injury covered the period from 1 October 2001 to 30 September 2002 (TP). The examination of trends relevant for the injury analysis covered the period from 1 January 1999 to the end of the IP (the ‘period consid- ered’). B. SUBSEQUENT PROCEDURE Following the imposition of a provisional anti-dumping duty on imports of sodium cyclamate originating in the PRC and Indonesia, some interested parties submitted comments in writing. The parties who so requested were also granted an opportunity to be heard orally. (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 1972/2002 (O] L 305, 7.11.2002, p. 1). () OJ L 232, 18.9.2003, p. 12. (4) As explained under recital 5 of the provisional Regu- lation, the dumping verification visits to the PRC and Indonesia which normally take place before provisional findings are made, were cancelled due to the introduc- tion of travel restrictions because of SARS. A notice concerning the consequences of SARS on anti-dumping and anti-subsidy investigations has been published in the Official Journal of the European Union (%). The Commission continued to seck and verify all infor- mation it deemed necessary for its definitive findings. After the travel restrictions relating to SARS were lifted, verification visits were carried out at the premises of the following companies: (a) Exporting producers and their related companies in PRC and Hong Kong, — Zhong Hua Fang Da (H.K.) Limited, Hong Kong, — Fang Da Food Additive (Shen Zhen) Limited, Shenzhen, PRC, — Shanghai Shumi Co. Ltd., Shanghai, PRC, — Rainbow Rich Industrial Ltd., Hong Kong, — Golden Time Enterprise (Shenzhen) Co. Ltd., Shenzhen, PRC; (b) Exporting producer in Indonesia — PT. Golden Sari (Chemical Industry), Bandar Lampung, Indonesia. Following the expiry of the deadline for comments on the provisional findings and well after the verification visits, another Indonesian company made itself known and requested the exporting producers' questionnaire in order to reply. The company was informed that it should have made itself known and request the question- naire at the time of initiation of the investigation. It was further informed that at such advanced stage of the investigation no new information could be considered and that findings would be based for it on facts available. It was, nevertheless, given an opportunity to comment and its comments were considered, but they have not changed the above conclusion. () O] C 191, 13.8.2003, p. 2.