7.7.90 Official Journal of the European Communities No L 174/27 COMMISSION REGULATION (EEC) No 1937/90 of 4 July 1990 imposing a provisional anti-dumping duty on imports of pure silk typewriter ribbon fabncs originating in the People’s Republic of China, and accepting an : undertakmg offered by the exporter THE COMMISSION 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 Articles 10 and 11 thereof, After consultations within. the Advisory Committee as provided for in the above Regulation, Whereas : M (2 0 —~ ~— A. PROCEDURE In September 1989, the Commission received a complaint lodged by the International Association of Users.of Yarn of Man-made Fabrics and of Natural Silk (Aiuffass) on behalf of Spinnhiitte GmbH & Co., KG Seidentechnik, a company representing the entire Community production of pure silk typewriter ribbon fabrics. The complaint contained evidence of dumping and of resulting material injury, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities(’) the initiation of an anti-dumping proceeding concerning imports into the Community of pure silk typewriter ribbon fabrics, falling within CN codes ex 5007 10 00, ex '5007 20 10, and ex 5007 20 21 and originating in the People’s Republic of Chma and commenced an investigation. The Commission officially so advised the exporters and importers .known to be concerned, the repre- sentatives of the exporting country and the complainant. It sent questionnaires to the parties directly concerned and also gave them the opportu- nity to make known their views in writing and to request a hearing. ’ All of the known interested parties, the Commu- nity producer, an independent importer and the exporter, returned the questionnaire duly completed to the Commission. The exporter and the importer also made known their views in L 209, 2. 8. 1988, p. C 300, 29. 11. 1989, .3, “) © @) @) © writing. The exporter requested and was granted a hearing. The Commission verified the information received to the extent it deemed to be necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following companies : (a) Community producer: Spinnhiitte GmbH & Co,, Celle, Germany; KG Seidentechnik, {(b) Commz;nity importe}.' H. Delacamp GmbH & Co, - Germany. KG, Hamburg, The investigation of dumping covered the period from 1 January 1989 to 30 September 1989. B. PRODUCT UNDER CONSIDERATION The product subject to investigation is a plain woven silk fabric made out of raw silk of a weight of 40 g/m? or more but not exceeding 50 g/m?2 The product is used by the office supplies industry for inking and for the further manufacture of type- - writer ribbon spools. With respect to the physical and technical charac- teristics, the uses and the markets for this product, the Commission has concluded that the Chinese imports are likeé products to those produced in the Community, within the meaning of Article 2 (12) of Regulation (EEC) No 2423/88. C. DUMPING In order to establish whether the imports origina- ting in the People’s Republic of China were dumped, the Commission had to take account of the fact that this country does not have a market economy and the Commission therefore had to base its determination on the normal value in a market economy. country. The complainant had claimed that the Community producer. and the Chinese producer are the only producers of the product in question in the world. This information has not been contested by any interested party during the investigation and so the normal value was determined, in accordance with Article 2 (5) (c) of Regulation (EEC) No 2423/88, by reference to the prices actually paid or payable in the Community, duly adjusted to include a profit margin of 5 %, considered to be reasonable for this product.