19. 7. 90 Official Journal of the European Communities No L 187/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 2036/90 of 16 July 1990 imposing a definitive anti-dumping duty on imports of ferroboron originating in Japan and definitively collecting the provisional anti-dumping -duties imposed on such imports 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 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 following consultation within the Advisory Committee as provided for under the above Regulation, Whereas : A. Provisional measures (1) - By Regulation (EEC) No 665/90 (}) the Commis- sion imposed a provisional anti-dumping duty of 23,3 % of the net free-at-Community-frontier price on imports of ferroboron originating in Japan, with the exception of the ferroboron manufactured and - sold for export by Yahagi Iron Co. Ltd, Nagoya, for which a provisional anti-dumping duty of 11,4 % was imposed. B. Subsequent procedure. () Having been informed of the main conclusions of the preliminary investigation, the interested parties were given the opportunity to make known their views .in writing and to request-a hearing within one month of the entry into force of Regulation (EEC) No 665/90. Only one exporter made known his views concerning the provisional-findings. C. Dumping. (3) The exporter made objections to the different dumping margins being -equal to the provisional duties imposed by Regulation (EEC) No 665/90. () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 73, 20. 3. 1990, p. 6. ) ©) ©) ® However, the Commission applied the same methodology when it established the normal value and the export price at the premises of the Japanese companies known to be exporters of ferroboron. Given the different prices of the companies concerned, the margins of dumping were found to be at a different level. Furthermore, the same exporter insisted again on the fact that the Commission should take into account, for the purposes of price comparability, the various sizes of ferroboron (lumps, grain.and powder). As regards the effect of the different sizes of ferro- boron available on price comparability, no new argument has been provided by the exporter in question which could justify a change in the approach indicated in the thirteenth recital of - Regulation (EEC) No 665/90. Nevertheless, it should be noted that even the approach suggested by the exporter in question would not lead to a determination of a margin of - dumping lower than that determined in Regulation (EEC) No 665/90. As no new evidence on dumping has been submitted to it since the imposition of the provisi- onal duties in respect of imports originating in Japan, the Commission corisiders that the findings- on dumping, as set out in Regulation (EEC) No 665/90, are definitive. D. Injury As no new evidence has been submitted by any interested parties in relation to the Commission’s provisional findings on injury, the findings on injury, as set out in Regulation (EEC) No 665/90, are considered to be definitive. E. Community interest As no new evidence has been found, the Commis- sion’s conclusion that it is in the Community’s interest that action be taken is confirmed.