No L 264/7 27. 9. 90 Official Journal of the European Communities - COUNCIL REGULATION (EEC) No 2737/90 ' of 24 September 1990 imposing a definitive anti-dumping duty on imports of tungsten carbide and fused tungsten carbide originating in the People’s Republic of China and definitively collecting the provisional 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 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 in that Regulation, Whereas : A. Provisional measures (1)  Commission Regulation (EEC) No 763/90 (%) - imposed a ‘provisional anti-dumping duty on imports of tungsten carbide and fused tungsten carbide originating in the People’s Republic of China and falling within CN code ex 2849 90 30. Regulation (EEC) No 2127/90 (*) extended this duty for a period not exceeding two months. B. Subsequent procedure (2)  Following the imposition of the provisional anti- dumping duty, the China Chamber of Commerce of Metals, Minerals and Chemicals Importers and Exporters, hereinafter referred to as ‘the China Chamber of Commerce’, acting on behalf of two Chinese exporters, China National Non-Ferrous Metals Import and Export Corporation (CNIEC) and China National Metals Import and Export Corporation (Minmetals), requested and was granted a hearing by the Commission. (3 The Commission informed the China Chamber of Commerce of the essential facts and considerations on which it intended to base a recommendation to impose definitive anti-dumping duties and definiti- vely collect amounts secured by way of a pro- visional duty. The China Chamber of Commerce (4) ) (6) (8) and the Chinese exporters were also granted a period within which to submit further comments. An importer which had not contacted the Commis- sion within the period specified in the notice of initiation also requested and was granted a hearing ~pursuant to Article 3 of Regulation (EEC) No 763/90. The Commission considered all the comments made before formulating its final conclusions, which have been confirmed by the Council. This investigation was not concluded within the one-year period specified in Article 7 (9) (a) of Regulation (EEC) No 2423/88 owing to the dura- tion of consultations within the Advisory Committee prior to the imposition of provisional measures. C. Description of the product and like product . The importer referred to in recital 4 argued that the tungsten carbides exported by China and those . manufactured by the Community industry, while chemically identical, were not comparable in quality. The importer alleged that the Chinese carbides were suitable only for lower-quality pur- - poses (tool making) because the size and distribu- tion of the grains was less reliable. Although the abovementioned importer used this argument to justify the Chinese exporters’ low prices (this view will also be examined from this standpoint in recital 17), the Commission consi- dered that the argument should also be examined when defining the like product since the alleged - quality differences were likely to.be reflected in differing end uses. = - The Commission sees no difference between the - end uses of Chinese tungsten carbides and those manufactured by the Community industry ; there is no rigid specialization, since : — the Community industry sells to all types of user, without exception, ‘ — without the cooperation of the Chinese expor- ters and producers and the Community impor- ters, it is impossible to confirm that Chinese ) OJ No L 209, 2. 8. 1988, p. 1. o " ) 8 0:} 'Nﬁ L 83, 30. 3. 1990, g 36. deliveries are intended for a restricted, or even () OJ No L 195, 26. 7. 1990, p. 2. specific, type of user,