12. 11. 87 No L 322/1- Official Journal of the European Communities I (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3365/87 of 9 November 1987 imposing a definitive anti-dumping duty on imports of ferro-silico-calcium/ calcium silicide originating in Brazil 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 ('), as amended by Regula- tion (EEC) No 1761/87 (), and in particular Article 12 thereof, Having regard to the proposal submitted by the Commis- sion after consultations within the Advisory Committee as provided for under the above Regulation, Whereas : A. Provisional action (1) The Commission, by Regulation (EEC) No 1361/87 (3}, imposed a provisional anti-dumping duty on imports of ferro-silico-calcium/calcium silicide originating in Brazil. This duty was extended for a period not exceeding two months by ~ Regulation (EEC) No 2810/87 (4. B. Subsequent proceeding ()  Following the imposition of the provisional duty, the exporter being found to have dumped, one importer which had not cooperated in the investi- gation and one Community producer, requested, and were granted, an opportunity to be heard by the Commission. The Commission informed them in detail of the facts on which it had based its provisional findings. They also made written submissions making known their views on the findings. : () OJ No L 201, 30. 7. 1984, p () OJ No L 167, 26. 6. 1987, p. () OJ No L 129, 19. 5. 1987, p. () OJ No L 268, 19. 9. 1987, p. (3}  Another importer, hitherto unknown to the Commission, made itself known without, however, making any requests or comments. This importer - did not cooperate at any stage of the investigation. 4y Upon their request, parties were also informed of the essential facts and considerations on the basis of which it was intended to recommend the impo- sition of definitive duties and the definitive collec- tion of amounts secured by way of a provisional duty. They were granted a period within which they could make representations subsequent to these disclosure meetings. Their comments were taken into consideration. C. Dumping (5) No fresh evidence regarding dumping has been submitted. The conclusion reached at the pro- visional stage is therefore confirmed. ‘ D. Injury (6) As mentioned in point 3, a further importer of ferro-silico-calcium/calcium silicide in addition to the ones hitherto known manifested itself to the Commission. If the information given by this importer orally — although not verifiable — were correct, the imports from Brazil were even higher than those provisionally established and, as a result, the market share held by these imports was in excess of that given in point 10 of Regulation (EEC) No 1361/87. No fresh evidence regarding the other elements of injury referred to in points 10 and 13 of that Regulation has been submitted. The conclusions reached at the provisional stage are therefore confirmed. (7) It was again claimed by an exporter and two im- porters which purchase the exporter’s product that the Community industry could not have suffered any injury from dumped imports because the Community producers refused to supply a specific . group of customers, namely the producers of ferro- silico-calcium/calcium silicide cored wire. The arguments put forward were basically identical to those raised previously. :