17. 6. 93 Official Journal of the European Communities No L 145/1 ‘(Acts whose publication is obligatory) .COUNCIL REGULATION (EEC) No 1473/93 of 14 June 1993 imposing a definitive anti-dumping duty on imports of magnesihm oxide originating in the People’s Republic of China 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 subsidized imports from countries not members of the European Economic Community (), and in particular Atrticle 12 thereof, Having regard to the proposal from the Commission, submitted after consultation within the Advisory Committee as provided under the above Regulation, Whereas : A. PROVISIONAL MEASURES (1) The Commission, by Regulation (EEC) No 2800/92 (%), (hereafter referred to as the ‘Provisi- onal Regulation’ imposed a provisional anti- dumping duty on imports of magnesium oxide (commonly called ‘caustic magnesite’) originating in the People’s Republic of China and falling within the CN code ex 2519 90 90. B. SUBSEQUENT PROCEDURE (23  Following the imposition of the provisional anti- dumping duty, five Chinese exporters and some independent importers requested and were granted an opportunity to be heard by the Commission. They also made written submissions making known their views on the findings as did other independent importers, some end users and the Chinese authorities. (3)  Parties were also informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of defini- _tive duties and the definitive collection of amounts secured by way of a provisional duty. They were also granted a period within which they could () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 282, 26. 9. 1992, p. 23. ) © make representations subsequent to these dis- closures. The oral and ‘written comments submitted by the parties were considered and, where appropriate, the Commission’s findings were modified to take account of them. : C. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT ' Certain Chinese exporters, independent importers and end-users have repeated the argument that caustic magnesite originating in the Community and elsewhere is not a like product to that originating in the People’s Republic of China. In this respect, the Chinese exporters proposed that an independent technical expert be appointed by the Commission to determine the question of whether or not Chinese magnesite is a ‘like product’ to any .other caustic magnesite, in terms of the quality of its mineral deposite, the extracting and processing methods, its chemical and physical characteristics and the application of the final product. The Commission accepts that an independent expert may provide factual information as to any such differences between Chinese magnesite and that from other sources. The existence of these differences is, however, accepted by the Com- munity Institutions. It is also not contested by any party that these differences do not alter the fact that the basic physical and chemical characteristics of all types of magnesite are identical. Only if these basic physical and technical characteristics were to be different, could it be considered that the diffe- rent types of magnesite are not similar products. The fact that caustic magnesite from whatever source can be used interchangeably by end users confirms that it is a like product. It was thus not considered necessary to appoint such an expert for these reasons and for those given in recitals 10 and 11 of the Provisional Regulation. The Council confirms these findings and conclu- sions.