12. 4. 86 Official Journal of the European Communities No L 97/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 1058/86 of 8 April 1986 imposing a definitive anti-dumping duty on imports of certain electronic scales originating in Japan 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 ('), and in particular Article 12 thereof, Having regard to the Commission proposal presented after consultations within the Advisory Committee set up under the above Regulation, Whereas : A. Provisional action 1. By Regulation (EEC) No 2865/85 (3 the Commission imposed a provisional anti-dumping duty on imports of certain electronic scales originating in Japan and terminated the investigation as regards Yamato Scale Co. Ltd, Teraoka Seiko Co. Ltd and Kubota Ltd. This duty was extended for a period not exceeding two months by Regulation (EEC) No 265/86 (). B. Continuation of investigation 2. After the provisional anti-dumping duty had been imposed, one exporter and a number of Community producers which had lodged complaints asked for, and obtained, a Commission hearing. The Commis- sion gave detailed information on the reasons for its provisional conclusions. The exporter also made known its views on the conclusions in writing. 3. At their request the parties concerned were also informed of the main facts and considerations on the basis of which the Commission intended to propose the establishment of definitive duties and the defini- tive collection of the amounts provided as security under a provisional anti-dumping duty. The Commis- () OJ No L 201, 30. 7. 1984, p. 1. () OJ No L 275, 16. 10. 1985, p. 5. () OJ No L 32, 7. 2. 1986, p. 4. sion granted them a period during which they were . able to make known their views. Their comments were taken into consideration. C. Dumping . As regards the Ishida company, none of the parties concerned sent in any new evidence or put forward any arguments convincing enough to call into ques- tion the Commission’s findings concerning the dumping as set out in Regulation (EEC) No 2865/85, so that these findings are henceforth considered to be definitive. . In the case of Tokyo Electric Co. (hereinafter referred to as ‘TEC’) the method used by the Commission to determine dumping was again disputed. Irrespective of the points already made in this respect by the Commission in its Regulation (EEC) No 2865/85, which the Council endorses, the arguments put forward by TEC cannot be accepted for the following reasons. D. Normal value . Normal value for imports of all scales from Ishida Scales Manufacturing Co. Ltd and for some imports of scales from TEC were based on the prices of domestic sales in Japan. With regard to the sales realized by TEC through its sales company, the Council confirms the conclusion of the Commission in the 15th recital of Regulation (EEC) No 2865/85 that, within the framework of TEC’s organization, both the manufacturing firm and the sales company formed part of the one corporate structure, the sales company fulfilling functions substantially similar to those of a sales branch or sales department. The fact that the sales company in law constitutes an indepen- dent undertaking does not alter the fact that one is dealing here with a single economic entity. What is of relevance in this case is not the legal structure but the fact that the main function of the sales company is to sell, or promote the sale of, the corporate product and that it is controlled by the corporate parent company whether because of majority share ownership or otherwise.