30. 3..90 Official Journal of the European Communities No L 83/23 COMMISSION REGULATION (EEC) No 761/90 of 26 March 1990 imposing a provisional anti-dumping duty on imports of tungsten ores and concentrates originating in the People’s Republic of China, and terminating the proceeding concerning imports originating in Hong Kong THE COMMISSION 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 11 thereof, After consultations -within the Advisory Committee as provided for in the above Regulation, Whereas : o) @ - &) A. PROCEDURE In July 1988, the Commission  received a complaint -lodged by the Comité de liaison des industries de. métaux non ferreux de la- Commu- nauté européenne on behalf of Beralt Tin & Wolfram, a company representing the entire Community production of tungsten ores and concentrates. The complaint contained evidence of dumping and of resulting material- injury, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official - Journal of the European Communities (%), the initi- ation. of an anti-dumping proceeding concerning - imports -into the Community of tungsten ores and - concentrates, falling within CN code 2611 00 00, originating in the People’s Republic of China and - exported from this country or from-Hong Kong, and commenced an investigation. The Commission officially so advised the exporters and importers known to be concerned, the repre- sentatives of the exporting country - and the complainant. It sent questionnaires to the parties directly concerned and also gave them the opportu- nity to make known their views in writing and to request a-hearing. The Community producer -and two independent importers (who- also process the product in ques- tion) returned the questionnaire duly completed to the Commission. Neither of the two known Chinese exporting organizations, the China () CJ No L 209, 2. 8. 1988, p. 1. () O] No C 2, 4. 1. 1989, p. 5. @ ) 6 ® National Non-Ferrous Metals Import & Export Corporation (CNIEC), and the China National Metals and Minerals Import & Export Corporation (Minmetals) replied to the Commission’s question- naires. Consequently findings with regard to CNIEC, Minmetals, and' other parties which failed to reply to the questionnaire, were made on-the basis of the facts available (Article 7 (7) (b) of Regu- lation (EEC): No 2423/88), in this case, invoices obtained  from importers, official Community import statistics, and statistics from the complaint. The Community producer and one importer (who also processes the product) also made known their views in writing. Minmetals requested and was granted a hearing. The Commission verified the information received to. the extent it deemed to be necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following companies : (a) Community producer Beralt Tin & Wolfram Ltd, London, United Kingdom ; (b) Community importer/processor Hermann C. Starck Berlinn GmbH & Co. KG, Disseldorf, Germany ; (c) producer in reference country North- Broken _Hill Peko Ltd, King Island, Australia. The investigation of dumping covered the period from 1 January to 31 December 1988: The investigation has exceeded the normal time period of one year because of the time: spent in consultation within the Advisory Committee. B. DESCRIPTION OF THE PRODUCT There are two main naturally occuring ores of tung- sten — wolframite, based on iron and manganese, and scheelite, based on lime. Various methods of concentration are used, dependent on the particular mineral ore deposit, e.g., flotation, gravity, chemical, magnetic separation, etc.,, to produce a concentrate usually containing between 65 to 75 % tungsten oxide (WQ,). The tungsten concentrate is used as the first stage of various manufacturing processes to the final end uses of tungsten metal.