No L 318/2 Official Journal of the European Communities 17. 11. 90 COUNCIL REGULATION (EEC) No 3308/90 of 15 November 1990 imposing a definitive anti-dumping duty on imports of woven polyolefin sacks originating in the People’s Republic of China and definitively collecting the provisional anti-dumping duty on such imports 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 from the Commission, presented after consultation within the Advisory Committee as provided for in that Regulation, Whereas : A. Provisional measures (1) By Regulation (EEC) No 2051/90 (*), the Commis- sion imposed a provisional anti-dumping duty on imports of woven polyolefin sacks originating in the People’s Republic of China. B. Subsequent procedure (2)  Following the imposition of a provisional anti- dumping duty, a Chinese exporter and an importer made known their views on the Regulation impo- sing the provisional duty in writing. ' (3)  Another producer of sacks in the People’s Republic of China argued that the products covered by Regulation (EEC) No 2051/90 did not include sacks known as ‘big bags’. These usually fall, in fact, within another CN code but may also fall within CN code 63053191 if the polyolefin fabric of which they are made weighs 120 g/m? or less. It was clear, however, that big bags made of a fabric of 120 g/m? or less have the same physical characte- tistics and are put to the same use as other sacks within the same CN code. Furthermore, the Commission’s investigation concerned, as did the complaint of the community industry and the conclusions of Regulation (EEC) No 2051/90, all sacks within CN code 6305 31 91. () OJ No L 209, 2. 8. 1988, p. 1. () O] No L 187, 19. 7. 1990, p. 36. @ ) No other information was received that could modify the assessment of the range of sacks concerned, namely all products falling within CN code 6305 31 91. Big bags falling within the same code as that specified in Regulation (EEC) No 2051/90 should not therefore be excluded. C. Dumping The decision to establish the normal value on the basis of the constructed value of the like product in India was criticized. It was proposed that the normal value should be established using the consumer prices actually paid on the Indian domestic market or the export price form India to other countries. However, as the Commission explained in Regulation (EEC) No 2051/90, these prices did not cover production costs. Therefore, pursuant to Article 2 (5) (b) of Regulation (EEC) No .2423/88, the normal value had to be constructed. The fact that the proceeding concerned only sacks from the People’s Republic of China was also criti- cized. It should be noted that the proceeding was initiated following a complaint from the Commu- nity industry that concerned only Chinese imports ; no evidence was. provided of dumping by any other exporters. No argument throwing doubt on the conclusions that led to the imposition of a provisional anti- dumping duty has been advanced. The conclusions of the investigation set out in Regulation (EEC) No 2051/90 may therefore be deemed definitive. D. Injury The Chinese exporter argued that since most of the sacks originating in the People’s Republic of China were imported temporarily into the Community and were destined for re-export, whereas sacks produced by the Community industry were mainly consumed within the Community, Chinese imports did not cause injury to the Community industry. It should be noted here that the definitive imports of sacks have alone caused injury. In any event, anti- dumping duties are not levied on temporary imports, although they doubtlessly injure the Community industry as well. Chinese sacks that are