26. 4. 91 Official Journal of the European Communities No L 106/15 COMMISSION REGULATION (EEC) No 1034/91 of 23 April 1991 1mposmg a provtslonal anti- dumplng duty on imports of video tapes in cassettes originating in the People’s Republic of China THE COMMXSSION 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 consultation within the Advisory Committee as provided for under the above Regulation, Whereas : O] e A. PROCEDURE In November 1989 the Commission received a written complaint lodged by the European Council of Chemical Manufacturers’ Federation (Cefic) on behalf of producers whose collective output of video tapes in cassettes (hereafter referred to as video cassettes) was stated to constitute a major proportion of Community production of the product in question. The complaint contained evidence of dumping of the products concerned originating in the People’s Republic of China (PRC) and of material injury resulting therefrom, which was considered sufficient to justify the initia- tion of a proceeding. The Commission accordingly announced, by notice published in the Official Journal of the European Communities (%), the initiation of an anti-dumping proceeding concerning imports into the Commu- nity of VHS video tapes in cassettes falling within CN code ex 85231300 and originating in the People’s Republic of China and commenced an investigation. The Commission officially advised the exporters and impoters known to be concerned, the represen- tatives of the exporting country and the complain- ant and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing. Some Chinese exporters and all complainant Community producers made their views known in () OJ No L 209, 2. 8. 1988, p. 1. () OJ No C 92, 11. 4. 1990, p. 6. 4 “) — Shantou Ocean Audio-Video Gen. writing. A submission was also made by one importer. The Commission sought and verified all informa- tion it considered to be necessary for the purposes of a preliminary determination and carried out investigations at the premises of the following: (a) Community producers: — AGFA Gevaert AG, Miinchen, Germany, — BASF  Aktiengesellschaft, Ludwigshafen, Germany, — Magna Tontriger Produktions GmbH, Berlin, Germany, — PD Magnetics BV, Oosterhout, Netherlands. These Community producérs are all members of - Cefic. (b) Importer in the Community: Hamkong GmbH, Hamburg, Germany. The following exporters replied to the Commis- sion’s questionnaire which was sent to all known exporters on the initiation of the proceeding: — Acme Cassette Manufacturing, PRC, — Buji Bantian Oscar Video Products Fty, Bao An, PRC, — Dongguan Changan Jiekou Magnetic Tape Factory, Dongguan, PRC, — Fuzhou Fortune Video Tapes Co. Ltd, Fuzhou, PRC, — Fuzhou Wonderful Video Tapes Co. Ltd, Fuzhou, PRC, — Long Gung Xin Shen Fung Fu Plastic Mfg, Bao An, Guangdong, PRC, — Nan-Hua Magnet Electricity Co. Ltd, Chencun, PRC, Guangdong, Corp., Shantou, PRC, — Song Gang Hang Sing Cassette Factory, Song Gang, Shen Zhen, PRC, — Zhuhai Zhong Xing Magnetics Co. Ltd, Guangdong, PRC. Since the People’s Republic of China is a non market economy country and, consequently, normal value could not be determined on the basis of Article 2 (3) of Regulation (EEC) No 2423/88, no investigation was carried out at the premises of these exporters.