No L 101/28 Official Journal of the European Communities 20. 4. 88 COMMISSION DECISION of 18 April 1988 terminating the investigation under Article 13 (10) of Regulation (EEC) No 2176/84 concerning certain electronic scales assembled or produced in the Community with regard to TEC-Keylard Weegschalen Nederland BV (88/227/EEC) THE COMMISSION 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 subsidized imports from countries not members of the European Economic Community ('), as amended by Regulation (EEC) No 1761/87 (), and in particular Article 13 (10) thereof, After consultations within the Advisory Committee as provided for under the above Regulation, Whereas : | (1) ) A. Procedure In July 1987, the Commission received a complaint lodged by W & T ‘Avery Ltd, Esselte Moreau SA and Bizerba-Werke Wilhelm Kraut GmbH & Co., KG, representing the majority Community production of electronic scales. The complaint contained sufficient evidence to the effect that following the opening of the investi- gation on electronic scales originating in Japan (), which led to the adoption of Council Regulation (EEC) No 1058/86 (%) imposing a definitive anti-dumping duty on imports of those products, two companies were assembling electronic scales in the Community under the conditions referred to in Article 13 (10) of Regulation (EEC) No 2176/84. After consultation, the Commission accordingly announced, by notice published in the Official Journal of the European Communities(’), the initiation of an investigation, under the said Article 13 (10), concerning electronic scales assembled in the Community by the following companies : — TEC (UK) Ltd, Preston, United Kingdom — TEC-Keylard Weegschalen Nederland BV The Commission so advised the companies concerned, the representatives of Japan and the () OJ No L 201, 30. 7. 1984, p. 1. () O] No L 167, 26. 6. 1987, p. 9. () OJ No C 236, 3. 9. 1983, p. 5. () OJ No L 97, 12. 4. 1986, p. 1. () OJ No C 235, 1. 9. 1987, p. 3. G) “) ©) (6) ) (8) ©) complainants and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing. The two companies concerned as. well as the: complainants made their views known in writing. TEC (UK) and the complainants requested and were granted hearings by the Commission. No submissions were made by purchasers of electronic scales assembled in the Community. The Commission sought and verified all information it deemed necessary for the purpose of the assessment of the character of the alleged assembly operations and carried out investigations at the premises of the following companies : — TEC (UK) Ltd, Preston, United Kingdom — TEC-Keylard Weegschalen Nederland BV The period of investigation was from 1 January to 31 July 1987 - B. Relationship or association with exporter It was found that TEC (UK) was a subsidiary of TEC (Japan) and that TEC-Keylard had substantial capital links and close economic and commercial relations with TEC (Japan). C. Production The two .companies started their assembly operations after the initiation of the anti-dumping proceeding concerning the imports of electronic scales originating in Japan on 3 September 1983. D. Parts The value of parts in question was determined on the basis of the companies purchase prices of these parts when delivered to the factories in the Community, that is on an into-factory, duty-paid basis. TEC (UK) Only one model was produced during the investi- gation period. It was found that the value of Japanese parts used by TED (UK) was 92,38 % of the total parts’ value. Consequently and after taking into consideration the circumstances of the case,