18.8.1999 Official Journal of the European Communities L2183 COMMISSION REGULATION (EC) No 1802/1999 of 17 August 1999 imposing a provisional anti-dumping duty on imports of certain seamless pipes and tubes origin- ating in Croatia and Ukraine THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (), as last amended by Regulation (EC) No 905/98 (3, and in particular Article 7 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE On 19 November 1998, the Commission announced, by a notice published in the Official Journal of the European Communities (*), the initiation of an anti-dumping proceeding with regard to imports into the Community of certain seamless pipes and tubes originating in Croatia and Ukraine. The proceeding was initiated following a complaint lodged in October 1998 by the ‘Defence Committee of the Seamless Steel Tube Industry of the European Union’ on behalf of Community producers representing 100 % of the Community production of certain seamless pipes and tubes. The Commission officially advised the complainant Community producers, exporting producers and im- porters, suppliers and users known to be concerned as well as associations concerned and representatives of the exporting countries, of the opening of the proceeding. Interested parties were given an opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. The Commission sent questionnaires to all parties known to be concerned. Replies were received from 11 Community producers, four exporting producers in the countries concerned and eight importers in the Community. The Commission sought and verified all the information it deemed necessary for the purposes of a preliminary determination of dumping, injury and Community interest and carried out verifications at the premises of the following companies: 56, 6.3.1996, p. 1. o L 0] L 128, 30.4.1998, p. 18. 0] C 353, 19.11.1998, p. 13. (a) Community producers — Benteler AG, Paderborn, Germany, — Dalmine SpA., Dalmine, Italy, — ESW Rohrenwerke GmbH, Eschweiler, Germany, — Ovako Steel AB Tube Division, Hofors, Sweden, — Productos Tubulares SA, Valle de Trapaga, Spain, — Timken Desford Ltd, Leicester, United Kingdom, — Tubos Reunidos SA, Amurrio, Spain, — Vallourec & Mannesmann Deutschland GmbH, Miilheim an der Ruhr, Germany, — Vallourec & Mannesmann France SA, Boulogne Billancourt, France, — Voest Alpine Kindberg GmbH, Austria. (b) Exporting producers — Zeljezara Sisak d.d., Sisak, Croatia. (c) Related importer in the Community — SEPCO GmbH, Krefeld, Germany. The dumping investigation covered the period from 1 November 1997 until 31 October 1998 (hereinafter referred to as the ‘investigation period’ or ‘IP’). The examination of injury covered the period from January 1997 to the end of the IP (hereinafter referred to as ‘the period considered). B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT 1. Product under consideration The product under consideration is: seamless pipes, of iron or non-alloy steel, of a kind used for oil and gas pipelines, of an external diameter not exceeding 406,4 mm (currently classifiable under CN codes 7304 10 10 and 7304 10 30); seamless tubes of circular cross-section, of iron or non-alloy steel, cold-drawn or cold-rolled (currently classifiable under CN code 7304 31 99); other tubes of circular cross-section, of iron or non-alloy steel, of an external diameter not exceeding 406,4 mm (currently classifiable under CN codes 7304 39 91 and 7304 39 93), hereinafter referred to as ‘seamless tubes’. Although there are some technical differences (e.g. standards, steel grades) between the three categories of seamless tubes, these are not such as to establish clear dividing lines since seamless tubes classified under one category can be, and sometimes are, used for the same applications as seamless tubes classified under a different one. In addition, within each category, seamless tubes come in a wide range of specifications but are all con- sidered to be similar or identical in their essential phys- ical and technical characteristics and in their end uses.