L 336/4 Official Journal of the European Union 12.11.2004 COUNCIL REGULATION (EC) No 1942/2004 of 2 November 2004 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of okoumé plywood originating in the People’s Republic of China THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 38496 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (') (the basic Regulation), and in particular Article 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES The Commission, by Regulation (EC) No 988/2004 (?) (the provisional Regulation) imposed provisional anti- dumping duties on imports of okoumé plywood, defined as plywood consisting solely of sheets of wood, each ply not exceeding 6 mm thickness, with at least one outer ply of okoumé, falling within CN code ex 4412 13 10, originating in the People’s Republic of China (PRC). It is recalled that the investigation of dumping and injury covered the period from 1 July 2002 to 30 June 2003 (investigation period or IP). The examination of trends relevant for the injury analysis covered the period from 1 January 1999 to the end of the IP (period under consid- eration). B. SUBSEQUENT PROCEDURE Following the imposition of a provisional anti-dumping duty on imports of okoumé plywood originating in the PRC, some interested parties submitted comments in () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). () O] L 181, 18.5.2004, p. 5. writing. The parties who so requested were also granted an opportunity to be heard orally. The Commission continued to seek and verify all infor- mation it deemed necessary for its definitive findings. After the imposition of provisional measures, an on- spot verification visit was carried out at the premises of Ekol Kontraplak, Taskopru, Turkey, in view of the fact that Turkey was considered as a possible analogue country for establishing normal value. All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties and the definitive collection of amounts secured by way of provisional duties. They were also granted a period within which they could make representations subsequent to this disclosure. The oral and written comments submitted by the parties were considered, and, where appropriate, the findings have been modified accordingly. C. PRODUCT CONCERNED AND LIKE PRODUCT 1. Product concerned The product concerned is plywood consisting solely of sheets of wood, each ply not exceeding 6 mm thickness, with at least one outer ply of okoumé, originating in the PRC, currently classifiable ~ within CN  code ex 4412 13 10. This definition covers both plywood made solely with okoumé (full okoumé) and plywood with one or two outer faces made of okoumé (faced okoumé), the inner layers being made of other species of wood. Several importers have argued that full okoumé and faced okoumé cannot be considered the same product, since the composition of the inner layers substantially affects the characteristics of the plywood. In addition, it was argued that these products have significant differences in price and use.