L 295/10 Official Journal of the European Union 18.9.2004 COUNCIL REGULATION (EC) No 1629/2004 of 13 September 2004 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain graphite electrode systems originating in India 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 On 19 May 2004, the Commission, by Regulation (EC) No 1009/2004 (%) (the provisional Regulation), imposed a provisional anti-dumping duty on imports into the Community of certain graphite electrode systems origi- nating in India. B. SUBSEQUENT PROCEDURE Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional anti-dumping measures, several interested parties made written submissions making their views known on the provisional findings. The parties who so requested were granted an opportunity to be heard. () 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 183, 20.5.2004, p. 61. () The Commission continued to seek and verify all infor- mation it deemed necessary for the definitive findings. All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a definitive anti-dumping duty on imports of certain graphite electrode systems originating in India and the definitive collection of the amounts secured by way of the provisional duty. They were also granted a period within which to make repre- sentations subsequent to the disclosure of the essential facts and considerations. The oral and written comments submitted by the interested parties were considered and, where appro- priate, the findings have been modified accordingly. C. PRODUCT CONCERNED AND LIKE PRODUCT Since no new comments were received regarding the product concerned and the like product, recitals 11 to 15 of the provisional Regulation are hereby confirmed. D. DUMPING 1. Claims made by the exporting producers The two cooperating exporting producers reiterated their claim that a duty drawback adjustment on the normal value should have been granted, pursuant to Article 2(10)(b) ‘Tmport charges and indirect taxes’ or under Article 2(10)(k) ‘Other factors’ of the basic Regulation, for the benefits received under the Duty Entitlement Passbook Scheme (DEPB) on a post-export Dbasis. Pursuant to Article 2(10)(b), they claimed that at least the amount of DEPB credits used against imports of raw materials consumed in the production process of the exported product should be granted as allowance.