11. 2. 89 Official Journal of the European Communities No L 39/35 COMMISSION DECISION of 9 February 1989 terminating the anti-dumping proceeding concerning imports of wheeled loaders originating in Japan (89/111/EEC) THE COMMISSION 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 subsidized imports from countries not members of the European Community ('), and in particular Article 9 thereof, After consultations within the Advisory Committee as provided for under the -above Regulation, Whereas : A. Procedure Q) In December 1987 the Commission received a complaint lodged by the European Trade Association - for Manufacturers of Construction Equipment (CECE) on behalf of producers representing = the majority of Community production of these products. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify- the initiation of a proceeding. The Commission accordingly announced, by a notice published in. the Official Journal of the European Communities(?), the initiation of an anti-dumping. proceeding concerning imports into the Community of wheeled loaders, falling within CN codes ex 8429 51, ex 8428 90 and ex 8701 90, originating in Japan, and commenced an investi- gation. (2  The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting country and the complainants, and gave the parties - directly concerned the opportunity to make known their views in writing and to request a hearing. (3)  The Commission, for the. purpose of obtaining all the information it deemed to bé necessary, sent questionnaires to the 15 companies- on whose behalf:the complaint was made, in order to allow each company to demonstrate the injury caused to it by imports of wheeled loaders from Japan. The Commission carried out a detailed analysis of those () OJ No L 209, 2. 8. 1988, p. 1. () OJ No C 146, 3. 6. 1988, p. 4. “ O © six companies who returned completed question- naires and whose combined production represented 40 % of Community production in volume terms’ and approximatley 50 % in value terms. Most “of the producers/exporters and importers known to be concerned made known their views in writing. Some of them requested and were granted hearings ; the complainant also requested and was granted a hearing. The Commission verified the information received to the extent it deemed necessary for the purposes of a preliminary determination and- carried out investigations at the premises of the following companies : (a) Community producers: — Hanomag ‘AG, Hannover, Germany, — O. & K. Orenstein & Koppel, Dortmund, Germany, — J. L. Case Europe Ltd, Walton-on-Thames, UK, — J. C. Bamford Excavators Ltd, Rochester, UK, — Fiatgeotech SpA, Turin, Italy. (b) Importers/distributors: — Komatsu Europe: SA, Vilvoorde, Belgium, — Komatsu Baumaschinen Deutschland GmbH, Gross-Gerau, Germany, — Furukawa Espafia SA, Valencia, Spain, — Van der Spek Vianen BV, Vianen, Netherlands, — Brown Group Int plc, Pool-in-Wharfedale, UK, — Fewsters Ltd, Newcastle upon Tyne, UK, — Marubeni Komatsu: Ltd, Redditch, UK. B. Injury (a) Volume market share and price of imports With regard to the injury allegedly being caused by the dumped imports, the evidence avilable to the Commission shows that imports of wheeled loaders to the Community from Japan increased from 527 units in 1983 to 1110 wunmits in 1987. This