17.2.2000 Official Journal of the European Communities L 45/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 348/2000 of 14 February 2000 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and Ukraine and collecting definitively the provisional duty imposed THE COUNCIL OF THE EUROPEAN UNION, 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 (!), and in particular Articles 9(4) and 10(2) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES By Regulation (EC) No 1802/1999 () (hereinafter referred to as the ‘provisional Regulation’) the Commis- sion imposed a provisional anti-dumping duty on imports into the Community of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and Ukraine. B. SUBSEQUENT PROCEDURE Following the imposition of a provisional anti-dumping duty, the interested parties which so requested were granted an opportunity to be heard. Parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the impos- ition of a definitive anti-dumping duty and the definitive collection, at the level of this duty, of amounts secured by way of the provisional duty. They were also granted a period within which to make representations subsequent to this disclosure. The oral and written comments submitted by the inter- ested parties were considered and, where appropriate, the definitive findings have been changed accordingly. (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98 (O] L 128, 30.4.1998, p. 18). () O L 218, 18.8.1999, p. 3. () C. PRODUCT CONCERNED AND LIKE PRODUCT 1. Product concerned It is to be recalled that recital 7 of the provisional Regulation described the product concerned as 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; seamless tubes of circular cross-section, of iron or non-alloy steel, cold-drawn or cold-rolled; other tubes of circular cross-section, of iron or non-alloy steel, of an external diameter not exceeding 406,4 mm, here- inafter referred to as ‘seamless tubes’. The claim has been repeated that seamless tubes should be divided into two separate products concerned, i.e, commercial steel grade tubes and steel line pipes for oil/gas applications and that any injury suffered by the Community industry should be analysed separately for each product. The alleged distinction is based on the ground that commercial tubes and line pipes are not interchangeable, given the specific certification required for oil/gas applications. It has also been argued that the higher costs of producing line pipes preclude their sale for non-oil/gas applications. Furthermore, it has been alleged that commercial tubes are used in building and infrastructural applications whereas line pipes are used in the oil and gas industries and that both products are sold through different sales channels, with line pipes being sold directly to end-users rather than to traders. It was found that all seamless tubes have the same basic physical and technical characteristics. Although there is a wide range of different types, varying according to external diameter, wall thickness, steel grade and tech- nical specifications, no clear dividing line was found to exist between them.