17. 1. 90 Official Journal of the European Communities No L 13/21 COUNCIL REGULATION (EEC) No 112/90 of 16 January 1990 imposing a definitive anti-dumping duty on imports of certain compact disc players originating in Japan and the Republic of Korea and collecting definitively the provisional duty ~ THE COUNCIL 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 subsi- dized imports from countries not members of the Euro- pean Economic Community ('), and in particular Articles 9 and 12 thereof, Having regard to the proposal submitted by the Commis- sion after consultation within the Advisory Committee as provided for under the above Regulation, Whereas : A. PROVISIONAL MEASURES (1) The Commission, . by Regulation (EEC) No 2140/89 (3 (hereinafter referred to as ‘the Commis- sion Regulation’) imposed a provisional anti- dumping duty on imports of certain compact disc players -originating in Japan and the Republic of Korea. That duty was extended for a maximum period of two months by Council Regulation (EEC) No 3444/89 (). B. SUBSEQUENT PROCEDURE (2  Following the imposition of the provisional anti- dumping duty, the Japanese and Korean exporters who so requested were granted an opportunity to be heard by the Commissien. They also made written submissions making known their views on the findings. (3) Some Japanese exporters: who cooperated during the proceeding had presented additional claims which required further examination. Investigations,. limited to these additional claims; were carried out on the premises of some exporters in Japan, where it was considered possible so to do within the time constraints between provisional and definitive duty. () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 205, 18. 7. 1989, p. 5. () OJ No L 331, 16. 11. 1989, p. 45. “ ©) ©) " ® Some importers and exporters who did not make themselves known to the Commission within the time limit specified in the opening notice applied to be heard according to Article 2 of the Commis- sion Regulation. While. their views were fully taken into account, no new full investigation of any exporter could be carried out within the. time constraints. The new and unverified data submitted by them had to be disregarded. Upon request, parties were also informed of the essential facts and considerations on .the basis of which it was intended to. recommend the imposi- tion of definitive duties and the definitive collec- tion of amounts secured by way of a provisional duty. They were also granted a period within which to make representations. The oral and written submissions and comments of the parties were considered and, where appropriate, the Commission’s findings were modified to take account of them. Due to the complexity of the proceeding, in parti- cular to the detailed verification of the data and the number of exporters involved and the numerous arguments put forward, the investigation could not be concluded within the time limit provided for in Atticle 7 (9) (a) of Regulation (EEC) No 2423/88. C. PRODUCT UNDER CONSIDERATION, LIKE PRODUCT AND COMMUNITY INDUSTRY In its provisional findings, the Commission consi- dered that all Community-produced stand-alone compact disc players, as defined in recitals 7 to 12 of the Commission Regulation, are like products to all stand-alone compact. disc players exported from Korea and Japan and that the Community produ- cers, Philips, Grundig:- and Bang & Olufsen form the Community industry, within the meaning of Article 4 (5) of Regulation (EEC) No 2423/88. Although some exporters -continued to claim that these: models should not be considered like products, because of the differences in the level of technical specifications and the sophistication of features, no new arguments were presented by the exporters  against these findings. They are, there- fore, confirmed by the Council.