31. 5. 97 Official Journal of the European Communities No L 141/61 COMMISSION REGULATION (EC) No 985/97 of 30 May 1997 terminating the investigation concerning the circumvention of definitive anti-dumping measures imposed by Council Regulation (EC) No 993/93 on imports of certain retail electronic weighing scales originating in Japan by imports of the same product assembled in and/or transhipped through Indonesia, and ceasing registration of this product THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 Commu- nity ('), as amended by Regulation (EC) No 2331/96 (3), and in particular Articles 9, 13 and 14 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE (1)  On 31 August 1996, by Regulation (EC) No 1717/96 (), the Commission initiated an investiga- tion into the alleged circumvention of the anti- dumping duties imposed by the Council Regula- tion (EEC) No 993/93 of 26 April 1993 (%) on imports of certain retail electronic weighing scales (hereinafter ‘REWS) originating in Japan by imports of the same product assembled in and/or transhipped through Indonesia, and it directed customs authorities, pursuant to Article 14 (5) of Regulation (EC) No 384/96 (hereinafter the ‘Basic Regulation’), to register imports from Indonesia of the product covered by this investigation. ()  The investigation was initiated following a request, pursuant to Article 13 (3) of the Basic Regulation, lodged on behalf of the Community industry by the following companies: — Bizerba GmbH & Co KG, — Campesa SA, — Dataprocess Industria SpA, — Testut SA, — Lutrana SA, — GEC Avery Limited, — Maatschappij van Berkel's Patent BV, — Breveti van Berkel SpA. (3)  The request contained evidence, in accordance with Article 13 (3) of the Basic Regulation, that the anti-dumping duty on imports of REWS produced OJ No L 56, 6. 3. 1996, p. 1. 0] No L 317, 6. 12. 199, p. 1. 0] No L 221, 31. 8. 1996, p. 47. O] No L 104, 29. 4. 1993, p. 4. by TEC Corporation, Tokyo () (hereinafter “TEC’) and originating in Japan could be being circum- vented by assembly operations in and/or tranship- ments through Indonesia of REWS subsequently exported to the Community. The evidence was considered to be sufficient to justify the initiation of an investigation. (4 The product under consideration consists of elec- tronic weighing scales for use in the retail trade which incorporate a digital display of the weight, unit price and price to be paid, whether or not including a means of printing this data (hereinafter referred to as ‘REWS’). REWS are currently classi- fied within CN code ex 8423 81 50. (5)  The investigation covered the period 1 July 1995 to 30 June 1996. (6)  The following companies cooperated in the invest- igation and submitted satisfactory replies to the questionnaires: — TEC Corporation (Japan) (exporter), — PT TEC Indonesia (hereinafter TEC Indonesia) (assembler), — TEC Elektronic GMBH (related importer), — TEC UK Ltd (related importer), — TEC France International SA (related importer), — TEC Belgium SA (related importer). Companies which requested to be heard within the time limits set by Regulation (EC) No 1717/96 were granted a hearing. The Commission advised the authorities of Japan, Singapore and Indonesia and held consultations with representatives of Indonesia. The Indonesian company mentioned in the request, PT Kahar Duta Sarana (Jakarta, Indonesia), informed the Commission that it distributed REWS on the Indonesian market but that it dit not export REWS to the European Community. Con- sequently it did not reply to the questionnaire. () By Regulation (EEC) No 993/93 of 26 April 1993 the Council imposed, inter alia, a definitive individual duty of 22,5 % on REWS produced by Tokyo Electric Co. Ltd (Tokyo, Japan). Tokyo Electric Co. Ltd and its domestic sales subsidiary TEC Electronics Corporation merged in October 1994 into the company ‘TEC Corporation’.