8. 3.85 “Official Journal of the European Communities No L 68/13 COMMISSION REGULATION (EEC) No 595/85 of 7 March 1985 imposing a provisional anti-dumping duty on imports of certain hydraulic excavators originating in Japan THE COMMISSION OF THE EUROPEAN ~ views known in writing and certain producers, all COMMUNITIES, exporters and a few importers concerned requested and were granted a hearing. Having regard to the Treaty establishing the European Economic Community, (4) No submissions were made by -Community purchasers and users of hydraulic excavators. Having regard to Council Regulation (EEC) No o L ) 2176/84 of 23 July 1984 on protection against (5) The Commission sought and verified all informa- dumped or subsidized imports from countries not tion it deemed to be necessary for the purposes of members of the European Economic Community ('), a preliminary determination and carried out and in particular Article 11 thereof, investigations at the premises of the following : After consultations within the Advisory Committee as EEC producers: provided for under the above Regulations, — Benati SpA, Imola (Italy), — Fiat Allis Europe SpA, Torino (Italy), Whereas : . — J.C. Bamford Excavators Ltd, Rochester (United Kingdom), _ A. Procedure — Liebher  Gmbh,  Kirchdorf/Iller = (West (1) In May 1984, the Commissi ived Oermany), n ay 1984, the Commission received a _ . . . complaint lodged by the Federation of Manufac- Poclain _SA’ Le Plessis-Belleville (France), turers of Constructing Equipment and Cranes on — Orenstein und Koppel AG, Dortmund (West behalf of Community producers whose collective Germany), output constitutes the majority of Community — Ruston  Bucyrus Ltd, Lincoln (United production of the products in question. The . Kingdom), - complaint contained evidence of dumping and of — H. Weyhausen KG, Delmenhorst (West material injury resulting therefrom, which was Germany), considered suffcient to justify the initiation of a proceeding. The Commission accordingly — Yumbo SA, Genas (France). announced, by a notice published in the Official Non-EEC producers : Journal of the European Communities(®), the initiation of an anti-dumping proceeding con- — Hitachi Construction Machinery Co. Ltd, cerning imports into the Community of self- Tokyo (Japan), propelled hydraulic excavators, track laying or — Japan Steel Works Ltd, Tokyo (Japan), wheeled with a total operating weight above six — Mitsubishi Heavy Industries, Akashi (Japan), tonnes and not exceeding 35 tonnes having a ‘ 360° slew capability and equipped with a single — Kobelco-Kobe Steel Ltd, Tokyo (Japan), bucket, originating in Japan and falling within — Komatsu Ltd, Tokyo (Japan). Common Customs Tariff subheading ex 84.23 A ] b) and corresponding to NIMEXE code ex Exporters to EEC: 84.23-11, and commenced an investigation. — C. Itoh & Co. Ltd, Tokyo (Japan), (2) The Commission officially so advised the expor- — Tokyo Menka Kaisha, Osaka (Japan). ters and importers known to be concerned, the EEC importers : representatives of the exporting country and . ) complainants, and gave the parties directly — Komatsu Europe NV, Vilvoorde (Belgium), concerned the opportunity to make known their — Equipco, Bagnolet (France), views in writing and to request a hearing. - — Hitachi BV, Oosterhout (Netherlands), — C. H. Beazer, Bridgewater, Somerset (United Kingdom), — Kobemac Ltd, Harewood Forest Works _ United Kingdom), () OJ No L 201, 30. 7. 1984, p. 1. , ( ec one .om) : : () OJ No C 201, 31. 7. 1984, p. 3. — Tridiam, Woking, Surrey (United Kingdom). (3) The majority of the known producers, all expor- ters and importers and certain dealers made their