No L 134/20 Official Journal of the European Communities 5.6.96 COUNCIL REGULATION (EC) No 1006/96 of 3 June 1996 imposing a definitive anti-dumping duty on imports of powdered activated carbon originating in the People’s Republic of China In addition, following the imposition of the provi- importers/distributors THE COUNCIL OF THE EUROPEAN UNION, 3 sional anti-dumping duty, a company based in the Having regard to the Treaty establishing the European United States of America (USA) submitted to the Community, Commission that it started exporting PAC produced in a joint venture in the People’s Repu- Having regard to Council Regulation (EC) No 384/96 of blic of China on a private-label basis to the 22 December 1995 on protection against dumped imports Community during 1994 (i.e. after the investigation from countries not members of the European Com- period) and requested to be exempted from any munity ('), and in particular Article 23 thereof, definitive duty. The company was advised that such an exemption could only be granted after a Having regard to Council Regulation (EEC) No 2423/88 newcomer review investigation had been requested of 11 July 1988 on protection against dumped or subsi- and carried out under the provisions of Article 11 dized imports from countries not members of the Euro- (4) of Regulation (EC) No 3283/94. Furthermore, as pean Economic Community (), and in particular this proceeding relates to exports from a non- Article 12 thereof, market economy country, the company was advised that it would also have to show to the satisfaction Having regard to the proposal submitted by the Commis- of the Community Institutions that, in its particular sion after consultation within the Advisory Committee, case, individual treatment should be granted. Nevertheless, certain comments of a general nature Whereas: which the company made had also been raised by other interested parties and were therefore already taken into account, where appropriate. A. PROVISIONAL MEASURES (4 As mentioned in recital 76 of the provisional duty Regulation, at that stage of the investigation, no public utility user or industrial user of PAC had (1) The  Commission, by  Regulation (EC) made any submissions to the Commission. Subse- No 1984/95 (%), hereinafter referred to as ‘the provi- quent to the imposition of the provisional anti- sional duty Regulation’, imposed a provisional dumping measures, however, several such users anti-dumping duty on imports into the Com- made their views known to the Commission. munity of powdered activated carbon (hereinafter referred to as ‘PAC’) originating in the People’s In addition, certain Republic of China and falling within CN code submitted that the Commission should approach ex 380210 00. ‘major’ PAC users in order to obtain information . ] on the evolution of their consumption during the By Regulation (EC) No 2736/95 ('), the Council last few years and also to find out how they extended the validity of this duty for a period of perceived Chinese PAC in comparison to the two months. Community produced product. As the Commission could agree to this request, simple questionnaires . » . were sent to numerous PAC users situated in the ()  Subsequent to the imposition of the provisional Community. In total, 22 users situated in six diffe- anti-dumping duty, one Chinese exporter, the rent Member States were approached by the complainants and other interested parties presented Commission. Meaningful comments or replies to written submissions, making known their views on the questionnaire were only received from 12 of the provisional findings. Wher_e {equested, he?rmgs these users, representing approximately 6 % of were granted by the Commission. In particular, total Community consumption. Details of the addi- nine importers/distributors who are members of tional information collected are given below in the Community of Activated Carbon Importing recitals 62 to 66 of this Regulation. Companies in Burope (hereinafter referred to as ‘Cacic’) presented joint submissions concerning the () The Commission continued to seek and verify all Commission’s findings. () OJ No L 56, 6. 3. 1996, p. 1. () OJ No L 209, 2. 8. 1988, p. 1. Regulation as last amended by Regulation (EC) No 522/94 (O] No L 66, 10. 3. 1994, p. 10). () OJ No L 192, 15. 8. 1995, p. 14. (9 OJ No L 285, 29. 11. 1995, p. 2. other information it deemed to be necessary for its definitive findings and also reviewed certain aspects of the calculations made in the provisional duty Regulation to establish dumping, undercutting and the injury elimination level. The parties were informed of these revised calculations and also of