9.4.98 Official Journal of the European Communities L111/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 771/98 of 7 April 1998 imposing a definitive anti-dumping duty on imports of tungsten carbide and fused tungsten carbide originating in the People’s Republic of China 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 11(6) thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Measures in force (1) By Regulation (EEC) No 2737/90 (3, the Council imposed a definitive anti-dumping duty on imports of tungsten carbide and fused tungsten carbide originating in the People’s Republic of China. By Decision 90/480/EEC (°) the Commission accepted undertakings given by two major exporters concerning the product subject to measures. Following the withdrawal of the undertakings by the two Chinese exporters concerned, the Commis- sion imposed by Regulation (EC) No 2286/94 (*) a provisional anti-dumping duty on the product concerned. By Regulation (EC) No 610/95 (°), the Council amended Regulation (EEC) No 2737/90 and () OJ L 56, 6. 3. 1996, p. 1. Regulation as amended by Regula- tion (EC) No 2331/96 (O] L 317, 6. 12. 1996, p. 1). () OJ L 264, 27. 9. 1990, p. 7. () OJ L 264, 27. 9. 1990, p. 59. (%) OJ L 248, 23. 9. 1994, p. 8. () OJ L 64, 22. 3. 1995, p. 1. () () ) imposed a definitive duty of 33 % on imports of tungsten carbide and fused carbide. 2. Request for review Following the publication in February 1995 of a notice (°) of the impending expiry of the measures in force, the Commission received a request for a review of these measures lodged by Eurométaux, on behalf of three Community producers representing, with the exception of one small producer, the totality of the producers of the product concerned in the Community. The request contained evidence of dumping of the product originating in the People’s Republic of China and of renewed mate- rial injury likely to recur in the event of expiry of the existing measures. This evidence was consid- ered sufficient to justify the initiation of a review investigation. On 21 September 1995, the Commission announced by a notice published in the Official Journal of the European Communities(’), the initiation of a review of Regulation (EEC) No 2737/ 90. This review was initiated within the meaning of Article 11(2) of Regulation (EC) No 3283/94 (%) which was replaced during the investigation by Regulation (EC) No 384/96 (hereafter referred to as the ‘Basic Regulation’). 3. Investigation The Commission officially advised the producers/ exporters and importers known to be concerned, the representatives of the exporting country and the complainant Community producers of the initiation of the review. 48, 25. 2. 1995, p. 3. oJ C O] C 244, 21. 9. 1995, pp. 3, 4 and 5. oJ L 349, 31. 12. 1994, p. 1.