13.3.2008 Official Journal of the European Union L 69/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 221/2008 of 10 March 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain manganese dioxides originating in South Africa 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 (') (the basic Regulation), and in particular Article 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES The Commission, by Regulation (EC) No 1066/2007 () (the provisional Regulation) imposed a provisional anti- dumping duty on imports of electrolytic manganese dioxides (EMD) (i.e. manganese dioxides produced through an electrolytic process) not heat-treated after the electrolytic process, falling within CN code ex 2820 10 00 (TARIC code 2820 10 00 10) and origi- nating in South Africa. It is recalled, as set out in recital 8 of the provisional Regulation, that the investigation of dumping and injury covered the period from 1 October 2005 to 30 September 2006 (investigation period or IP). The examination of the trends relevant for the assessment of injury covered the period from 1 January 2002 to the end of the investigation period (period considered). (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (O] L 340, 23.12.2005, p. 17). () O] L 243, 18.9.2007, p. 7. B. SUBSEQUENT PROCEDURE Following the imposition of a provisional anti-dumping duty on imports of electrolytic manganese dioxides origi- nating in South Africa, all interested parties received disclosure of the facts and considerations on which the provisional measures were based. They were also granted an opportunity to be heard. Some interested parties submitted comments in writing and one party which asked to be heard was granted a hearing. The Commission continued to seck and verify all infor- mation it deemed necessary for its definitive findings. After the imposition of provisional measures, an on- spot verification visit was carried out at the premises of Delta EMD Australia Pty Ltd. in order to verify their profits on the domestic market. The oral and written comments submitted by the parties were considered and, where appropriate, the findings were modified accordingly. C. PRODUCT CONCERNED AND LIKE PRODUCT 1. Product concerned One user argued that because carbon zinc EMD cannot be used in alkaline batteries, alkaline and carbon zinc EMD are not interchangeable and therefore not a single product. It should be recalled that, unlike natural manganese dioxides, chemical manganese dioxides or heat-treated electrolytic manganese dioxides, the carbon zinc grade EMD and alkaline grade EMD share the same basic physical, chemical and technical characteristics. Though they are not interchangeable for alkaline battery production, they are both used for essentially the same purposes, ie. in dry cell battery manufacture. Therefore, the above argument had to be rejected.