L 254/6 Official Journal of the European Communities 17. 9. 97 COUNCIL REGULATION (EC) No 1786/97 of 15 September 1997 amending Regulation (EC) No 821/94 imposing a definitive anti-dumping duty on imports of silicon carbide originating, inter alia, in the Ukraine 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 Com- munity (), and in particular Article 11 (3} thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: I. PREVIOUS PROCEDURE By Regulation (EC) No 821/94 (%), the Council imposed, inter alia, a definitive anti-dumping duty of 23,3 % on imports of silicon carbide, falling within CN code 2849 20 00, originating in the Ukraine. 1I. REVIEW The Commission subsequently received an applica- tion from the Ukrainian producer Zaprozhsky Abrazivny Combinat (hereinafter referred to as ‘ZAC), formerly called Concern Zaporozhabrasive, for a review of the measures currently in force. The application alleged that, because of the new political situation in the Ukraine which has led to the privatization of the applicant and because its export prices, now determined autonomously, are substantially higher than those established ori- ginally, dumping has disappeared. The evidence of changed circumstances contained in the application was considered sufficient to justify the opening of a review investigation. By a notice published in the Official Journal of the European Communities(’), the Commission, after consulting the Advisory Committee and in accordance with Article 11 (3) of Regulation (EC) (') OJ L 56, 6. 3. 1996, p. 1. Regulation as amended by Regula- tion (EC) No 2331/96 (OJ L 317, 6. 12. 1996, p. 1). () OJ L 94, 13. 4. 1994, p."21. () O] C 135, 7. 5. 1996, p. 4. ® ®) ©) No 384/96 (hereinafter referred to as the ‘Basic Regulation’), initiated a review of the anti-dumping measures in force and commenced an investigation. Since no request concerning changed circum- stances with regard to injury to the Community industry was submitted, the review was limited to the question of dumping. The Commission officially advised ZAC and the representatives of the exporting country. Further- more, it gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing. The representatives of the Community industry made their views known in writing. ZAC requested and was granted a hearing. The Commission sent questionnaires to the parties known to be concerned and received detailed infor- mation from ZAC, from one independent importer located in the Community and from one related importer in the Community. The Commission sought and verified all informa- tion it deemed necessary for the purposes of a determination and carried out investigations at the premises of the following producer located in Brazil, which, as explained in recital 12 below, is the market economy third country chosen in the present review for the establishment of normal value for the Ukraine: — Casil SA — Carbureto de Silicio — Sio Paulo. The investigation of dumping covered the period from 1 April 1995 to 31 March 1996 (hereinafter referred to as ‘the investigation period)). [II. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT (i) Product under consideration The product under consideration is the same as that described in the Regulation subject to review. The product is silicon carbide falling within CN code 2849 20 00. The production process of silicon carbide is such that output automatically comprises a variety of qualities of silicon carbide. These qualities can be segregated into two main grades: crystalline and metallurgical. The crystalline grade is normally