22. 6. 85 Official Journal of the European Communities No L 163/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 1698/85 of 19 June 1985 imposing a definitive anti-dumping duty on imports of electronic typewriters originating in Japan THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community ('), and in particular Article 12 thereof, Having regard to the proposal submitted by the Commission after consultation within the Advisory Committee as provided for under the above Regula- tion, Whereas : A. Provisional action (1) The Commission, by Regulation (EEC) No 3643/84 (%), imposed a provisional anti-dumping duty on imports of electronic typewriters orig- inating in Japan and terminated the proceeding with regard to Nakajima All Co. Ltd. That duty was extended for a maximum period of two months by Regulation (EEC) No 1015/85 (3). B. Subsequent procedure (2) Following the imposition of the provisional duty all exporters and a number of related and unre- lated importers, with the exception of Nakajima All and those firms importing Nakajima All’s products into the Community, as well as the complainant Community industry requested, and were granted, an opportunity to be heard by the Commission. The Commission informed them in detail of the facts on which it had based its provi- () OJ No L 201, 30. 7. 1984, p. 1. () O] No L 335, 22. 12. 1984, p. 43. () O] No L 108, 20. 4. 1985, p. 18. (3) (4) sional findings. They also made written submis- sions making known their views on the findings. Upon their request, parties were also informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive duties and the definitive collection of amounts secured by way of a provi- sional duty. They were granted a period within which they could make representations subse- quent to these disclosure meetings. Their comments were taken into consideration. C. Normal value The Commission had, for the imposition of the provisional duty, determined normal value on the basis of domestic sales prices for those models for which it was satisfied that they were sold in sig- nificant quantities in Japan ; for all other models normal value was determined on the basis of constructed value. In this context the Commis- sion considered it appropriate and in the interest of legal certainty to establish that sales on the domestic market should normally be used for the purpose of establishing normal value if they exceed 5 % by volume of exports to the Com- munity. The possibility of determining normal value on the basis of a comparable price of the like product when exported to a third country was considered ; however, the only third country which appeared appropriate was one to which some of of the exporters sold through related importers and therefore it would have been likely that the export price of that market would have to be constructed. Some exporters argued that such a threshold should not be fixed because its use would prevent the Community from taking into account special circumstances in general and in this case in particular.