7.3.97 Official Journal of the European Communities No L 67/27 COMMISSION DECISION of 30 January 1997 terminating the anti-dumping proceeding concerning imports into Spain of certain Portland cement originating in Romania, Tunisia and Turkey (97/169/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Euiopean 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 9 thereof, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or sub- sidized imports from countries not members of the Euro- pean Economic Community (?), hereinafter referred to as the ‘Basic Regulation’, and in particular Article 9 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE (1)  In January 1992, the Commission received a complaint lodged by Oficemen, the national organ- ization of Spanish cement producers acting on behalf of all Spanish producers of Portland cement. (2 The complaint contained prima facie evidence of dumping on a regional basis and of injury resulting therefrom. The evidence presented was considered sufficient to justify the initiation of a proceeding in order to establish whether the facts alleged existed and justified any action being taken. The Commis- sion accordingly announced, by a notice in the Official Journal of the European Communities (), the initiation of an anti-dumping proceeding concerning imports into Spain of certain Portland cement originating in Turkey, Romania and Tunisia, and began an investigation. The product concerned is Portland cement, other than white, whether or not artificially coloured, in bulk or in bags, falling within CN code 2523 25 00. (3  The Commission officially advised the producers, exporters and importers known to be concerned, the representatives of the exporting countries, and the complainants, and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing. () OJ No L 56, 6. 3. 1996, p. 1. () O] No L 209, 2. 8. 1988, p. 1. () OJ No C 100, 22. 4. 1992, p. 4. ) (6) ®) ©) The Governments of Turkey and Tunisia, and the producers and exporters in the countries concerned made their views known in writing. All parties who so requested were granted a hearing. The investigation period was set as 1 April 1991 to 31 March 1992. The Commission sought and verified all informa- tion it deemed to be necessary for the purposes of its determination of dumping and injury and carried out investigations at the premises of the following Spanish producers: — Asland Cataluna y del Mediterranneo, Barce- lona, — Asland, SA, Madrid, — Cementos Atlantico, SA, Madrid, — Cementos Molins, SA, Barcelona, — Compania Valenciana de Cementos Portland, SA, Valencia, — Portland Iberia, SA, Madrid, — Sociedad Financiera y Minera, SA, Madrid, — Uniland Cementera, SA, Barcelona. On the basis of the results of such investigation, the Commission, after consulting the Anti- dumping Committee, concluded that the pro- ceeding should be terminated without measures because no material injury nor threat thereof was found to have been caused to the Spanish industry by the imports concerned. The Commission, given the objections within the Advisory Committee, submitted, on 10 February 1994, in accordance with Article 9 of the Basic Regulation, a report to the Council together with a proposal that the proceeding be terminated without measures. The Council, on 7 March 1994, decided not to terminate the proceeding. The Commission, following the Council’s decision, re-examined the results of its investigation in the light of both information provided by the Spanish industry and verified during the investigation, and further representations from the complainants. In this respect, the scope of this re-examination was limited by the fact that it could only look at data from the investigation period and the information relating to a subsequent period can therefore not be taken into account.