26.9.2000 Official Journal of the European Communities L 241/5 COUNCIL REGULATION (EC) No 2011/2000 of 18 September 2000 imposing a definitive anti-dumping duty on imports of fluorspar 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, 11(2) and 11(3) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Measures in force (1)  In March 1994, definitive anti-dumping measures were imposed by Council Regulation (EC) No 486/94 (%) in the form of a variable duty associated with a minimum price of 113,50 ECU per tonne on imports of fluorspar originating in the People's Republic of China (the PRC). The original investigation period covered the period from 1 January 1991 to 30 March 1992. 2. Initiation of the review (2)  Following the publication of a notice of impending expiry of the anti-dumping measures in force on imports of fluorspar originating in the PRC (}), in December 1998, the Commission received a request to review these measures pursuant to Article 11(2) of Council Regulation (EC) No 384/96 (the ‘basic Regulation’). (3)  The request was lodged by Eurometaux, (‘the applicant)) acting on behalf of Community producers representing more than 95 % of the total Community production of fluorspar. (4)  The request was based on the grounds that the expiry of the measures would be likely to result in the continua- tion or recurrence of dumping and injury to the Community industry. Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of a review pursuant () OJL 56 3.1996, pl Regulation as last amended by Regulation (EQ) o /98 (O] L 128 30.4.1998, p. 18). () O L 62, 5.3.1994, p. () O] C 6 4.9.1998, p. 2 to Article 11(2) of the basic Regulation, the Commission initiated a review (4). (5) At the same time, the Commission decided to initiate a review, on its own initiative, pursuant to Article 11(3) of the basic Regulation, limited in scope to the form of the duty. This decision was based on the grounds that the effectiveness of the measures to remove the injury appeared to be undermined given the continuous decline of the market share held by the Community industry following the imposition of measures, and that export prices of Chinese fluorspar appeared to have remained below the level of the minimum price. 3. Investigation (6)  The Commission officially advised the applicant Community producers, the exporters and producers in the exporting country, the importers as well as their representative associations known to be concerned, and the representatives of the exporting country of the initia- tion of the review. The Commission sent questionnaires to all these parties and to those who made themselves known within the time limit set out in the notice of initiation. In addition, a producer in South Africa, which was chosen as analogue country, was advised and received a questionnaire. The Commission also gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing. (7)  All the applicant Community producers replied to the questionnaire. Nine Chinese exporters/traders, all of them members of the China Chamber of Commerce of Metal, Mineral, and Chemical Importers and Exporters (‘CCCMC), replied to the exporters/traders questionnaire. In addition, Cometals, New York, United States of America, an independent trader of Chinese fluorspar, and CMC Trading AG, Zug, Switzerland, completed the exporters/traders questionnaire. (8)  The Commission sought and verified all information it deemed necessary for the purpose of a determination of the likelihood of a continuation or recurrence of dumping and injury and of the Community interest. Verification visits were carried out at the premises of the following companies: (*) O] C 62, 4.3.1999, p. 3, as amended by O] C 120, 1.5.1999, p. 23.