24. 1. 97 Official Journal of the European Communities No L 22/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 119/97 of 20 January 1997 imposing definitive anti-dumping duties on imports of certain ring binder mechanisms originating in Malaysia and the People’s Republic of China and collecting definitively the provisional duties imposed 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 Commun- ity ("), and in particular Articles 9 and 23 thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: I. PROVISIONAL MEASURES (1) By Commission Regulation (EC) No 1465/96 (3 (hereinafter referred to as the provisional duty Regulation) provisional anti-dumping duties were imposed on imports into the Community of certain ring binder mechanisms falling within CN code ex 830510 00 and originating in Malaysia and the People’s Republic of China. [I. SUBSEQUENT PROCEDURE ()  Following the imposition of the provisional anti- dumping measures, certain interested parties submitted comments in writing. (3)  Those parties who so requested were granted an opportunity to be heard by the Commission. (4  The Commission continued to seek and verify all information deemed necessary for its definitive findings. () OJ No L 56, 6. 3. 1996, p. 1. () OJ No L 187, 26. 7. 1996, p. 47. ©) (6) ) ®) ©) Parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definit- ive anti-dumping duties and the definitive collec- tion of amounts secured by way of provisional duties. They were also granted a period within which to make representations subsequent to this disclosure. The oral and written comments submitted by the interested parties were considered, and, where deemed appropriate, taken into account in the Commission’s definitive findings. III. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT For the purpose of its preliminary findings, the Commission considered ring binder mechanisms (hereinafter referred to as RBM) produced and sold in the Community, RBM produced and sold in Malaysia, and those exported to the Community from Malaysia and the People’s Republic of China as ‘like products’, within the meaning of Article 1 (4) of Regulation (EC) No 384/96 (hereinafter referred to as the basic anti-dumping Regulation), because they are either identical or have charac- teristics closely resembling each other. One importer, also a producer of the downstream product (that is, manufacturer of ring binder files and other stationery products) reiterated arguments it had made previously, namely that mechanisms with 17 and 23 rings are not like products in rela- tion to ‘standard’ two- to four-ring mechanisms and should, therefore, be excluded from the scope of the proceeding. In support of its claim, the importer argued that only mechanisms with two to four rings were mentioned in the complaint, leaving aside 17- and