27. 6. 85 Official Journal of the European Communities No L 167/3 COUNCIL REGULATION (EEC) No 1739/85 of 24 June 1985 imposing a definitive anti-dumping duty on imports of certain ball bearings and tapered roller bearings 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 Community ('), and in parti- cular Article 12 thereof, Having regard to the proposal submitted by the Commission after consultations within the Advisory Committee as provided for under the above Regula- tion, Whereas : A. Provisional action (1) The Commission, by Regulation (EEC) No 3669/84 (%), imposed a provisional anti-dumping duty on imports of ball bearings with greatest external diameter of more than 30 mm and of tapered roller bearings originating in Japan and manufactured or exported by Koyo Seiko Co. Ltd, Nachi-Pujikoshi Corporation (Nachi), Nippon Seiko KK (NSK) and NTN Toyo Bearing Co. Ltd. (2) The Council, by Regulation (EEC) No 1034/85 (?), extended the period of validity of this provisional duty for a further period not exceeding two months. B. Subsequent procedure (3) Following the imposition of the provisional anti- dumping duty and within the one-month period provided for in Article 3 of Regulation (EEC) No 3669/84, the four exporters concerned requested and were granted an opportunity to be heard by the Commission and were informed in detail of the facts on which the Commission had based its preliminary finding of dumping. (4) The same parties with the exception of NTN also requested a disclosure conference in order to be () OJ No L 201, 30. 7. 1984, p. 1. () OJ No L 340, 28. 12. 1984, p. 37. () O No L 112, 25. 4. 1985, p. 1. O (6) _concerned by this informed of the facts on the basis of which it was intended to establish the definitive dumping margin and these requests were granted. These parties were also granted a period within which they could make representations subsequent to these disclosure conferences. In addition to the investigations leading to the preliminary determinations, the Commission carried out further on-the-spot investigations at the premises of Nachi and NSK in Tokyo, Japan. Prior to the imposition of provisional duties, a certain number of smaller Japanese manufactur- ers and exporters had informed the Commission that they considered themselves concerned by the procedure and offered their cooperation. Ques- tionnaires were sent to all these companies and on the basis of the replies received the Commis- sion tentatively determined which of the compa- nies were manufacturing the bearings under investigation and had exported them to the Community during the period of reference. This applied to the following companies, at the premises of which on-the-spot verifications were carried out: — Asahi Seiko Co. Ltd, Osaka, — FKC Bearing Co. Ltd, Osaka, — Fujino Iron Works Co. Ltd, Osaka, — Inoue Jikuuke Kogyo Co. Ltd, Osaka, — Jzumoto Seiko Co. Ltd, Osaka, — Maekawa Bearing MFG, Co. Ltd, Osaka, — Matsuo Bearing Co. Ltd, Osaka, -— Minamiguchi Bearing MFG Co. Ltd, Osaka, — Nankai Seiko Co. Ltd, Osaka, — Sapporo Precision Inc. Sapporo, — Wada Seiko Co. Ltd, Osaka. In the course of the investigation it appeared that Sapporo Precision Inc. is not a manufacturing company, but obtains nearly all of the bearings investigation from Kita Nippon Seiko Co. Ltd, a production company which is majority owned by Sapporo Precision Inc., and is consequently considered to be effec- tively controlled by it. In view of this fact, for the purposes of the investigation the two companies were treated as a single economic entity.