5.9.97 Official Journal of the European Communities L 243/7 COMMISSION REGULATION (EC) No 1731/97 of 4 September 1997 imposing a provisional anti-dumping duty on imports of glyphosate originating in the People’s Republic of China THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 Com- munity ('), as amended by Regulation (EC) No 2331/96 (3, and in particular Article 7 thereof, After consulting the Advisory Committee, Whereas: ) A. PROCEDURE 1. Initiation On 13 October 1995, the Commission announced, by a notice published in the Official Journal of the European Communities(’), the initiation of an anti-dumping proceeding with regard to imports into the Community of glyphosate originating in the People’s Republic of China and commenced an investigation. The proceeding was initiated as a result of a complaint lodged in May 1995 by Monsanto Europe SA/NV (Belgium), with the support of Cheminova Agro A/S (Denmark), representing a major proportion of the Community production of glyphosate. The complaint contained sufficient evidence of dumping by the imports concerned and of material injury resulting therefrom to justify the initiation of an anti-dumping proceeding. 2. Investigation The Commission officially advised the exporters, importers and users known to be concerned, the representatives of the exporting country and the complainant Community producers about the initi- ation of the proceeding. Interested parties were given the opportunity to make their views known 56, 6. 3. 1996, p. 1. 317, 6. 12. 1996, p. 1. 266, 13. 10. 1995, p. 22. o 4 ) in writing and to request a hearing within the time limit set out in the notice of initiation. A number of producers in the country concerned as well as some Community importers and produ- cers made their views known in writing. All parties who so requested within the above time limit were granted a hearing. The Commission sent questionnaires to the ex- porters and importers listed in the complaint as well as to the two complainant Community produ- cers. Questionnaires were also sent to the national authorities of the People’s Republic of China (with a view to allowing any other producer/exporter in this country to cooperate) and to those exporters who, while not listed in the complaint, made them- selves known and requested a questionnaire within the limit set in the notice of initiation. The Commission received detailed replies from two Community producers, four producers in the People’s Republic of China and one exporter in Hong Kong as well as from four unrelated im- porters in the Community. The Commission sought and verified all the infor- mation it considered necessary for a preliminary determination of dumping and injury and carried out verification visits at the premises of the fol- lowing companies: (a) Community producers — Monsanto Europe SA/NV (Belgium), — Cheminova Agro A/S (Denmark); (b) Unrelated importers — Helm (Germany), — Calliope (France). The Commission conducted an investigation at the premises of Mobras and Nortox in Brazil, since Brazil had been selected as an analogue country for the purposes of calculating the People’s Republic of China’s normal value (see recitals 15 to 20). The period of investigation for the determination of dumping was 1 September 1994 to 31 August 1995 (hereinafter referred to as ‘the investigation period). The examination of injury covers the period 1991 to the end of the investigation period.