4. 10. 97 Oftficial Journal of the European Communities L 272/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1931/97 of 22 September 1997 imposing a definitive anti-dumping duty on imports of unwrought, unalloyed zinc originating in Poland and Russia and definitively collecting the provisional duty 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 ('), hereafter referred to as the ‘basic Regulation’, and in particular Articles 8, 9 and 23 thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES (), By means of Commission Regulation (EC) No 593/97 (%), hereinafter referred to as ‘the provi- sional duty Regulation’, a provisional anti-dumping duty was imposed on imports of unwrought, unal- loyed zinc falling within CN codes 7901 11 00, 7901 1210 and 7901 12 30, originating in Poland and Russia. B. SUBSEQUENT PROCEDURE (2)  All interested parties cooperating in the investiga- tion, the complainant and the Polish and Russian authorities, received disclosure in writing concern- ing the essential facts and considerations on the basis of which provisional measures were imposed. (") OJ L 56, 6. 3. 1996, p. 1. Regulation as amended by Regula- tion (EC) No 2331/96 (O] L 317, 6. 12. 1996, p. 1). () OJ L 89, 4. 4. 1997, p. 6. ®) % Within the time limits set in the provisional duty Regulation, the Polish Government, the two co- operating Polish producers/exporters listed in the said Regulation, hereinafter referred to as ‘the exporters’, as well as two importers, have submitted comments in writing. All parties which so requested were granted an opportunity to be heard by the Commission services. C. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT The Polish Government, the cooperating Polish exporters and an importer of zinc originating in Russia raised the question whether their product and the products of the European producers could be considered one like product, given certain dif- ferences in physical characteristics and the fact that they fall within three different CN codes. As laid down in recitals 9 to 15 of the provisional duty Regulation all grades of unwrought, unalloyed zinc closely resemble each other. The grades are alike as far as their technical and physical charac- teristics (minimum content of zinc for all grades: 98,5 %) and their main uses (e.g. brass industry) are concerned. In addition, prices for all grades are based on the London Metal Exchange (LME) quota- tions for Special High Grade (SHG) zinc which indicates that they are considered as one like product by the market. The existence of limited differences in the zinc content (Special High Grade (SHG), High Grade (HG), Good Ordinary Brand {(GOB)) and in the impurities (in particular cadmium), between zinc produced by Community producers and Polish