14. 8. 85 ' Official Journal of the European Communities No L 217/7 COMMISSION REGULATION (EEC) No 2317/85 of 12 August 1985 imposing a provisional anti-dumping duty on imports of roller chains for cycles originating in the USSR and the People’s Republic of China THE COMMISSION 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 Economic Community ('), and in particular Article 11 thereof, After consultations within the Advisory Committee under the above Regulation, Whereas : A. Procedure 1. In May 1984 the Commission received a complaint lodged by the Fachverband Fahrrad- und Kraftradteile- Industrie e.V. on behalf of producers whose collective output constitutes a major proportion of the Community production of the product in question. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient .to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities(?), the initiation of an anti-dumping proceeding concerning imports into the Community of 1/2” x 1/8” roller chains for cycles falling within heading No ex 73.29 of the Common Customs Tariff, corresponding to NIMEXE code ex 73.29-11, originating in the USSR and the People’s Republic of China and commenced an investigation. 2. The Commission officially so advised the expor- ters and importers known to be concerned and the complainants and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing. All the known exporters made their views known in writing. Neither the exporters nor the importers concerned have requested hearings. () OJ No L 201, 30. 7. 1984, p. 1. () OJ No C 235, 5. 9. 1984, p. 9. The Chinese exporter presented its views in writing, though without providing the necessary supporting evidence. In particular, it failed to reply to the questionnaire sent to it, although the Commission extended the deadline several times and referred in writing to the importance of this information for the establishment of the facts and . to the consequences for the outcome of the proceeding of failure to provide the necessary information, particularly in the light of Article 7 (7) (b) of Regulation (EEC) No 2176/84, which provides that should any interested party refuse access to necessary information, preliminary or final findings may be made on the basis of the facts available. The Commission sought and verified all the infor- mation which it deemed necessary for the prelimi- - nary determination of the facts and carried out investigations at the premises of the following firms : EEC producers : — Union Sils, Van de Loo & Co. GmbH, Fron- denberg, Germany ; — Wippermann Jr. GmbH, Hagen, Germany. The Commission requested detailed written submissions from all complainant Community producers and all exporters and importers, and verified the information made available to the extent considered necessary. The investigation of dumping covered the period June 1983 to June 1984. B. Normal value In order to establish whether the imports from the USSR and the People’s Republic of China were dumped, the Commission had to take account of the fact that these countries do not have market economies and the Commission therefore had to base its determinations on the normal value in a market-economy country. In this connection, the complainants had suggested the Japanese market. As the Commission did not obtain the necessary information it had requested from Japanese producers, the complainants had proposed the Spanish market as an appropriate alternative.