L195/8 Official Journal of the European Communities 19.7.2001 COUNCIL REGULATION (EC) No 1470/2001 of 16 July 2001 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China 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 Community (!), and in particular Article 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: (6) A. PROVISIONAL MEASURES The Commission, by Regulation (EC) No 255/2001 (3 (‘provisional Regulation’), imposed provisional anti- dumping duties on imports of integrated electronic compact fluorescent lamps (‘CFL-i) falling within CN code ex 8539 31 90 originating in the People's Republic of China (PRC). B. SUBSEQUENT PROCEDURE Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional measures on imports of CFL-i origin- ating in the PRC and following the publication of the provisional Regulation, several interested parties submitted comments in writing. The parties who so requested were also granted an opportunity to be heard orally. The Commission continued to seek and verify all infor- mation it deemed necessary for its definitive findings. All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties and the definitive collection of amounts secured by way of provisional duties. They were also granted a period within which they could make representations subsequent to this disclosure. The oral and written comments submitted by the parties were considered, and, where appropriate, the provisional findings have been modified accordingly. C. THE INITIATION OF THE PROCEEDING Some interested parties claimed that certain third coun- tries, namely Poland and Hungary, should have been (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (O] L 257, 11.10.2000, p. 2). () O] L 38, 8.2.2001, p. 8. (10) (11) included in the anti-dumping proceeding as the non- inclusion of these countries would be discriminatory. In this respect, it is confirmed that no parallel proceeding could be initiated against Poland and Hungary since, on the basis of the information available at the stage of initiation, no evidence of injurious dumping by these imports was available to the Commis- sion. This claim was therefore rejected. D. PRODUCT CONCERNED AND LIKE PRODUCT Some exporting producers submitted that CFL-i produced in the PRC were not comparable with those produced in the Community, as Chinese producers exported only CFL-i with a lifetime of less than 6000 hours, which were not produced by the Community industry. In this respect, the investigation has shown that both Chinese and Community producers manufacture CFL-i with a lifetime of less than 6 000 hours, as well as CFL-i with a lifetime of more than 6000 hours. In addition, it is confirmed that comparisons made for the purpose of calculating injury and undercutting margins were based on CFL-i with comparable lifetimes. The claim was therefore rejected. E. DUMPING 1. Normal value Various interested parties objected to the choice of Mexico as an appropriate market economy third country for the purpose of establishing normal value for the PRC. Some interested parties proposed the use of the normal values determined on the basis of the domestic sales made by the two Chinese exporting producers which had been granted market economy treatment, instead of determining normal value on the basis of a market economy third country. Article 2(7) of Council Regula- tion (EC) No 384/96 (‘basic Regulation’) provides that in the case of imports from countries like the PRC, the normal values are to be established on the basis of the price or constructed value in a market economy third country unless an exporting producer meets the criteria set out in subparagraph (c) of paragraph 7 of that Article. Therefore, it was not possible to comply with this request.