L 17/42 Official Journal of the European Communities 22.1.98 COMMISSION DECISION of 21 January 1998 terminating the anti-dumping proceeding concerning imports of dihydrostrep- tomycin originating in the People’s Republic of China (98/90/EC) 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 Community ('), as amended by Council Regulation (EC) No 2331/96 (3, and in particular Article 9(2) thereof, After consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE Following a complaint lodged by the European Council of Chemical Manufacturers Federations (CEFIC) acting on behalf of the sole known producer of dihydrostreptomycin in the European Community, the Council, by Regulation (EEC) No 3836/91 (}), imposed a definitive anti-dumping duty on imports of dihydrostreptomycin (herein- after referred to as DHS) falling within CN code 2941 20 10, originating in the People’s Republic of China. The rate of duty imposed was ECU 20,16 per kilo- gram of base DHS or the difference between the cif price and ECU 58,4 per kilogram of base DHS, whichever is the higher. For two Chinese companies, specifically mentioned in the operative part of the Regulation, the duty amounted to ECU 14,9 per kilogram of base dihydrostreptomycin or the difference between the CIF price and ECU 53,16 per kilo- gram of base DHS, whichever is the higher. B. REVIEW INVESTIGATION The Commission subsequently received a request by an importer in the Community, acting on behalf of a Chinese exporter, to repeal the meas- ures in force. The applicant alleged that there was no longer a Community DHS industry which could be injured by the imports concerned. The () OJ L 56, 6. 3. 1996, p. 1. () OJ L 317, 6. 12. 199, p. 1. () O L 362, 31. 12. 1991, p. 1. ©) evidence of changed circumstances contained in the application was considered sufficient to justify the opening of a review investigation pursuant to Article 11(3) of Regulation (EC) No 384/96 (the ‘Basic Regulation’). By a notice published in the Official Journal of the European Communities, the Commission accordingly announced the review of Regulation (EEC) No 3836/91 pursuant to Article 11(3) of the Basic Regulation. Given that no change of circum- stances regarding dumping had been claimed in the request, the review, initiated on 4 January 1996 (*), was initially limited to aspects of injury. A preliminary examination of the situation showed that there was one producer of DHS remaining in the Community. However, it emerged that the circumstances of the case had changed sufficiently to warrant a full review of both dumping and injury. The changed circumstances included an alteration in the composition of the domestic industry (the original sole complainant producer, Rhone-Poulenc, had ceased production but there was one other producer in the Community) and information that Japan, the analogue country used in the original investigation, no longer produced DHS. Furthermore, Chinese export prices appeared to have considerably increased. The implications of these developments were thought to justify the extension of the scope of the reveiw to cover a full examination of both dumping and injury. Having consulted the Advisory Committee on the matter, the Commission decided, on its own initia- tive, to extend the initial scope of the review to cover both dumping and injury. An investigation was initiated by a notice published in the Official Journal of the European Communities (°), pursuant to Article 11(3) of the Basic Regulation. The Commission officially advised the producer, exporters and importers known to be concerned as well as users of the product. The investigation initially covered the year 1995 and, following the extension of the scope of the review, the investigation period for dumping was 1 January to 30 November 1996. 4. 1. 1996, p. 4.