No L 36/10 Official Journal of the European Communities 8.2 85 COMMISSION REGULATION (EEC) No 328/85 of 6 February 1985 imposing a provisional anti-dumping duty on imports of certain glass mirrors originating in South Africa THE COMMISSION OF THE EUROPEAN (3) The exporter and one associated importer, COMMUNITIES, through their legal representatives, expressed opposition to the proceeding in writing and _ : o presented their views in detail, though without Having fegafd to the. Treaty establishing the European providing the necessary supporting evidence. In Economic Community, particular, they failed to reply to the question- naire sent to them, although the Commission extended the deadline several times and referred Having regard to Council Regulation (EEC) No in writin ; ) ) g on a number of occasions to the LS o 2L, et n preion A mporance o th normaion o e i ) , : establishment of the facts and to the conse- memb;rs'of the Etlxlropez;n Community ('), and in parti- quences for the outcome of the proceeding of cular Article 11 thereof, failure to provide the necessary information, parti- _ cularly in the light of Article 7 (7) (b) of Regula- After consultation within the Advisory Committee tion (EEC). No 2176/84, which provides that rovided for by the said Regulation should any interested party refuse access to neces- p ’ sary information, preliminary or final findings may be made on the basis of the facts available. Whereas : (4) The Commission gathered and checked all the A. Procedure (1) In March 1984 the Commission received a complaint from a Community manufacturer representing a major proportion of Community output of the goods concerned. The complaint contained sufficient evidence of dumping and of material injury resulting therefrom to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communi- ties(}), the initiation of an anti-dumping proceeding concerning imports into the Commu- nity of certain glass mirrors falling within heading No ex 70.09 of the Common Customs Tariff, corresponding to NIMEXE code 70.09-41, originating in South Africa and commenced an investigation. (2) The Commission officially so advised the exporter and the importets known to be concerned, the representatives of the exporting country and the complainants, and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing. Most of the - known producers and one independent importer made their views known in writing. () OJ No L 201, 30. 7. 1984, p. 1. () OJ No C 167, 27. 6. 1984, p. 2. and the information made available to it which it deemed necessary for the initial establishment of the facts and carried out inspections at the premises of the following firms, with their cooperation : Manufacturers in the Community Garfield Glass Limited, London, United Kingdom Charles André SA, Tours, France Lack of cooperation on the part of the exporter associated importer prevented the Commission from carrying out checks at their premises. The Commission requested and received detailed written submissions from the complainant producer, one other Community producer who supported the complaint after the proceeding had been initiated and one independent importer, who in addition requested and was granted a hearing. The Commission checked the informa- tion made available to it to the extent deemed necessary and in accordance with the supporting evidence available. - The dumping investigation covered the period from January to December 1983.