20.9.2003 Official Journal of the European Union L 234/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1656/2003 of 11 September 2003 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of para-cresol 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 (') (‘the basic Regulation’), and in particular Article 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES (1)  The Commission, by Regulation (EC) No 510/2003 (3 (the ‘provisional Regulation’) imposed a provisional anti- dumping duty on imports of para-cresol falling within CN code ex 2907 12 00, originating in the People's Republic of China. (2)  Itis recalled that the investigation of dumping and injury covered the period from 1 April 2001 to 31 March 2002 (investigation period’ or ‘IP’). The examination of trends relevant for the injury analysis covered the period from 1 January 1998 to 31 March 2002 (‘period under consideration’). B. SUBSEQUENT PROCEDURE (3)  Following the imposition of a provisional anti-dumping duty on imports of para-cresol originating in the People's Republic of China, some interested parties submitted comments in writing. The parties who so requested were also granted an opportunity to be heard orally. (4)  The Commission continued to seek and verify all infor- mation it deemed necessary for its definitive findings. (5)  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 (") OJ L 56, 6.3.1996, p. 1; Regulation as last amended by Regulation (EC) No 1972/2002 (O] L 305, 7.11.2002, p. 1). () OJ L 75, 21.3.2003, p. 12. 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 findings have been modified accordingly. C. PRODUCT CONCERNED AND LIKE PRODUCT In the absence of any comments, the product description and the definition of the like product as set out in reci- tals 11 to 14 of the provisional Regulation are confirmed. D. DUMPING 1. Normal value In the absence of any comments, the provisional findings concerning the market economy treatment and the analogue country as described in recitals 15 to 22 of the provisional Regulation are confirmed. Further to the disclosure of provisional findings, one exporting producer, Nanjing Jingmei Chemical Co., Ltd, submitted that the cost of the raw material of the refined product concerned was counted twice in their response. This claim was considered justified and the cost of production was reduced accordingly. In addition, it was claimed that the allocation of the cost of production of an intermediate product should be altered, as a proportion of this product was not used to produce the product concerned. In fact, the costs reported were in accordance with the internal docu- ments collected on the spot. However, there was no evidence which suggested that this intermediate product was used for the production of other products and there- fore the whole cost of production of the intermediate product was attributed to the cost of production of the product concerned. Therefore, this claim had to be rejected.