23. 4. 94 Official Journal of the European Communities No L 104/5 COMMISSION REGULATION (EC) No 892/94 of 21 April 1994 imposing a provisional anti-dumping duty on imports of calcium metal originating in the People’s Republic of China and Russia THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or sub- sidized imports from countries not members of the Euro- pean Economic Community ('), as last amended by Regu- lation (EC) No 522/94 (3, and in particular Articles 7 and 11 thereof, _ After consultation within the Advisory Committee, Whereas : A. PROCEDURE (1) In January 1988, following a complaint by the Chambre Syndicale de IElectrométallurgie et de I’Electrochimie on behalf of Community producer accounting for the entire Community production of calcium metal, the Commission initiated an anti-dumping investigation concerning imports of this product originating in the People’s Republic of China and the former Soviet Union (%). Pollowing the investigation, the Council imposed definitive anti-dumping duties by Regulation (EEC) No 2808/89 () which was subsequently declared void by the Court of Justice in its judgment of 11 June 1992 (). (2) - Following that judgment, the Commission received submissions from the Community industry con- taining sufficient evidence of dumping and conse- quent injury, relating both to the former Soviet Union and to China and, after consultation of the Advisory Committee, resumed the investigation and published a notice to that effect in the Official Journal of the European Communities(®). The Commission indicated in that notice that, as Russia was the sole independent State of the former () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 66, 10. 3. 1994, p. 10. () OJ No C 20, 26. 1. 1988, p. 3. ) OJ No L 271, 20. 9. 1989, p. 1. (%) Case C-358/89, Extramet Industrie SA v. Council, [1992] ECR I, p. 3813. © OJp No C 298, 14. 11. 1992, p. 3. ) ©) 6 ) Soviet Union in which producers of calcium metal were located, the proceeding would be restricted to that State as far as the former Soviet Union was concerned. The Commission officially advised the exporters and importers known to be concerned and the complainant. Parties directly concerned were given the opportunity to make their views known in writing and to request a hearing. Representatives of the exporters, the complainant and some importers made their views known in writing. One Chinese exporter, the Community producer and one importer requested, and were granted, a hearing. The Commission sought and verified the informa- tion it deemed to be necessary for the purposes of the investigation and carried out investigations at the premises of the following: (a) the Community producer, Péchiney Electromé- tallurgie, in La Roche de Rame (France) and Paris (France); (b) Importers in the Community, Industries des Poudres Sphériques (IPS, formerly Extramet), in Annemasse (France); (c) A producer in a third-country market economy, Mineral Technologies, in New York (USA). The period selected for the investigation of dumping and of the effects of the allegedly dumped imports in the Community market ran from 1 July 1991 to 31 October 1992. The estab- lishment of a new investigation period, immedi- ately prior to the date of publication of the notice announcing the resumption of the investigation, was required in order for the Commission to act on the basis of the most up-to-date information and to collect new data concerning dumping and injury resulting therefrom. The previous investigation period used in the proceeding had run from 1 January to 31 December 1987. The Chinese exporter, China Nuclear Energy Industry Corporation (CNEIC), the trading arm of the sole producer of calcium metal in the People’s Republic of China, China National Nuclear Corpo- ration (CNNC), requested individual treatment leading to the establishment of a specific individual anti-dumping duty.