7.7.95 Official Journal of the European Communities No L 156/ COMMISSION REGULATION (EC) No 1645/95 of 5 July 1995 imposing a provisional anti-dumping duty on imports of microwave ovens originating in the People’s Republic of China, the Republic of Korea, Thailand and Malaysia 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 subsi- dized imports from countries not members of the Euro- pean Economic Community ('), as last amended by Regu- lation (EC) No 522/94 (%), and in particular Article 11 thereof, After consultation with the Advisory Committee, Whereas : 0 A. PROCEDURE In December 1993, the Commission announced, by a notice published in the Official Journal of the European Communities (>}, the initiation of an anti-dumping proceeding concerning imports of microwave ovens originating in the People’s Repu- blic of China, the Republic of Korea, Thailand and Malaysia, and commenced an investigation. The proceeding was initiated as a result of a complaint lodged by the Groupement Interprofes- sionnel des Fabricants d’Appareils d’Equipement Ménager (‘GIFAM’), on behalf of producers alle- gedly representing a major proportion of the total microwave oven production in the European Community. The complaint contained evidence of dumping of the product originating in the countries indicated above, and of material injury resulting therefrom; this evidence was considered sufficient to justify opening a proceeding. The Commission officially advised the producers, exporters and importers known to be concerned, the representatives of the exporting countries, and the complainants, and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing. A number of producers in the countries concerned and an organization (The Foreign Trade Associa- OJ No L 209, 2. 8. 1988, p. 1. OJ No L 66, 10. 3. 1994, p. 10. () OJ No C 341, 18. 12. 1993, p. 12. @) ) tion, ‘FTA’) representing importers into the Community, made their views known in writing. Several parties requested a hearing. The Commission sent questionnaires to parties known to be concerned and received detailed infor- mation from the complaining Community produ- cers, from three exporters related to Chinese produ- cers, four Korean producers, one Malaysian and one Thai producer. It also received detailed information from one exporter related to a Korean and Thai producer and from 18 importers, most of them being related to Korean and Malaysian producers. The Commission sought and verified all informa- tion it deemed necessary for the purposes of a preliminary determination and carried out investi- gations at the premises of the following: (a) Complaining Community producers — AEG Hausgerite AG (‘AEG’) — Germany, — Candy Elettrodomestici Srl and its produc- tion company Gasfire, SpA (‘Candy) — Italy, — Groupe Moulinex SA (‘Moulinex’) — France, — Thomson Electromenager SNC (‘Thomson’) — France. An investigation was also carried out at the premises of Compagnie Européenne pour la Fabri- cation d’Enceintes & Micro-Ondes (CEFEMO), France, a joint venture which, during the investiga- tion period, included three partners, AEG, Thomson and Toshiba, Japan. The two former companies sold microwave ovens produced under the joint venture. After the initiation of the anti- dumping proceeding, Toshiba decided to discon- tinue its microwave oven activity as a partner of CEFEMO and not to cooperate in the investigation. Consequently, all information relating to Toshiba (production, sales, market shares, etc) was disre- garded in the assessment of the situation of the complaining Community industry. (b) Exporters of Chinese products — Vegary Ltd — Hong Kong, — SMC Microwave Products Co. Ltd — Hong Kong, — SMC Microwave Products Co. Ltd — British Virgin Islands — Hong Kong.