5.3.94 Official Journal of the European Communities No L 62/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 486/94 of 4 March 19%4 imposing definitive anti-dumping duties on imports of fluorspar originating in the People’s Republic of China and collecting definitively the provisional anti-dumping duty THE COUNCIL OF THE EUROPEAN UNION, 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 ('), hereinafter referred to as the basic Regulation, and in particular Article 12 thereof, Having regard to the proposal submitted by the Commis- sion after consultation within the Advisory Committee as provided for by the above Regulation, Whereas : A. Provisional measures (1) By Regulation (EEC) No 2463/93 (3, hereinafter referred to as the Provisional Duty Regulation, the Commission imposed a provisional anti-dumping duty on imports of fluorspar, presented in filter cake or powder form, falling within CN code ex 2529 21 00 (Taric code 2529 21 00°10) or CN code ex 25292200 (Taric code 2529 22 00°10), originating in the People’s Republic of China. The Council by Regulation (EC) No 3529/93 () extended the validity of this duty for a period not exceeding two months. B. Subsequent procedure (2)  Subsequent to the imposition of the provisional anti-dumping duty, the interested parties who so requested, were granted an opportunity to be heard by the Commission. Certain of these parties also presented written submissions making known their views on the findings. () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 226, 7. 9. 1993, p. 3. Regulation as amended by Regulation (EC) No 3421/93 (O] No L 312, 15. 12. 1993, p. () OJ No L 321, 23. 12. 1993, p. 1. 3 “ ©) 6 9 Upon request, the parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposi- tion of definitive anti-dumping measures and the definitive collection of amounts secured by way of provisional duty. They were also granted a period within which to make representations subsequent to the disclosure. The parties’ comments were considered and the Commission modified its conclusions where it was deemed to be justified. : Because of the complexity of the data examined and of the difficulties faced in selecting the reference country, the investigation could not be concluded within the time limit provided for in Article 7 (9) (a) of the basic Regulation. C. Product under product investigation and like Subsequent to the publication of the provisional duty Regulation, the definition of the product was amended by Regulation (EC) No 3421/93. No comments were received by the Commission in respect of this amendment and therefore this product definition is confirmed by the Council for definitive determination. As regards the definition of like product within the meaning of Article 2 (12) of the Basic Regulation, the Commission has established in recitals 10 and 11 of the provisional duty Regulation, that fluorspar originating in China, in South Africa — selected as a reference country — and in the European Community, has the same chemical and physical characteristics, the same final application and is fully interchangeable, irrespective of origin. In the absence of new arguments submitted by the parties, the Council confirms the conclusions of the Commission as set out in receitals 10 and 11 of the provisional duty Regulation.