21. 12. 94 Official Journal of the European Communities No L 330/15 COMMISSION REGULATION (EC) No 3119/94 of 19 December 1994 imposing a provisional anti-dumping duty on imports of ferro-silico-manganese originating in Russia, Ukraine, Brazil and South Africa 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 within the Advisory Committee, Whereas : M @ ®) A. PROCEDURE In August 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 ferro-silico-manganese  originating in  Russia, Ukraine, Georgia, Brazil and South Africa. The proceeding was initiated as a result of a complaint lodged by Euroalliage — Liaison Committee of the Ferro-Alloy Industry — acting on behalf of allegedly all the Community produ- cers of ferro-silico-manganese. The complaint contained evidence of dumping of the product originating in the countries mentioned 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. Five Community producers replied to the Commis- sion’s questionnaire and made their views known in writing. These producers were found to account () OJ No L 209, 2. 8. 1988, p. 1. () O] No L 66, 10. 3. 1994, p. 10. () O] No C 210, 4. 8. 1993, p. 5. @ ®) (6) @) for 66 % of the Community production of ferro- silico-manganese, and were therefore representative of the Community industry within the meaning of Article 4 (5) of Regulation (EEC) No 2423/88 (hereinafter referred to as ‘the Basic Regulation’). A number of producers in Ukraine, Georgia, Brazil and South Africa, and three importers in the Community, one of which related to a South African producer, replied to the Commission’s questionnaire and made their views known in writing. As regards Russia, the complaint had pointed to the existence of ferro-silico-manganese of Russian origin, based on Eurostat statistical data, but did not identify producers of this product in Russia. The Commission sent questionnaires to potential producers of ferro-silico-manganese in this country, i.e. ferro-alloy producers, and to traders known to be concerned. No producer and only one trader replied to the questionnaire, arguing that there was no production of ferro-silico-manganese in Russia. Representatives of the Russian authorities also submitted that Russia had no producton facilities for this product and should not therefore be included in the proceeding. However, the Commission obtained evidence that significant quantities of ferro-silico-manganese of Russian origin were exported from Russia to the Community during the investigation period. Under these circumstances, and in order to avoid any potential discrimination or circumvention, Russia should not be excluded from the scope of the present investigation. All parties who so requested were granted a “hearing. The Commission sought and verified the informa- tion it deemed to be necessary for the purpose of a preliminary determination of dumping and injury, and carried out investigations at the premises of the following : (@) Complainant Community producers : — Sadaci SA, Belgium, — Dunkerque France, Electrometallurgie (DEM),