No L 307/30 Official Journal of the European Communities 20. 12. 95 COUNCIL REGULATION (EC) No 2937/95 of 20 December 1995 amending Regulation (EEC) No 2887/93 by imposing an additional anti-dumping duty on imports of certain electronic weighing scales originating in Singapore THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Commu- nity ("), and in particular Article 23 thereof, 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 (%), and in particular Articles 12, 13 (11) and 14 thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas : A. PROCEDURE (1) By Council Regulation (EEC) No 2887/93 (%), a definitive anti-dumping duty of 10,8 % was imposed on imports of certain electronic weighing scales originating in Singapore. (20 The Commission subsequently received a complaint alleging that the anti-dumping duty had been borne, wholly or partly, by the sole known exporter, Teraoka Weigh System PTE Ltd. The evidence for this allegation consisted of price lists of importers selling the product in question which, according to the complainant, demonstrated that, since the imposition of the anti-dumping duty, the resale prices of most models have remained unchanged or have actually declined and that therefore the anti-dumping duty has been borne by the exporter concerned. (3) The complaint was lodged by the Community producers which had also lodged the initial anti- dumping complaint. (49  Since the complaint contained evidence of absorp- tion of anti-dumping duty by the exporter, the (") OJ No L 349, 31. 12. 1994, p. 1. Regulation as last amended by Regulation (EC) No 1251/95 (O] No L 122, 2. 6. 1995, p. 1 () OJ No L 209, 2. 8. 1988, p. 1. Regulation as last amended by Regulation (EC) No 522/94 (O] No L 66, 10. 3. 1994, p. 10). ¢) OJ No L 263, 22. 10. 1993, p. 1. Commission announced the initiation of an inves- tigation as provided for in Article 13 (11) of Regu- lation (EEC) No 2423/88 (hereafter referred to as ‘the basic Regulation’), by a notice published in the Official Journal of the European Communities (). (5)  The Commission officially advised the exporter and importers known to be concerned and gave inte- rested parties the opportunity to make their views known in writing. {(6) Replies to the Commission’s questionnaire were received from the exporter subject to the investiga- tion and from six unrelated importers. (7)  The investigation into the alleged absorption of the anti-dumping duty by the exporter covered the original investigation period, 1 January to 31 December 1991 (hereinafter referred to as the ‘reference period’), which had been taken into account for calculation of the anti-dumping duty, and the period following the imposition of the definitive anti-dumping duty and prior to the initi- ation of the present investigation, ie. from 23 October 1993 to 30 April 1994 (hereinafter referred to as the ‘investigation period’). B. PRODUCT (8) The product under consideration is electronic weighing scales for use in the retail trade which incorporate a digital display of the weight, unit price and price to be paid (whether or not inclu- ding a means of printing this data) falling within CN Code 8423 81 50 (Taric Code 8423 81 50" 10). C. ABSORPTION OF THE ANTI-DUMPING DUTY BY THE EXPORTER I. Existence of absorption of duty (90 In order to establish the existence of absorption, the Commission examined whether, following the imposition of the definitive anti-dumping duty, the import prices free-at-Community-frontier (before payment of customs and anti-dumping duty) bad fallen. Import prices were determined on the basis () OJ No C 129, 11. 5. 1994, p. 6.