L 133/36 Official Journal of the European Union 29.5.2003 COUNCIL REGULATION (EC) No 931/2003 of 26 May 2003 amending the anti-dumping measures imposed by Regulation (EC) No 1011/2002 on imports of powdered activated carbon (PAC) originating in the People's Republic of China THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community ('), and in particular Article 11(3) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Measures in force (1)  In June 2002, the Council, by Regulation (EC) No 1011/ 2002 (3 imposed definitive anti-dumping duties on imports of powdered activated carbon (PAC) originating in the People's Republic of China (PRC). The duties took the form of a specific duty. 2. Initiation (20 On 29 October 2002, the Commission announced by a notice (Notice of Initiation) published in the Official Journal of the European Communities () the initiation of a partial interim review of the anti-dumping measures applicable to imports into the Community of PAC origi- nating in the PRC. (3)  The review was initiated on the initiative of the Commis- sion in order to examine the appropriateness of the form of the measures in force. The current measure, i.e. a duty in the form of a specific duty, does not cater for situa- tions in which imported goods have been damaged before entry into free circulation. 3. Investigation (4)  The Commission officially advised exporting producers, the importers and the users known to be concerned and their associations, the representatives of the exporting country concerned and the Community producers about the initiation of the proceeding. Interested parties were L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 1972/2002 (O] L 305, 7.11.2002, p. 1). () OJ L 155, 14.6.2002, p. 1. 0] C 262, 29.10.2002, p. 2. given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the Notice of Initiation. (5) A number of exporting producers in the country concerned, as well as Community producers and Community importers|traders made their views known in writing. All parties who so requested within the set time limit and who demonstrated that there were parti- cular reasons why they should be heard were granted the opportunity to be heard. (6)  The Commission sought and verified all the information it deemed necessary for the purpose of a determination of the appropriateness of the form of the measures in force. B. RESULTS OF THE INVESTIGATION (7)  Article 145 of Commission Regulation (EEC) No 2454/ 93 of 2 July 1993 laying down provisions for the imple- mentation of Council Regulation (EEC) No 291392 establishing the Community Customs Code (*) foresees, for the determination of the customs value, an appor- tioning of the price actually paid or payable in situations where goods have been damaged before entry into free circulation. In such situations, customs value is reduced by a percentage which corresponds to the apportioning of the price actually paid or payable. (8)  In order to avoid that an excessive amount of anti- dumping duty is levied, the specific duty should, in case of damaged goods, be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable. (99 No interested party submitted any substantiated comments or arguments against this proposal. (10) It is therefore concluded that in the absence of any substantiated argument from interested parties, in cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value, the specific duty shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable, () OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regula- tion (EC) No 444/2002 (O] L 68, 12.3.2002, p. 11).