17.9.98 Official Journal of the European Communities L 255/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1965/98 of 9 September 1998 imposing a definitive anti-dumping duty on imports of polysulphide polymers originating in the United States of America and collecting definitively the provi- sional duty imposed 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 9(4) thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PROCEDURE (1) By Regulation (EC) No 617/98 () (hereinafter referred to as the ‘provisional duty Regulation’) the Commission imposed a provisional anti-dumping duty on imports into the Community of polysul- phide polymers (hereinafter referred to as ‘PSP falling within CN code ex 4002 99 90 and origin- ating in the United States of America (hereinafter referred to as ‘USA). (20  Following the imposition of provisional anti- dumping measures, several interested parties submitted comments in writing. (3)  The parties who so requested were granted an opportunity to be heard by the Commission. (40  The Commission continued to seek and verify all the information it deemed necessary for the purpose of its definitive findings. Verification visits were carried out at the premises of the following industrial users of PSP: (") OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98 (O] L 128, 30. 4. 1998, p. 18). () OJ L 82, 19. 3. 1998, p. 25. — Koémmerling Chemische Fabrik GmbH & Co., Pirmasens, Germany, — Chemetall GmbH, Frankfurt/Main, Germany. The parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of defin- itive anti-dumping duties and the definitive collec- tion of amounts secured by way of provisional duties. They were also granted a period within which to make representations subsequent to this disclosure. The oral and written comments submitted by the interested parties were considered, and, where deemed appropriate, taken into account in the definitive findings. B. PRODUCT CONCERNED AND LIKE PRODUCT The exporting producer in the USA requested that solid PSP be excluded from the scope of the present investigation. In this context it should be noted that the complaint lodged by the Community industry and the investigation carried out following this complaint did not distinguish between liquid and solid PSP, nor did it explicitly cover solid PSP. Given the significantly bigger market of liquid PSP and the fact that the Community industry produces only liquid PSP, the investigation carried out was exclusively based on the situation on the United States of America and Community market of liquid PSP. The provisional duty Regulation, however, did not make a distinction between solid and liquid PSP, and anti-dumping measures were consequently applicable to all PSP. As the investigation carried