22. 3. 95 * Official Journal of the European Communities No L 64/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 610/95 of 20 March 1995 amending Regulations (EEC) No 2735/90, (EEC) No 2736/90 and (EEC) No 2737/90 imposing a definitive anti-dumping duty on imports of tungsten ores and concentrates, tungstic oxide, tungstic acid, tungsten carbide and fused tungsten carbide originating in the People’s Republic of China, and definitively collecting the amounts secured by way of the provisional anti-dumping duty imposed by Commission Regulation (EC) No 2286/94 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 8 thereof, Having regard to the proposal from the Commission submitted after consultation within the Advisory Committee, Whereas : A. Provisional Measures (1)  Following the withdrawal by two Chinese exporters, China National Non-Ferrous Metals Import and Export Corporation (CNIEC) and China National Metals and Minerals Import and Export Corpora- tion (Minmetals), of the undertakings that had been accepted by Commission Decisions 90/478/EEC (%), 90/479/EEC (®) and 90/480/EEC (*), the Commis- sion, by Regulation (EC) No 2286/94 (%), imposed a provisional anti-dumping duty on imports into the Community of the products exported by the two Chinese exporters concerned and previously covered by the undertakings, namely tungsten ores and concentrates falling within CN code 2611 00 00 (additional Taric code : 8432), tungstic () OJ No L 349, 31. 12. 1994, p. 1. Regulation as amended by Regulation (EC) No 355/95 (O] No L 41, 23. 2. 1995, p. 2). 3) OJ No L 264, 27. 9. 1990, p. 55. () OJ No L 264, 27. 9. 1990, p. 57. () OJ No L 264, 27. 9. 1990, p. 59. () OJ No L 248, 23. 9. 1994, p. 8. @ oxide and tungstic acid falling within CN code ex 28259040 (Taric codes: 28259040°10; 2825 90 40°20 ; additional Taric code: 8481) and tungsten carbide and fused tungsten carbide falling within CN code 2849 90 30 (additional Taric code : 8478) originating in the People’s Republic of China. The provisional duty was extended for a period for two months by Council Regulation (EC) No 82/95 (). B. Definitive duty Paragraph 9 of Article 8 of Regulation (EC) No 3283/94 states that in case of withdrawal of an undertaking, a definitive duty shall be imposed on the basis of the facts established within the context of the investigation which led to the undertaking, provided that such investigation was concluded with a final determination on dumping and injury. The investigation leading to the acceptance of the undertakings from CNIEC and Minmetals was concluded with a final determination of dumping and injury caused thereby, together with a determi- nation that the imposition of anti-dumping measures was in the interest of the Community (). Had it not been for the acceptance of the under- takings offered by these two Chinese exporters, an anti-dumping duty at the following rates would have been imposed on them : ’ tungsten ores and concentrates : CNIEC: 37,0 % Minmetals : 42,4 % No L 14, 20. 1. 1995, p. 1. (9 OJ 7) See No Council Regulations (EEC) No 2735/90, (EEC) 2736/90 and (EEC) No 2737/90, OJ No L 264, 27. 9. 1990, pages 1, 4 and 7 respectively.