18. 1. 96 Official Journal of the European Communities No L 13/27 COMMISSION DECISION of 16 January 1996 terminating the anti-dumping proceeding concerning imports into certain regions of Germany of Portland cement originating in Poland, the Czech and Slovak Republics (96/72/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 ('), as last amended by Regulation (EC) No 1251/95 (3, and in particular Article 23 thereof, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped and 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 9 thereof, After consulting the Advisory Committee, Whereas : A. PROCEDURE () In July 1993, the Commission received a complaint lodged by the Bundesverband der Deuts- chen Zement Industrie on behalf of German producers of Portland cement representing almost the totality of Portland cement production in the following regions of Germany: Berlin, Branden- burg, Mecklenburg-Vorpommern, Sachsen, Sach- sen-Anhalt, Thiiringen, Bayern and Baden- Wiirttemberg, (hereafter referred to as the ‘regional market)). The complaint contained evidence of dumping with regard to imports into the regional market of Portland cement originating in Poland and the Czech and Slovak Republics and of material injury resulting therefrom, which was considered suffi- cient to justify the initiation of a proceeding. (2 The Commission, after consultation, accordingly announced by a notice published in the Official Journal of the European Commaunities the initia- tion of an anti-dumping proceeding (¥) concerning () OJ No L 349, 31. 12. 1994, p. 1. () OJ No L 122, 2. 6. 1995, p. 1. () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 66, 10. 3. 1994, p. 10. {) OJ No C 117, 28. 4. 1994, p. 3. &) “ ©) (6) ™ imports of Portland cement originating in Poland and the Czech and Slovak Republics into the regi- onal market and commenced an investigation. Regulation (EEC) No 2423/88 applies in this proceeding opened before 1 September 1994. The Commission officially advised the exporters and importers known to be concerned as well as the representatives of the exporting countries and the complainant of the initiation of the proceeding and gave the parties directly concerned the oppor- tunity to make their views known in writing or to request a hearing Several - parties, including the Polish authorities made their views known in writing and requested a hearing; all such requests were granted. The Commission sought and verified all informa- tion deemed to be necessary for the purpose of a preliminary determination and carried out investi- gations at the premises of 11 Community produ- cers representing 91 % of the total production in the regional market; 11 Polish producers, eight Czech producers and six Slovak producers, which represented, taken together, the totality of exports to the regional market, and three of the nine importers in the regional market which responded to the notice of initiation within the time limits laid down and replied to the Commission’s ques- tionnaires. The period used for the investigation of dumping was 1 April 1993 to 31 March 1994. In view of the important number of parties involved in the proceeding, the investigation exceeded the normal period of one year. B. REGIONAL MARKET The Commission established that the Community producers in the regional market sold 96 % of their total production of the product in question in that market. Furthermore, only 5§ % of the total demand in the regional market was supplied by producers located elsewhere in the Community. The Commission also established that 99 % of the imports into the Community from the countries concerned were concentrated in the same market. Therefore, the complaining and cooperating produ- cers in the regional market which represented