No L 262/4 Official Journal of the European Communities 21. 10. 93 COUNCIL REGULATION (EEC) No 2861/93 of 18 October 1993 imposing a definitive- antl-dumplng duty on imports of certain magnetic disks (3 5” microdisks) originating in Japan, Taiwan and the People’s Republic of China, and collecting definitively the provisional duty imposed THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, 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 Article 12 thereof, Having regard to the proposal submitted by the Commis- sion after consultation within the Advisory Committee as provided for under the above Regulation, Whereas : A. PROVISIONAL MEASURES (1) The Commission, by Regulation (EEC) No 920/93 (3), hereinafter referred to as the ‘provisi- onal Regulation’, imposed a provisional anti- dumping duty on imports into the Community of certain magnetic disks (hereinafter referred to as 3,5” microdisks) originating in Japan, Taiwan and the People’s Republic of China, and falling within CN code ex 8523 20 90. The duty was extended for a maximum period of two months by Council Regulation (EEC) No 2206/93 (%). B. SUBSEQUENT PROCEDURE ()  Subsequent to the imposition of the provisional anti-dumping duty, the interested parties who so requested were granted an opportunity to be heard by the Commission. Certain of these parties also presented written submissions making known their views on the findings. (3 Two importers, which had not cooperated in the investigation, made written representations to the Commission following the introduction of the provisional anti-dumping duty. One of them requested, and was granted, a hearing. 4)  Upon request, parties were informed in writing of the essential facts and considerations on the basis of which it was intended to recommend the impo- sition of definitive duties and the definitive collec- tion of amounts secured by way of provisional duty. They were also granted a reasonable period within which to make representations subsequent to the disclosure. (5)  The oral and written comments presented by the parties were considered, and, where appropriate, the () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 95, 21. 4. 1993, p. S. () OJ No L 196, 5. 8. 1993, p. 47. ©) ® Commission’s findings were modified to take account of them. Because of the volume and complexity of the data examined, the investigation could not be concluded within the time limit provided for in Article 7 (9) (a) of Regulation (EEC) No 2423/88. C. PRODUCT UNDER CONSIDERATION/LIKE PRODUCT As no new arguments have been presented regar- "ding the product under consideration and the like product, the Council adopts the findings of the Commission as set out in recitals 7 to 12 of the provisional Regulation. D. INDIVIDUAL TREATMENT OF CHINESE EXPORTERS Several producers in the People’s Republic of China reiterated their request that the Commission make individual company findings for each of them, without, however, presenting any evidence additional to that submitted prior to the provisional findings and referred to at recital 13 of the provisi- onal Regulation. The Commission recalls, in this respect, that indi- vidual treatment is not a requirement of Regulation {EEC) No 2423/88. Indeed, the grant of individual treatment to some of these producers may affect or even distort, the outcome of the calculation of the country-wide anti-dumping duty. In addition, it is, in practice, extremely difficult to establish, in the case of a country such as the People’s Republic of China, whether a company really enjoys, both legally and in fact, independence from the State and, in particular, whether a company has perma- nent independence where it appears to enjoy inde- pendence at a certain point in time. Finally, since the grant of individual treatment may cause inappropriate levels of duty to be imposed and gives rise to an opportunity for the State to circumvent anti-dumping measures by channelling through the exporter with the lowest duty, the Commission has come to the conclusion that departures from the general rule whereby a single anti-dumping duty is established for State-trading countries should be made only where it is comple- tely satisfied that the effectiveness of the measures is not undermined. In the provisional Regulation, the facts established for Hanny Magnetics (Zuhai) Ltd during the Commission’s investigation demonstrated that this company is free of government intrusion in the