21. 1. 95 Official Journal of the European Communities No L 15/11 COUNCIL REGULATION (EC) No 95/95 of 16 January 1995 imposing a definitive anti-dumping duty on imports of furfuraldehyde origina- ting 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 (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsi- dised 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 consultations within the Advisory Committee, Whereas : A. Provisional measures (1) By Regulation (EC) No 1783/94 (), hereinafter referred to as ‘the provisional Regulation’, the Commission imposed a provisional anti-dumping duty on imports of furfuraldehyde falling within the CN code 29321200 and originating in the People’s Republic of China. By Regulation (EC) No 2818/94 (*), the Council extended the validity of these duties for a period not exceeding two months. B. Subsequent procedure (2)  Subsequent to the imposition of the provisional anti-dumping duty, Sinochem, the main Chinese exporter submitted comments in writing and requested and was granted a hearing. One importer made its views known to the Commission in writing. In addition, an importer and processor of furfural- dehyde, which had not been taken into considera- tion for the imposition of the provisional duty because it started operating only at the beginning of 1994, submitted its written comments. Further- more it requested and was granted the opportunity to be heard orally. (3)  The oral and written comments submitted by the interested parties were considered by the Commis- sion services and taken into account where appro- priate. () OJ No L 209, 2. 8. 1988, p. 1. Regulation as last amended by Regulation (EC) No 522/94 (O] No L 66, 10. 3. 1994, p. 10). () OJ No L 186, 21. 7. 1994, p. 11. () OJ No L 298, 19. 11. 1994, p. 31. “) 4 (€) ) C. Product under consideration, like product and Community industry As no further arguments have been presented regarding the product under consideration, the like product and the Community industry, the findings set out in recitals 9 to 12 of the provisional Regula- tion are confirmed. D. Dumping 1. Normal value As the People’s Republic of China is a non-market economy country, the Commission based the deter- mination of normal value on domestic sales prices of two furfuraldehyde producers in a market economy country, in this case Argentina, pursuant to Article 2 (5) (a) (i) of Regulation (EEC) No 2423/88, hereinafter referred to as the basic Regulation. One importer argued that Argentina is inappro- priate as an analogue country because the volume of the Argentinian production of furfuraldehyde would be too small compared with the estimated world production and with Chinese production. By applying Article 2 (5) (a) of the basic Regulation and, in particular, by evaluating the representative- ness of the sales on which normal value is to be based, it is the practice of the Commission to compare the volumes exported to the Community by the country under investigation with the volume of sales on which normal value is based. In applying this principle, it has been found that Argentinian domestic sales represented more than 10 % of the Chinese exports to the Community, which can be regarded as sufficiently representative. The ratio between the production in the analogue country and the world production or the produc- tion in the country under investigation is not rele- vant in regard to the choice of the analogue country. The same importer argued that the production costs of furfuraldehyde in Argentina are higher than in other countries. This could be proved by the fact that Argentinian furfuraldehyde could only be exported to other South American countries, whose markets are protected by high duties, but which grant preferential treatment to Aladi (Latin American Integration Association) countries. It was