14.9.2006 Official Journal of the European Union L 251/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1338/2006 of 8 September 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of chamois leather originating in the People’s Republic of China THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, 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, (the basic Regulation) and in particular Article 9 thereof, Having regard to the proposal from the Commission after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES (1) On 16 March 2006, the Commission, by Regulation (EC) No 439/2006 (3 (the provisional Regulation), imposed a provisional anti-dumping duty on imports into the Community of chamois leather originating in the People’s Republic of China (the PRC). B. SUBSEQUENT PROCEDURE (2) Following the disclosure of the essential facts and considerations on the basis of which it was decided to impose the said provisional anti-dumping measures, several interested parties made written submissions containing their views on the provisional findings. No parties requested to be heard. (3) A Chinese exporting producer and an importer which had not made themselves known to the Commission before the imposition of provisional measures, protested against the imposition of definitive anti-dumping duties, without substantiating any arguments that would put into question the facts and considerations on the basis of which provisional measures were imposed. These companies were in any case informed that, since they had come forward only at a very late stage of the investigation, they could not be considered as cooperating parties. () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (O] L 340, 23.12.2005, p. 17). ® OJL 80,17.3.2006, p. 7. (4) The Chinese trading company referred to in recital 25 of the provisional Regulation reiterated its claim that it should qualify for an individual determination of dumping. This company had already been informed before the imposition of provisional measures that individual determination can only be made for exporting producers and not for traders. The claim was therefore rejected. All parties were informed of the essential facts and considerations, on the basis of which it was intended to recommend the imposition of a definitive anti-dumping duty on imports of chamois leather originating in the PRC and the definitive collection of the amounts secured by way of the provisional duty. They were also granted a period within which to make representations subsequent to the disclosure of the essential facts and considerations. Comments submitted by interested parties were duly considered and, where appropriate, the findings have been modified accordingly. C. PRODUCT CONCERNED AND LIKE PRODUCT Concerning the production process as described in recital 13 of the provisional Regulation, it is hereby clarified that the grain surface is removed from the skins, which are then tanned using solely fish or other animal oil in the case of chamois leather, or partially tanned with aldehydes or other tanning agents and then with fish or other animal oil in the case of combination of chamois leather. Moreover, in order to clarify the reference made to crust chamois leather and combination of crust chamois leather in recital 14 of the provisional Regulation, the product concerned must be defined as chamois leather, or combination chamois leather, whether or not cut to shape, including crust chamois leather and combination crust chamois leather (chamois leather) originating in the PRC (the product concerned), currently classifiable within CN codes 4114 10 10 and 4114 10 90.