5.3.2002 Official Journal of the European Communities L62/7 COUNCIL REGULATION (EC) No 408/2002 of 28 February 2002 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain zinc oxides originating 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 (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not Members of the European Community (!), and in particular Article 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES The Commission, by Regulation (EC) No 1827/2001 (3 (‘provisional Regulation’), imposed a provisional anti- dumping duty on imports of certain zinc oxides origin- ating in the People's Republic of China (PRC). In addition to the verification visits undertaken at the premises of exporting producers in the PRC, as mentioned in recital 7 of the provisional Regulation, it should be noted that verification visits were also carried out at the premises of a number of related export sales companies, namely: Guangxi Liuzhou Nonferrous Metals Smelting Import & Export Co. Ltd, Liuzhou, Rickeed Industries Ltd, Hong Kong, Yinli Import and Export Co. Ltd, Liuzhou, as well as at a related domestic company: Gredmann Guangzhou Ltd, Guangzhou. B. SUBSEQUENT PROCEDURE Subsequent to the disclosure of the essential facts and considerations on the basis of which it was decided to impose provisional anti-dumping measures, several interested parties submitted comments in writing. In accordance with the provisions of Article 20(1) of Regu- lation (EC) No 384/96 (basic Regulation’), all interested parties who requested a hearing were granted an oppor- tunity to be heard by the Commission. (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (O L 257, 11.10.2000, p. 2). () OJ L 248, 18.9.2001, p. 17. (4) The Commission continued to seek and verify all infor- mation deemed necessary for the definitive findings. All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties and the definitive collection of amounts secured by way of provisional duties. They were also granted a period within which they could make representations subsequent to this disclosure. The oral and written arguments submitted by the parties were considered and, where deemed appropriate, the findings have been changed accordingly. Having reviewed the provisional findings on the basis of the information gathered since then, it is concluded that the main findings as set out in the provisional Regula- tion are hereby confirmed. C. PRODUCT CONCERNED AND LIKE PRODUCT 1. Product concerned Subsequent to the publication of the provisional Regula- tion, a number of interested parties claimed that the definition of the product concerned was not correct. They argued that different grades of zinc oxide existed on the market, which, according to their purity, had different properties and applications. As a result, these various grades of zinc oxide could not be considered as a homogenous product. In addition, it was argued that there was insufficient interchangeability between the various grades of zinc oxide. Whilst it was accepted that higher purity grades could theoretically be used in all applications, the same could not be said of lower purity grades because of the level of impurities they contain. The fact that interchangeability may only be one-way due to different levels of purity between certain of the grades is not considered to be sufficient evidence in itself that the same grades constitute different products which should be treated separately for the purposes of the investigation. On the contrary, the fact that high purity grades can be used in all the various applications of zinc oxide demonstrates that all the grades can be considered as one product. If certain users accept a higher content of impurities this is mostly on the basis of price consid- erations.