22. 10. 93 Official Journal of the European Communities No L 263/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 2887/93 of 20 October 1993 imposing a definitive anti-dumping duty on imports of certain electronic weighing scales originating in Singapore and the Republic of Korea 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 Commission proposal, submitted after consultation within the Advisory Committee as provided for under the above Regulation. Whereas, A. PROVISIONAL MEASURES (1) By Regulation (EEC) No 1103/93 () the Commis- sion imposed a provisional anti-dumping duty on imports into the Community of retail electronic weighing scales (hereinafter referred to as ‘REWS’ originating in Singapore and the Republic of Korea (hereinafter ‘Korea’) and falling within CN code 8423 81 50. The provisional anti-dumping duty was extended for a maximum perid of two months by Council Regulation (EEC) No 1967/93 (3). B. SUBSEQUENT PROCEDURE (2)  Following the imposition of the provisional anti- dumping duty, the cooperating Singaporean producer requested, and was granted, an opportu- nity to be heard by the Commission and made its views known in writing, as did two of the Korean producers concerned. () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 112, 6. 5. 1993, p. 20. () OJ No L 179, 22. 7. 1993, p. 1. 3 “ ¢ The Commission continued to seek and verify all information it deemed to be necessary for its defi- nitive findings. The parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposi- tion of definitive anti-dumping duties and the defi- nitive collection of the amounts secured by way of a provisional duty. They were also granted a period within which to make representations subsequent to these disclosures. Their representations were considered and, where appropriate, the Commis- sion’s findings were modified to take account of them. C. DUMPING I. Normal value For the purpose of definitive findings normal value was established on the basis of the same methods as those used in the provisional determination of dumping. Certain calculation adjustments were made on the basis of submissions by the parties. 2. Export prices One Korean producer which sold to its parent in Japan which in turn sold to its related company in the Community continued to contest the Commis- sion’s position that the export price was unreliable and should, therefore, be constructed in accordance with Article 2 (8) (b) of Regulation (EEC) No 2423/88. It argued that, in its case, the price of its related company in the Community to unrelated customers should be considered to be the price payable for the product sold for export to the Community, within the meaning of Article 2 (8) (a) of Regulation (EEC) No 2423/88, that the related company in the Community did not perform the functions of an importer and that the questionnaire addressed by the Commission to that company had thus received no reply.