7.11.98 Official Journal of the European Communities L 298/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2402/98 of 3 November 1998 imposing a definitive anti-dumping duty on imports of unwrought unalloyed magnesium originating in the People’s Republic of China and definitively collecting the provisional duty imposed 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 Communi- ties ('), and in particular Article 9(4) thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES (1) The Commission, by Regulation (EC) No 1002/ 98 (®) (hereinafter referred to as ‘the Provisional Regulation’), imposed a provisional anti-dumping duty on imports into the Community of unwrought pure magnesium originating in the People’s Republic of China and falling within CN codes 81041100 and ex 81041900 (TARIC code 8104 19 00710). B. SUBSEQUENT PROCEDURE )] Further to the imposition of the provisional meas- ures, the exporters and the complainant made written representations. Those parties who so requested were granted an opportunity to be heard by the Commission. (3) Parties were informed of the essential facts and considerations on the basis of which it was in- tended to recommend the imposition of definitive duties and the definitive collection of amounts secured by way of the provisional duty. They were also granted a reasonable period within which to make representations subsequent to the disclosure. (") OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98 (O] L 128, 30. 4. 1998, p. 18). () OJ L 142, 14. 5. 1998, p. 24. The parties’ comments were considered, and the conclusions altered where deemed appropriate. C. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT The product under consideration is unwrought unalloyed magnesium. Unwrought magnesium is available as either pure, i.e. unalloyed, magnesium containing minor quantities of impurities or as alloyed magnesium with alloying elements such as aluminium and zinc added. Article 1(1)(b) of the Provisional Regulation made it clear that alloyed magnesium defined as mag- nesium ‘containing more than 3 % by weight of intentionally added alloying elements such as aluminium and zinc’ was not covered by the provi- sional measures. The objective of this provision was to limit the effect of the measures to the product covered by the investigation, i.e. unwrought pure magnesium, while avoiding circumvention of the measures. However, it has become clear that major sectors of users of unwrought pure magnesium (e.g. the aluminium industry) can in fact use magnesium falling into the above definition of alloyed mag- nesium. There is a risk, therefore, that circumven- tion of the measures would take place through the importation of artificially created magnesium alloys containing more than 3 % of alloying elements, which would nevertheless be used as pure mag- nesium. Such ‘alloys’ would not correspond to pre- viously established industrial standards and could not be used for any application for which alloyed magnesium is typically required. Indeed, evidence in the form of offers was received which showed that Chinese parties are already contemplating this type of circumvention.