12.10.2005 Official Journal of the European Union L 267/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1659/2005 of 6 October 2005 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain magnesia bricks 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 (!) (the basic Regulation), and in particular Article 9 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Provisional Measures (1) On 13 April 2005, the Commission imposed, by Regu- lation (EC) No 552/2005 (%) (the provisional Regulation), a provisional anti-dumping duty on imports into the Community of certain magnesia bricks originating in the People’s Republic of China (PRC). (2) It is recalled that the investigation period of dumping and injury (IP) covered the period from 1 April 2003 to 31 March 2004. The examination of trends relevant for the injury analysis covered the period from 1 January 2001 to the end of the IP (period considered). 2. Subsequent procedure (3)  Following the imposition of the provisional anti-dumping duty on imports of certain magnesia bricks from the PRC, some interested parties submitted comments in writing. The parties who so requested were also granted an opportunity to be heard orally. (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EQ) No 461/2004 (O] L 77, 13.3.2004, p. 12). (® OJ L 93, 12.4.2005, p. 6. 4 The Commission continued to seek and verify all infor- mation it deemed necessary for its definitive findings. The oral and written comments submitted by the parties were examined, and, where considered appropriate, the provi- sional findings were modified accordingly. After the imposition of provisional measures, on-spot verification visits were carried out at the premises of — Carboref GmbH, Germany (unrelated importer) — Duferco, S.A., Switzerland (unrelated importer) — Duferco La Louviére, Belgium (user) GmbH, — Refratechnik  Steel importer). Germany  (related The Commission further disclosed all the essential facts and considerations on the basis of which it intended to recommend the imposition of a definitive anti-dumping duty and the definitive collection of amounts secured by way of the provisional duty. The interested parties were also granted a period within which they could make representations subsequent to this disclosure. The oral and written comments submitted by the parties were considered and, where appropriate, taken into account for the definitive findings. B. PRODUCT CONCERNED AND LIKE PRODUCT It is recalled that, in recital 12 to the provisional Regu- lation, the product concerned was defined as chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80 % MgO, whether or not containing magnesite, originating in the PRC (the product concerned), normally declared within CN codes ex 681591 00, ex 681599 10. It was found in the further course of the investigation that CN code ex 681599 90 could also be legally used for imports of the product concerned.