4. 11. 94 Official Journal of the European Communities No L 285/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2674/94 of 31 October 1994 imposing a definitive anti-dumping duty on imports of furazolidone originating in the People’s Republic of China and collecting definitively the provisional duty imposed ' ‘ THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European 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 proposal submitted by the Commis- sion after consultation within the Advisory Committee, Whereas : A. PROVISIONAL MEASURES (1)  The  Commission, by  Regulation (EC) No 1648/94 (%), hereafter referred to as the ‘provisi- onal Regulation’, imposed a provisional anti- dumping duty on imports into the Community of furazolidone originating in the People’s Republic of China and falling within CN Code 2934 90 40. B. SUBSEQUENT PROCEDURE (2)  Subsequent to the imposition of the provisional anti-dumping duty, the interested parties who so requested were granted an opportunity to be heard by the Commission. They also made written submissions -making known their views on the findings. (3y  Upon request, parties were informed of the essen- tial facts and considerations on the basis of which it was intended to recommend the imposition of definitive duties and the definitive collection of (") OJ No L 209, 2. 8. 1988, p. 1. Regulation as last amended by * Regulation (EC) No 522/94 (O] No L 66, 10. 3. 1994, p. 10). () OJ No L 174, 8. 7. 1994, p. 4. “) ) 6 amounts secured by way of a provisional duty. They were also granted a period within which to make representations subsequent to the disclosure. The oral and written comments submitted by the parties were considered and, where appropriate, the Commission’s findings were modified to take account of them. C. PRODUCT UNDER CONSIDERATION, LIKE PRODUCT AND COMMUNITY INDUSTRY As no further arguments have been presented regarding the product under consideration, the like product and the Community industry, the findings set out in recitals 7 to 10 of the provisional Regula- tion are confirmed. D. DUMPING I. Analogue country Following publication of the provisional Regula- tion, the Chinese exporters claimed that the selec- tion of India as an analogue country was inappro- priate for the following reasons : — the high customs duty payable in India on imports of both the product concerned and on raw materials used in its manufacture, constitute an insurmountable barrier to the existence of normal competition in India for furazolidone ; — there was no reasonable competition on the market in India as it was highly protected and monopolized by one Indian producer; — the sole producer in India on which the normal value was based was inefficient and has, since the investigation period, ceased production of the product concerned. To furthermore use a profit of 9 % in constructing normal value for such a company was inappropriate.