L 160/2 Official Journal of the European Communities 18.6.2002 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1050/2002 of 13 June 2002 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of recordable compact disks originating in Taiwan 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 ('), (here- inafter referred to as 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. PROVISIONAL MEASURES (1) The Commission, by Regulation (EC) No 2479/2001 (3), (hereinafter referred to as the provisional Regulation), imposed a provisional anti-dumping duty on imports of recordable compact disks (CD-Rs) falling within CN code ex 85239000 (TARIC code 852390 00*10) and originating in Taiwan. (2) It is recalled that the investigation of dumping and injury covered the period from 1 January 2000 to 31 December 2000 (hereinafter referred to as the invest- igation period or IP). The examination of trends relevant for the injury analysis covered the period from 1 January 1997 to the end of the IP (hereinafter referred to as the period considered). B. SUBSEQUENT PROCEDURE (3)  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 6(5) of the basic Regulation, the parties who so requested were granted an opportunity to be heard orally. (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regula- tion (EC) No 2238/2000 (O] L 257, 11.10.2000, p. 2). () O L 334, 18.12.2001, p. 8. (4) The Commission continued to seek and verify all infor- mation it deemed necessary for the establishment of 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 disclo- sure. The oral and written comments submitted by the inter- ested parties were considered and, where appropriate, the provisional findings have been modified accordingly. Following the adoption of provisional measures, two companies, Nan Ya Plastics Corporation, Taipei and Rimma International Inc., Taipei in Taiwan, applied for new exporting producer status and requested not to be treated differently from the companies that cooperated in the investigation. However, since sampling has been used in the investigation of dumping, a new exporters' review pursuant to Article 11(4) of the basic Regulation with the objective of determining individual dumping margins cannot be initiated in this proceeding. The examination of these requests together with the addi- tional evidence provided by these companies showed that only one of them, Nan Ya Plastics Corporation, fulfilled all the requirements of Article 11(4) of the basic Regulation, which would otherwise apply, i.e.: — that it did not export the product concerned to the Community during the IP, — that it is not related to any of the exporters or producers in Taiwan which are subject to the provi- sional anti-dumping measures, and — that it has actually exported the product concerned to the Community after the IP on which the meas- ures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community.