22.8.98 Official Journal of the European Communities L 236/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1821/98 of 29 July 1998 imposing a definitive anti-dumping duty on imports of certain magnetic disks (3,5 microdisks) originating in Indonesia and collecting definitively the provi- sional 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 Community ('), 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 502/98 (%) (hereinafter referred to as the Provisional Duty Regulation), imposed a provisional anti-dumping duty on imports into the Community of certain magnetic disks (3,5 microdisks) originating in Indonesia and falling within CN code ex 8523 20 90. B. Subsequent procedure ) No representations were received following publi- cation of the provisional measures. (3)  The parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of defin- itive duties and the collection of amounts secured (") 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 63, 4. 3. 1998, p. 4. by way of the provisional duty. They were also granted a reasonable period within which to make representations subsequent to this disclosure. C. Product under consideration and like product As no additional comments have been presented under these headings, the findings set out in reci- tals 9 to 12 of the Provisional Duty Regulation are confirmed. D. Dumping Following final disclosure, the Indonesian author- ities claimed that the exports of the product concerned were not of Indonesian origin and that the proceeding should therefore be terminated without adopting protective measures. However, no evidence was adduced to this effect. In this connection, the following should be noted. The investigation showed that the Indonesian exports in question had been accompanied by pref- erential certificates of origin issued by the Indo- nesian authorities who took no steps to withdraw them subsequently. Furthermore, up to final disclo- sure, neither the exporting producer nor the Indo- nesian authorities raised this point. Both in the anti-circumvention investigation concerning this product, which was terminated in July 1996, and during the course of the verification visit carried out in the current investigation, it was established that the Indonesian exporter was a genuine producer of the product concerned. No evidence was found contradicting this finding. In the light of the above, the request made by the Indonesian authorities could not, therefore, be granted. No other arguments in respect of the findings on dumping were presented. The considerations and conclusions set out in recitals 14 to 19 of the Provisional Duty Regulation are therefore confirmed.