No L 77/48 Official Journal of the European Communities 19. 3. 94 COUNCIL REGULATION (EC) No 621/94 of 17 March 1994 imposing a definitive anti-dumping duty on imports of ferro-silicon originating in South Africa and 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 (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), By Regulation (EEC) No 2581/93 (3, the Com- mission imposed provisional anti-dumping duties into the community of ferro-silicon on imports originating in South Africa and the People’s Repu- blic of China and falling within CN codes 7202 21 10, 7201 21 90 and ex 7202 29 00. By Regulation (EC) No 3371/93 (%), the Council extended the validity of these duties for a period not exceeding two months. B. SUBSEQUENT PROCEDURE (2)  Following the imposition of the provisional anti- dumping duty, one South African company requested and was granted an opportunity to be heard by the Commission and made its views known in writing. (3) The Commission continued to seek and verify all information it deemed necessary for its definitive findings. The parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of defi- nitive anti-dumping duties and the definitive collection of the amounts secured by way of a provisional duty. They were also granted a period (') 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 237, 22. 9. 1993, p. 2. () ©J No L 303, 10. 12. 1993, p. 1. ) ©®) Q) ) ® ®) (10) within which to make representations subsequent to these disclosures. C. DUMPING 1. Normal value For the purpose of definitive findings, normal value was established on the basis of the same methods as those used in the provisional determination of dumping. No new calculation adjustment was presented by the interested parties. 2. Export prices The method used to establish export prices, as set out in recitals 18 to 20 of Regulation (EEC) No 2581/93, is hereby confirmed, as no comments in this respect were made by interested parties. 3. Comparison The findings and conclusions set out in recital 21 of Regulation (EEC) No 2581/93 are hereby confirmed. 4. Dumping margins The definitive examination of the facts showed the existence of dumping in respect of imports of the product concerned originating in South Africa and the People’s Republic of China. The weighted average dumping margins definiti- vely established for each South African producer concerned and expressed as a percentage of the net, free-at-Community-frontier price of imports, not cleared through customs were as follows : — Highveld-Rand Carbide : — Samancor : ' 34,7 %, 47,4 %. The weighted average dumping margin definitively established for the People’s Republic of China and expressed as a percentage of the net, free-at- Community frontier price of imports, not cleared through customs was 49,7 %. D. INJURY Two South African producers questioned the Commission’s decision to cumulate imports from their companies with the other imports from South Africa and the People’s Republic of China,