27. 1. 96 Official Journal of the European Communities No L 21/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 137/96 of 22 January 1996 imposing a definitive anti-dumping duty on imports of refractory chamottes 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 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Com- munity (*), and in particular Article 23 thereof, Having regard to Council Regulation (EC) No 2423/88 of 11 July 1988 against dumped or subsidized imports from countries not members of the European Economic Community (%), and in particular Article 12 thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas : PROVISIONAL MEASURES (1) By Regulation (EC) No 1878/95 (*) (hereinafter ‘the provisional duty Regulation’), the Commission imposed a provisional anti-dumping duty on imports into the Community of refractory chamottes (hereinafter ‘chamottes’ or ‘product concerned’) originating in the People’s of Republic of China, falling within CN codes ex 2507 and ex 2508. {2 By Regulation (EC) No 2735/95 (%), the Council extended the validity of these duties for a period of two months. SUBSEQUENT PROCEDURE (3)  Following the imposition of the provisional anti- dumping duty, Argiles & Minéraux AGS, the complainant Community producer, and two (") OJ No L 349, 31. 12. 1994, KI 1. Regulation as last amended by Council Regulation (EC) No 1251/95, OJ No L 122, 2. 6. 1995, p. 1. (3 OJ No L 209, 2. 8. 1988, p. 1. Regulation as last amended by Council Regulation (EC) No 522/94, O] No L 66, 10. 3. 1994, . 10. ® ?3] No L 179, 29. 7. 1995, p. S6. () OJ No L 285, 29. 11. 1995, p. 1. “) ) ©® companies of the Community user industry made their views know in writing. A company of the user industry requested and was granted a hearing by the Commission. 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 a definitive anti-dumping duty and the collection of amounts secured by way of the provisional duty. The parties were also granted a reasonable period within which to make representations subsequent to the disclosures. The parties’ comments were considered and, where appropriate, taken into account. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT After publication of the provisional duty Regula- tion, a company of the Community refractory industry (user industry) raised the argument that Chinese chamottes, though comparable with the product concerned produced by the main Commu- nity producer or a large producer in the United States (which was chosen as the ‘analogue country’ for the determination of normal value, see recitals 11-14 of the provisional duty Regulation) in terms of its chemical characteristics, could not be compared with these products as to the end-use because of the inferior calcination of Chinese chamottes. The company has supported its argu- ments by pointing to the allegedly inferior quality of refractory products made from Chinese chamottes when burned at high temperatures, i.e. at temperatures of 1450 °C and above. In order to substantiate this allegation, the company submitted