14.11.98 Official Journal of the European Communities L 304/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2450/98 of 13 November 1998 imposing a definitive countervailing duty on imports of stainless steel bars originating in India 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 (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community ('), and in particular Article 15 thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES (1) By Commission Regulation (EC) No 1556/98 () (hereinafter referred to as ‘the provisional duty Regulation’) provisional countervailing duties were imposed on imports into the Community of stain- less steel bars (hereinafter referred to as ‘SSB’ or ‘the product concerned’) falling within CN codes 722220 11, 7222 20 21, 7222 20 31 and 7222 20 81 originating in India. The measures took the form of ad valorem duties varying between 0 and 25,0 % with a residual duty of 25,0 %. (20 Pursuant to Article 12(1) of Regulation (EC) No 2026/97 (hereinafter referred to as the ‘basic Regu- lation’), provisional anti-dumping duties originally imposed by Commission Regulation (EC) No 1084/98 (°) were reduced by the provisional duty Regulation. This amendment of the anti-dumping duties was necessary in order to avoid that the product would be subject to both anti-dumping and countervailing duties for the purpose of dealing with one and the same situation arising from dumping or from export subsidisation. () OJ L 288, 21. 10. 1997, p. 1. @) O] L 202, 18. 7. 1998, p. 40. () OJ L 155, 29. 5. 1998, p. 3. B. SUBSEQUENT PROCEDURE Following the adoption of the Regulation imposing provisional duties, several interested parties submitted comments in writing. The parties who so requested were granted an opportunity to be heard by the Commission. The Commission continued to seek and verify all information it deemed necessary for its definitive findings. Parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of a defini- tive countervailing duty and the definitive collec- tion of amounts secured by way of the provisional duty. They were also granted a period to make representations subsequent to this disclosure. The oral and written comments submitted by the interested parties were considered, and, where appropriate, definitive findings were changed accordingly. C. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT The product concerned by the investigation is stainless steel bars and rods, not further worked than cold-formed or cold-finished, containing by weight 2,5 % or more of nickel, of circular cross- section as well as of other cross sections. Following the adoption of the Regulation imposing provisional duties, some Indian exporting produ- cers argued that the products exported to the Community and those sold on the domestic market in India were not comparable, for instance in terms of chemical characteristics, and consequently could not be considered to be a like product.