21. 10. 94 Official Journal of the European Communities No L 270/27 COUNCIL REGULATION (EC) No 2557/94 of 19 October 1994 imposing a definitive anti-dumping duty on imports of calcium metal originating in the People’s Republic of China and Russia 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 (EC) No 892/94 (%) hereinafter ' referred to as ‘the Provisional Regulation’, the Commission imposed provisional anti-dumping duties on duties of calcium metal falling within CN code 28052100 and originating in the People’s Republic of China and Russia. By Regulation (EC) No 1777/94 () 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, several interested parties submitted comments in writing. One exporter requested, and was granted, a hearing. (3)  The Commission continued to seek 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 defini- tive anti-dumping duties and the definitive collec- tion of the amounts secured by way of a provisional duty. They were also granted a period within which () 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 104, 23. 4. 1994, p. §. () OJ No L 184, 20. 7. 1994, p. 15. ) ©) O] % @) ©) to make subsequent to these disclosures. representations The parties’ comments were taken into considera- tion and the Commission’s conclusions altered accordingly where justified. Owing to the complexity of the case the investiga- tion could not be completed within the normal time limit of one year as provided for in Article 7 (9) (a) of Regulation (EEC) No 2423/88. C. PRODUCT UNDER CONSIDERATION, LIKE PRODUCT The product under consideration is calcium metal falling within CN code 2805 21 00. Following submissions by the largest single importer in the Community of the product under investigation, IPS, on the issue of like product and, in particular, the different processes by which calcium metal is produced in different parts of the world and the uses to which it may be put, the Commission further examined this issue. This examination confirmed that the product can be produced either by the aluminothermic process (i-e. the reduction of lime with aluminium) which is used by the Community producer and producers in the United States of America and Canada, or by electrolytic process (i.e. the igneous electrolysis of calcium followed by distillation) used by the Russian and Chinese producers. Calcium metal produced by either process referred to above has characteristics closely resembling each other, although there is a slightly higher level of purity in the product produced by electrolysis. This difference however, as explained in recitals (10) to (13), does not generally affect the uses to which calcium produced by both processes can be mainly put. The product can be available in various forms (size) ie. crowns, chunks, turnings or chips and, for certain uses (see recital (10)) be further processed into grains or granules, a process that, generally, does not change the basic nature of the product. Calcium metal is mainly used in the Community by the following industries :