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"B COUNCIL REGULATION (EC) No 1001/97
of 2 June 1997
imposing a definitive anti-dumping duty on imports of polyester textured filament yarn originating in Malaysia
and collecting definitively the provisional duty imposed
(OJ L 145, 5.6.1997, p. 1)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EC) No 1992/2000 of 18 September 2000 L 238 1 22.9.20001997R1001 — EN — 23.09.2000 — 001.001 — 1
COUNCIL REGULATION (EC) No 1001/97
of 2 June 1997
imposing a definitive anti-dumping duty on imports of polyester textured
filament yarn originating in Malaysia 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 384/96 of 22 December 1995
on protection against dumped imports from countries not members of theEuropean Community (
1) (hereinafter referred to as ‘the Basic Regulation’),
and in particular Article 9 thereof,
Having regard to the proposal submitted by the Commission after consulting
the Advisory Committee,
Whereas:
A. Provisional measures
(1) By Regulation (EC) No 53/97 (2) (hereinafter referred to as ‘the
provisional duty Regulation’), the Commission imposed a provisional
anti-dumping duty on imports into the Community of polyester
textured filament yarn (hereinafter referred to as ‘PTY’) originating inMalaysia, falling with CN codes 5402 33 10 and 5402 33 90.
B. Subsequent procedure
(2) Following the imposition of the provisional anti-dumping duty, all
interested parties received disclosure in writing concerning the
essential facts and considerations on the basis of which provisional
measures had been imposed.
At the same time, all other parties known to be concerned by this
proceeding were informed of the imposition of the provisional
measures.
(3) The provisional duty Regulation also set a time limit, within which the
parties concerned could make known their views in writing and applyto be heard orally by the Commission.
(4) However, no party made its views known or applied to be heard orally
by the Commission within the time limit set, nor were any other
comments received after that period.
C. Product under consideration and like product, dumping,
Community industry, injury, causation of injury and
Community interest
(5) As no further arguments have been advanced by any of the parties
concerned regarding the Commission’ s provisional findings on the
product under consideration, on the like product, on dumping,Community industry, injury, causation of injury and Community
interest, the findings, as set out in recitals (7) to (72) of the provisional
duty Regulation, are confirmed by the Council.
D. Definitive duty
(6) For the purpose of establishing the level of the definitive duty to be
imposed, the Council took account of the dumping margins found andthe level of the duty necessary to remove the injury sustained by the
Community industry, on the basis of the methodology set out in
recitals (73) to (78) of the provisional duty Regulation.!B
(1) OJ No L 56, 6. 3. 1996, p. 1. Regulation as amended by Regulation (EC)
No 2331/96 (OJ No L 317, 6. 12. 1996, p. 1).
(2) OJ No L 13, 16. 1. 1997, p. 6.1997R1001 — EN — 23.09.2000 — 001.001 — 2
(7) Since the dumping margins were lower than the injury margins found,
it is confirmed that the level of the anti-dumping duty should be basedon the level of the dumping margins definitively established pursuantto Article 9 (4) of the Basic Regulation, i.e. 16,4 % for the cooperating
Malaysian exporter Hualon Corporation (M) Sdn. Bhd. and 32,5 % for
other, non-cooperating exporters/producers in Malaysia.
The Council confirms these levels and the form of the definitive
measures to be imposed.
E.Collection of the provisional duty
(8) In view of the dumping margins definitively established and the
substantial injury caused to the Community industry, the Council
considers that the amounts secured by way of the provisional
anti-dumping duties should be definitively collected at the level ofthe amounts of duties definitively imposed,
HAS ADOPTED THIS REGULATION:
Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of PTY
falling within CN code 5402 33 00 and originating in Malaysia.
2. The rate of the definitive anti-dumping duty applicable to the net,
free-at-Community-frontier price, before duty, shall be as follows:
Malaysia DutyTARIC additional code
Hualon Corporation (M) Sdn. Bhd.,Level 9, Wisma Goldhill,
67, Jalan Raja Chulan,50200 Kuala Lumpur, Malaysia3,2 % 8933
Others 32,5 % 8900
3. Unless otherwise specified, the provisions in force concerning customs
duties shall apply.
Article 2
The amounts secured by way of the provisional anti-dumping duties pursuant
to Regulation (EC) No 53/97 shall be definitively collected at the rate of theduties definitively imposed.
Article 3
This Regulation shall enter into force on the day following its publication in
theOfficial Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
!M1
!B1997R1001 — EN — 23.09.2000 — 001.001 — 3