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( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .

( 2 ) OJ NO L 231 , 2 . 9 . 1980 , P . 5 .

COMMISSION REGULATION ( EEC ) NO 2843/80

OF 30 OCTOBER 1980

AMENDING REGULATION ( EEC ) NO 2297/80 IMPOSING A PROVISIONAL ANTI-DUMPING DUTY ON IMPORTS OF CERTAIN POLYESTER YARN ORIGINATING IN THE UNITED STATES OF AMERICA

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLES 11 AND 14 THEREOF ,

AFTER CONSULTATION WITHIN THE ADVISORY COMMITTEE SET UP UNDER ARTICLE 6 OF REGULATION ( EEC ) NO 3017/79 ,

WHEREAS THE COMMISSION , HAVING RECEIVED A COMPLAINT CONTAINING EVIDENCE OF THE EXISTENCE OF DUMPING IN RESPECT OF CERTAIN POLYESTER YARN ORIGINATING IN THE UNITED STATES OF AMERICA AND OF MATERIAL INJURY RESULTING THEREFROM , ANNOUNCED THE INITIATION OF A PROCEEDING CONCERNING IMPORTS OF SUCH PRODUCTS INTO THE COMMUNITY AND CARRIED OUT A PRELIMINARY INVESTIGATION FOLLOWING WHICH , UNDER REGULATION ( EEC ) NO 2297/80 ( 2 ), IT IMPOSED A PROVISIONAL ANTI-DUMPING DUTY ON IMPORTS OF THE ABOVEMENTIONED PRODUCTS ;

WHEREAS , FOLLOWING THE PUBLICATION OF REGULATION ( EEC ) NO 2297/80 , SEVERAL COMMUNITY IMPORTERS OF CERTAIN SEWING THREAD MADE REPRESENTATIONS TO THE COMMISSION CLAIMING THAT THE ANTI-DUMPING DUTY WAS WRONGLY LEVIED ON THEIR IMPORTS FROM THE UNITED STATES OF AMERICA ;

WHEREAS , ACCORDING TO THESE IMPORTERS , DELIVERIES OF SUCH SUPPLIES INTO THE COMMUNITY CAUSE NO INJURY TO THE COMPLAINANT COMMUNITY PRODUCERS AND ARE SUBJECT TO THE PROVISIONAL ANTI-DUMPING DUTY FOR THE SIMPLE REASON THAT THEY FALL UNDER THE SAME NIMEXE CODE AS IMPORTS OF THE YARN WHICH IS REALLY THE OBJECT OF THE COMPLAINT ;

WHEREAS THE COMMISSION THEREFORE INVESTIGATED THE MATTER AND QUESTIONED THE COMPLAINANT PRODUCERS ;

WHEREAS THESE PRODUCERS CONFIRMED THAT , DESPITE THE REFERENCE IN THEIR COMPLAINT TO NIMEXE CODE 51.01-28 WHICH INCLUDES ALL NON-TEXTURED YARNS OF POLYESTER , MULTIPLE OR CABLED , THE COMPLAINT DOES NOT RELATE TO SEWING THREAD ;

WHEREAS IMPORTS OF CERTAIN SEWING THREAD SHOULD THEREFORE BE EXCLUDED FROM THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN POLYESTER YARN ORIGINATING IN THE UNITED STATES OF AMERICA AND , CONSEQUENTLY , SHOULD NOT BE SUBJECT TO THE PROVISIONAL ANTI-DUMPING DUTY IMPOSED UNDER REGULATION ( EEC ) NO 2297/80 ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THE PROVISIONAL ANTI-DUMPING DUTY IMPOSED , UNDER REGULATION ( EEC ) NO 2297/80 , ON IMPORTS OF NON-TEXTURED POLYESTER YARN , FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING EX 51.01 A AND CORRESPONDING TO NIMEXE CODE 51.01-28 , SHALL NOT APPLY TO IMPORTS OF SEWING THREAD COMPOSED OF MULTIPLE OR CABLED YARN WHICH IS :

( A ) PUT UP ON SUPPORTS ( REELS , TUBES , ETC .) OF A WEIGHT ( INCLUDING SUPPORT ) NOT EXCEEDING 1 000 GRAMS ; AND

( B ) DRESSED ; AND

( C ) HAS A FINAL ' Z ' TWIST .

2 . THE AMOUNTS PAID AS A DEPOSIT IN RESPECT OF THE PROVISIONAL DUTY IMPOSED , UNDER REGULATION ( EEC ) NO 2297/80 , ON IMPORTS OF SEWING THREAD , AS DEFINED IN PARAGRAPH 1 , SHALL BE RELEASED .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 30 OCTOBER 1980 .

FOR THE COMMISSION

WILHELM HAFERKAMP

VICE-PRESIDENT