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

( 2 ) OJ NO L 133 , 20 . 5 . 1981 , P . 17 .

( 1 ) OJ NO L 134 , 31 . 5 . 1980 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 2664/81

OF 14 SEPTEMBER 1981

IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON IMPORTS OF CERTAIN TEXTURED POLYESTER FABRICS ORIGINATING IN THE UNITED STATES OF AMERICA

THE COUNCIL 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 ARTICLE 12 THEREOF ,

HAVING REGARD TO THE PROPOSAL OF THE COMMISSION SUBMITTED AFTER CONSULTATION WITHIN THE ADVISORY COMMITTEE SET UP UNDER ARTICLE 6 OF THE SAID REGULATION ,

WHEREAS , BY REGULATION ( EEC ) NO 1337/81 ( 2 ), THE COMMISSION IMPOSED A PROVISIONAL ANTI-DUMPING DUTY OF 38 % ON IMPORTS OF CERTAIN TEXTURED POLYESTER FABRICS ORIGINATING IN THE UNITED STATES OF AMERICA ; WHEREAS THE DUTY WAS , HOWEVER , LIMITED TO 30.8 % ON IMPORTS OF PRODUCTS MANUFACTURED AND EXPORTED BY FRANK IX AND SONS , NEW YORK , AND TO 3.9 % ON THOSE WHICH ARE MANUFACTURED AND EXPORTED BY TEXFI INDUSRIES INC ., GREENSBORO , NORTH CAROLINA ; BURLINGTON INDUSTRIES INC ., GREENSBORO , NORTH CAROLINA ; BLOOMSBURG MILLS INC ., NEW YORK , WHICH ALSO MARKETS UNDER THE NAME OF PENN WEAVING , AND FINALLY MILLIKEN AND CO ., SPARTANBURG , SOUTH CAROLINA ; WHEREAS THE DUTY DOES NOT APPLY TO IMPORTS OF LIKE PRODUCTS MANUFACTURED AND EXPORTED BY GREENWOOD MILLS INC ., GREENWOOD , SOUTH CAROLINA ;

WHEREAS , AFTER THE COMMISSION HAD IMPOSED THE PROVISIONAL ANTI-DUMPING DUTY , A NUMBER OF EXPORTERS , I.E . MILLIKEN AND CO ., J . P . STEVENS AND CO . INC ., TEXFI INDUSTRIES INC . AND BURLINGTON INDUSTRIES INC ., WERE , AT THEIR REQUEST , INFORMED ORALLY OR IN WRITING OF THE PRINCIPAL FACTS AND CONSIDERATIONS ON THE BASIS OF WHICH IT WAS INTENDED TO RECOMMEND A DEFINITIVE DECISION ; WHEREAS CERTAIN EXPORTERS , I.E . TEXFI INDUSTRIES INC ., BURLINGTON INDUSTRIES INC . AND BLOOMSBURG MILLS INC . - PENN WEAVING MADE THEIR VIEWS KNOWN ;

WHEREAS THE PARTICULARS SUPPLIED TO THE COMMISSION , WITH THE EXCEPTION OF THOSE PROVIDED BY BURLINGTON INDUSTRIES INC . AND TEXFI INDUSTRIES INC ., ARE NEVERTHELESS NOT SUCH AS TO JUSTIFY ALTERATIONS OF THE AVERAGE WEIGHTED DUMPING MARGINS ESTABLISHED AT THE PROVISIONAL DETERMINATION ; WHEREAS SUCH MARGINS , WITH THE EXCEPTION OF THOSE RELATING TO BURLINGTON INDUSTRIES INC . AND TEXFI INDUSTRIES INC ., ARE THEREFORE TO BE REGARDED AS DEFINITIVE ;

WHEREAS THE INFORMATION SUPPLIED BY BURLINGTON INDUSTRIES INC . INDICATES , HOWEVER , THAT FOLLOWING AN INCORRECT ASSESSMENT OF CERTAIN TRANSPORT COSTS AND GENERAL OVERHEADS BORNE BY BURLINGTON ( IRELAND ) LTD , THE WEIGHTED AVERAGE DUMPING MARGIN ESTABLISHED FOR THAT COMPANY WHEN THE PROVISIONAL DUTY WAS DETERMINED SHOULD BE REDUCED AND THAT THE MARGIN TO BE REGARDED AS DEFINITIVE IS 0.64 % ; WHEREAS , HOWEVER , FRESH PARTICULARS SUPPLIED BY TEXFI INDUSTRIES INC . INDICATE THAT THE NORMAL VALUE OF THAT COMPANY ' S EXPORTS WAS OVERESTIMATED AND THAT ACCORDINGLY THE DUMPING MARGIN TO BE REGARDED AS DEFINITIVE IS 0.61 % ;

WHEREAS A FURTHER EXPORTER , HOW INDUSTRIES LTD , ABERDEEN , NORTH CAROLINA , WHICH HAD NOT MADE ITSELF KNOWN BEFORE THE PROVISIONAL ANTI-DUMPING DUTY WAS IMPOSED , HAS ASKED THE COMMISSION TO BE EXEMPTED FROM THE DUTY ON THE GROUNDS THAT ITS EXPORTS TO THE COMMUNITY HAD NOT BEEN DUMPED ;

WHEREAS , IN ORDER TO ESTABLISH WHETHER THAT COMPANY HAD PRACTISED DUMPING , THE COMMISSION RECEIVED FROM IT ALL THE NECESSARY INFORMATION ; WHEREAS THE INVESTIGATION SHOWED THAT THE AVERAGE PRICES FOR TEXTURED POLYESTER FABRICS SOLD BY THE MANUFACTURER IN QUESTION ON THE DOMESTIC MARKET HAD BEEN LESS , OVER THE PERIOD COVERED BY THE INVESTIGATION I.E . THE 1980 CALENDAR YEAR , THAN THE FIXED AND VARIABLE COSTS ORDINARILY INCURRED IN THE COURSE OF THEIR PRODUCTION ; WHEREAS THE NORMAL VALUE WAS THEREFORE CONSTRUCTED BY THE ADJUSTMENT OF PRICES BELOW COST OF PRODUCTION , IN ORDER TO ELIMINATE LOSSES AND PROVIDE FOR A REASONABLE PROFIT ; WHEREAS THE COMMISSION CONSIDERED THAT THE FIGURE OF 5 % CHOSEN AT THE PROVISIONAL DETERMINATION COULD BE REGARDED AS A REASONABLE PROFIT ;

WHEREAS THE COMMISSION COMPARED THE NORMAL VALUE THUS ESTABLISHED TO THE PRICES ACTUALLY PAID FOR THE LIKE PRODUCTS SOLD FOR EXPORT TO THE COMMUNITY OVER THE SAME REFERENCE PERIOD ; WHEREAS THESE COMPARISONS WERE CARRIED OUT AT THE EX-FACTORY LEVEL ; WHEREAS THESE EXPORT PRICES WERE ADJUSTED WHERE NECESSARY , TO TAKE ACCOUNT OF THE PHYSICAL CHARACTERISTICS OF THE PRODUCT SUCH AS YARN AND FINISH , AND CONDITIONS AND TERMS OF SALE ;

WHEREAS THE INVESTIGATION CONCERNING HOW INDUSTRIES LTD REVEAL THAT THE COMPANY ' S PRICES FOR EXPORTS TO THE COMMUNITY WERE LOWER THAN THE NORMAL VALUE AND THAT THE AVERAGE DUMPING MARGIN IS 3.9 % ; WHEREAS THIS EXPORTER WAS INFORMED OF THE PRINCIPAL FACTS AND CONSIDERATIONS ON THE BASIS OF WHICH IT WAS INTENDED TO RECOMMEND A DEFINITIVE DECISION ;

WHEREAS , SINCE IT ADOPTED REGULATION ( EEC ) NO 1337/81 , THE COMMISSION HAS NOT RECEIVED ANY INFORMATION CONCERNING INJURY TO COMMUNITY PRODUCTION WHICH COULD LEAD IT TO REVISE ITS CONCLUSIONS ON THAT SUBJECT AS SET OUT IN THAT REGULATION ; WHEREAS THE COMMISSION HAS THEREFORE CONCLUDED DEFINITIVELY THAT THE DUMPED IMPORTS HAVE CAUSED MATERIAL INJURY TO THE COMMUNITY INDUSTRY CONCERNED ;

WHEREAS , IN THESE CIRCUMSTANCES , THE PROTECTION OF THE COMMUNITY ' S INTERESTS REQUIRES THAT A DEFINITIVE ANTI-DUMPING DUTY BE IMPOSED ON IMPORTS OF CERTAIN TEXTURED POLYESTER FABRICS ORIGINATING IN THE UNITED STATES OF AMERICA ; WHEREAS , IN VIEW OF THE MATERIAL INJURY CAUSED , THE RATE OF DUTY SHOULD CORRESPOND TO THE DUMPING MARGINS ESTABLISHED ; WHEREAS , HOWEVER , AS THE DUMPING MARGINS IN THE CASE OF EXPORTS FROM GREENWOOD MILLS INC ., TEXFI INDUSTRIES INC . AND BURLINGTON INDUSTRIES INC ., ARE DE MINIMIS , IMPORTS OF CERTAIN POLYESTER FABRICS MANUFACTURED AND EXPORTED BY THESE UNDERTAKINGS SHOULD BE EXEMPT FROM THE DEFINITIVE DUTY ;

WHEREAS , FOR THE SAME REASONS AS OUTLINED IN THE PRECEDING PARAGRAPH , THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY SHOULD BE DEFINITIVELY COLLECTED , WITH THE EXCEPTION OF THOSE RELATING TO IMPORTS FROM TEXFI INDUSTRIES INC . AND BURLINGTON INDUSTRIES INC . WHICH SHOULD BE RELEASED ; WHEREAS , HOWEVER , IN RESPECT OF THE IMPORTS OF GOODS MANUFACTURED AND EXPORTED BY HOW INDUSTRIES LTD THE AMOUNT COLLECTED SHOULD NOT EXCEED THAT CORRESPONDING TO THE DEFINITIVE DUTY , THAT IS , 10.2 % OF THE AMOUNT SECURED BY WAY OF PROVISIONAL DUTY ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . A DEFINITIVE ANTI-DUMPING DUTY IS HEREBY IMPOSED ON IMPORTS OF WOVEN FABRICS CONSISTING WHOLLY OF YARN OF TEXTILE FIBRES OF TEXTURED POLYESTER WEIGHING NOT LESS THAN 175 G/M2 AND NOT MORE THAN 200 G/M2 FOR UNBLEACHED FABRICS AND NOT LESS THAN 200 G/M2 AND NOT MORE THAN 225 G/M2 FOR DYED FABRICS FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING EX 51.04 A IV AND CORRESPONDING TO NIMEXE CODES EX 51.04-21 AND 25 , ORIGINATING IN THE UNITED STATES OF AMERICA . THIS DUTY SHALL NOT APPLY TO IMPORTS OF PRODUCTS DESCRIBED ABOVE WHICH ARE MANUFACTURED AND EXPORTED BY GREENWOOD MILLS INC ., GREENWOOD , SOUTH CAROLINA , TEXFI INDUSTRIES INC ., GREENSBORO , NORTH CAROLINA AND BURLINGTON INDUSTRIES INC ., GREENSBORO , NORTH CAROLINA .

2 . SUBJECT TO PARAGRAPH 3 , THE RATE OF THE DEFINITIVE ANTI-DUMPING DUTY SHALL BE 38 % .

3 . THE RATE OF THE DEFINITIVE ANTI-DUMPING DUTY APPLICABLE TO IMPORTS OF PRODUCTS DESCRIBED IN PARAGRAPH 1 MANUFACTURED AND EXPORTED BY FRANK IX AND SONS , NEW YORK , SHALL BE 30.8 % ; THE RATE FOR IMPORTS OF LIKE PRODUCTS MANUFACTURED AND EXPORTED BY BLOOMSBURG MILLS INC . - PENN WEAVING , NEW YORK ; MILLIKEN AND CO ., SPARTANBURG , SOUTH CAROLINA AND HOW INDUSTRIES LTD , ABERDEEN , NORTH CAROLINA SHALL BE 3.9 % .

4 . THE DUTY INDICATED IN PARAGRAPHS 2 AND 3 SHALL BE CALCULATED ON THE BASIS OF VALUE FOR CUSTOMS PURPOSES DETERMINED IN ACCORDANCE WITH COUNCIL REGULATION ( EEC ) NO 1224/80 OF 28 MAY 1980 ON THE VALUATION OF GOODS FOR CUSTOMS PURPOSES ( 1 ).

5 . THE PROVISIONS IN FORCE CONCERNING CUSTOMS DUTIES SHALL APPLY TO THE DEFINITIVE ANTI-DUMPING DUTY .

ARTICLE 2

1 . SUBJECT TO PARAGRAPH 2 , THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY UNDER REGULATION ( EEC ) NO 1337/81 SHALL BE DEFINITIVELY COLLECTED , WITH THE EXCEPTION OF THOSE RELATING TO IMPORTS OF PRODUCTS MANUFACTURED AND EXPORTED BY TEXFI INDUSTRIES INC . AND BURLINGTON INDUSTRIES INC ., WHICH SHALL BE RELEASED IN FULL .

2 . A SUM OF 10.2 % OF THE AMOUNT SECURED BY WAY OF PROVISIONAL DUTY ON IMPORTS OF PRODUCTS MANUFACTURED AND EXPORTED BY HOW INDUSTRIES LTD SHALL BE DEFINITIVELY COLLECTED AND THE BALANCE THEREOF RELEASED .

ARTICLE 3

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF 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 , 14 SEPTEMBER 1981 .

FOR THE COUNCIL

THE PRESIDENT

CARRINGTON