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

( 2 ) OJ NO L 358 , 31 . 12 . 1980 , P . 91 .

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

COUNCIL REGULATION ( EEC ) NO 3198/81

OF 9 NOVEMBER 1981

AMENDING REGULATION ( EEC ) NO 3439/80 IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON IMPORTS OF CERTAIN POLYESTER YARN 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 ARTICLES 11 AND 14 THEREOF ,

HAVING REGARD TO THE PROPOSAL SUBMITTED BY THE COMMISSION , AFTER CONSULTATIONS WITHIN THE ADVISORY COMMITTEE SET UP UNDER ARTICLE 6 OF REGULATION ( EEC ) NO 3017/79 ,

WHEREAS , FOLLOWING THE PUBLICATION OF COUNCIL REGULATION ( EEC ) NO 3439/80 OF 22 DECEMBER 1980 IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON IMPORTS OF CERTAIN POLYESTER YARN ORIGINATING IN THE UNITED STATES OF AMERICA ( 2 ), EXPORTERS OF YARN SPECIFICALLY MANUFACTURED FOR THE WOVEN LABEL TRADE AND SYNTHETIC ABSORBABLE SURGICAL SUTURES AND IMPORTERS OF UNFINISHED SEWING THREAD MADE REPRESENTATIONS TO THE COMMISSION CLAIMING THAT THE ANTI-DUMPING DUTY WAS WRONGLY LEVIED ON IMPORTS FROM THE UNITED STATES OF AMERICA ;

WHEREAS , SALES OF SUCH PRODUCTS IN THE COMMUNITY ARE NEVERTHELESS SUBJECT TO THE DEFINITIVE 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 YARN FOR THE WOVEN LABEL TRADE WHICH IS TWISTED , AUTOCLAVED AND WOUND ON CONES OR TO SYNTHETIC ABSORBABLE SURGICAL SUTURES OR TO UNFINISHED SEWING THREAD ;

WHEREAS YARN FOR THE WOVEN LABEL TRADE , SYNTHETIC ABSORBABLE SURGICAL SUTURES AND UNFINISHED SEWING THREAD SHOULD NOT THEREFORE BE SUBJECT EITHER TO THE PROVISIONAL ANTI-DUMPING DUTY IMPOSED BY REGULATION ( EEC ) NO 2297/80 ( 3 ) OR TO THE DEFINITIVE ANTI-DUMPING DUTY IMPOSED UNDER REGULATION ( EEC ) NO 3439/80 ; WHEREAS IT IS APPROPRIATE , THEREFORE , TO REVOKE THESE MEASURES IN SO FAR AS THE ABOVE PRODUCTS ARE CONCERNED AND TO PROVIDE FOR THE REFUND OF ANY DUTY DEFINITIVELY LEVIED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE PROVISIONAL ANTI-DUMPING DUTY IMPOSED UNDER REGULATION ( EEC ) NO 2297/80 AND THE DEFINITIVE ANTI-DUMPING DUTY IMPOSED UNDER REGULATION ( EEC ) NO 3439/80 ON IMPORTS OF NON-TEXTURED POLYESTER YARN , FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING EX 51.01 A AND CORRESPONDING TO NIMEXE CODES 51.01-25 , 26 AND 28 SHALL NOT APPLY TO :

( A ) POLYESTER FILAMENT YARN , TWISTED , AUTOCLAVED AND WOUND ON CONES FOR THE MANUFACTURE OF WOVEN LABELS ;

( B ) SYNTHETIC ABSORBABLE SURGICAL DEVICES OF POLYDIOXANONE ; AND

( C ) SINGLE UNTWISTED SYNTHETIC YARN ( MONOFILAMENT ) WITH A CROSS SECTIONAL DIMENSION NOT EXCEEDING 1 MM AND A LENGTH OF BETWEEN 15 AND 150 CM , NON STERILE , VACUUM PACKED FOR THE MANUFACTURE OF SURGICAL SUTURES .

ARTICLE 2

THE AMOUNT OF ANY ANTI-DUMPING DUTY COLLECTED ON IMPORTS OF THE ABOVE PRODUCTS PRIOR TO THE ENTRY INTO FORCE OF THIS REGULATION SHALL BE REFUNDED .

ARTICLE 3

ARTICLE 3 ( C ) OF REGULATION ( EEC ) NO 3439/80 SHALL BE REPLACED BY THE FOLLOWING :

' ( C ) SEWING THREAD COMPOSED OF MULTIPLE OR CABLED YARN , FINISHED OR UNFINISHED , OF A ' CORE YARN ' TYPE AND WITH A FINAL ' Z ' TWIST . ' CORE YARN ' IS A SEWING YARN COMPOSED OF SEVERAL THREADS TWISTED TOGETHER , EACH THREAD BEING MADE UP OF A CORE OF CONTINUOUS SYNTHETIC FIBRE ; COATED WITH DISCONTINUOUS NATURAL , SYNTHETIC OR REGENERATED TEXTILE FIBRE . '

ARTICLE 4

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 , 9 NOVEMBER 1981 .

FOR THE COUNCIL

THE PRESIDENT

K . BAKER