Proposal for a COUNCIL REGULATION (EC) IMPOSING DEFINITIVE ANTI-DUMPING DUTIES ON IMPORTS OF POLYESTER TEXTURED FILAMENT YARN ORIGINATING IN INDONESIA AND THAILAND, TERMINATING THE PROCEEDING CONCERNING IMPORTS OF POLYESTER TEXTURED FILAMENT YARN ORIGINATING IN INDIA, AND COLLECTING DEFINITIVELY THE PROVISIONAL DUTIES IMPOSED
Date: 1996-10-21
Institutions: European Commission
Subjects: ASEAN countries, India, anti-dumping duty, man-made fibre, plastics

it 

it 

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels, 21.10 1996 
COM(96) 523  final 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

IMPOSING DEFINITIVE ANTI 

DUMPING DUTIES ON IMPORTS OF POLYESTER TEXTURED FILAMENT YARN 
ORIGINATING IN INDONESIA AND THAILAND, TERMINATING THE 
PROCEEDING  CONCERNING IMPORTS OF POLYESTER TEXTURED FILAMENT 
YARN ORIGINATING IN INDIA, AND COLLECTING DEFINITIVELY THE 
PROVISIONAL DUTIES IMPOSED 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

1. 

2. 

3. 

4. 

5. 

In  May  1996,  by  Regulation  (EC)  N°  940/96,  the  Commission  imposed  a 
provisional  anti-dumping  duty  on  imports  of  polyester  textured  filament  yarn 
(PTY)  originating  in  Indonesia  and  Thailand,  and  concluded  provisionally  that, 
due to its negligible market  share, no measures  should be imposed  on imports of 
the same product originating in India. 

By  Regulation  (EC)  N°  1370/96,  the  Council  extended  the  validity  of  the 
provisional Regulation for a period of two months until  1  December 1996. 

Subsequent  to  the  imposition  of  provisional  anti-dumping  duties,  certain  parties 
requested  and  were  granted  hearings,  and  presented  written  comments,  which 
were taken into account where appropriate. 

The definitive  determination confirmed  the existence of dumping. Changes in the 
individual  dumping  margins  compared  to the provisional  findings  are due to  the 
reassessment of certain  adjustments. 

As  to  the  conclusion  of  the  Commission  at  the  provisional  stage  of  the 
investigation  that  the  Community  industry  suffered  material  injury,  and  that  this 
was caused  by the surge of Indonesian and Thai dumped imports of PTY into the 
Community  at  low prices, which has had a particular destabilizing  impact  on the 
Community  market by lowering the price level on that market and thus leading the 
Community  industry  to  suffer  losses  in  profitability,  no  further  arguments  were 
made. These findings needs therefore to be confirmed. 

^ 

6. 

Given  the  need  to  eliminate  the  trade-distorting  effects  of  the  injurious  dumping 

found,  and  to  restore  effective  competition,  the  fact  that  a  continuation  of  low 

priced  imports  would jeopardize  the  adjustment  efforts  made  by  the  Community 

industry,  and  would  have  a  negative  effect  on  the  level  of  employment  in  the 

Community  industry,  and  in  view  of  the  limited  impact  for  consumers,  it  is 

considered in the Community interest that definitive  duties should be imposed. 

7. 

In these circumstances,  and in accordance  with the  "lesser duty rule", the  level  at 

which definitive  measures  should be  set was  determined  by the dumping  margins 

definitively  established, which were lower than the injury elimination margins. 

8. 

It  is  therefore  proposed  that  the  Council  adopts  the  draft  Regulation  annexed, 

imposing  a  definitive  anti-dumping  duty  on  imports  into  the  Community  of 

polyester textured filament yarn originating in Indonesia and Thailand, terminating 

the proceeding as far as India is concerned, and collecting definitively  the amounts 

secured by way of the provisional duty. 

^t  ^ 

Proposal for a 

COUNCIL REGULATION  (EC) N° 

/96  IMPOSING DEFINITIVE ANTI 

DUMPING DUTIES ON IMPORTS OF POLYESTER TEXTURED FILAMENT YARN 
ORIGINATING IN INDONESIA AND THAILAND, TERMINATING THE 
PROCEEDING CONCERNING IMPORTS OF POLYESTER TEXTURED FILAMENT 
YARN ORIGINATING IN INDIA, AND COLLECTING DEFINITIVELY THE 
PROVISIONAL DUTIES IMPOSED 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to Council Regulation (EC) N° 384/96 of 22 December  1995 on protection 
against  dumped  imports from  countries not members of the European  Community1, and 
in particular Article 23 thereof, 

Having  regard  to Council  Regulation  (EEC) N° 2423/88  of  11 July  1988 on  protection 
against  dumped  or  subsidized  imports  from  countries  not  members  of  the  European 
Economic Community2, and in particular Article  12 thereof, 

Having  regard  to  the  proposal  submitted  by  the  Commission  after  consulting  the 
Advisory Committee, 

WHEREAS: 

' O J W L S Ô,  06.03.1996, p. 1. 
2  OJ N° L 209,02.08.1988, p.l. Regulation as last amended by Regulation (EC) N° 522/94 (OJ N° L 

66,  10.03.1994, p.10). 

4 6-

A. PROVISIONAL MEASURES 

(1)  The  Commission,  by  Regulation  (EC)  N°  940/963  (hereafter  referred  to  as  the 
"provisional  Regulation")  imposed  provisional  anti-dumping  duties  on  imports  of 
polyester  textured  filament  yarn  (hereafter  referred  to  as  "PTY"  or  "product 
concerned"),  originating  in  Indonesia  and  Thailand,  and  falling  within  CN  codes 
5402 33 10 and 5402 33 90. 

(2)  With  the  same  Regulation,  it  was  provisionally  concluded  that  imports  of  the 
product  concerned  originating  in  India,  essentially  due  to  their  negligible  import 
volume, did not have contributed to the material injury  suffered  by the Community 
industry,  and  therefore  it  was  considered  unnecessary  to  impose  provisional 
protective measures onto these imports at that stage of the investigation. 

(3)  By Council Regulation (EC) N°  1370/964, the provisional duties were extended  for 

a period of two months, up to 1  December 1996. 

B. SUBSEQUENT PROCEDURE 

(4)  The  provisional  duty  Regulation  set  up  a  time  limit,  within  which  the  parties 
concerned could make known their views in writing and apply to be heard orally by 
the Commission. 

3  OJ N° L 128, 29.05.1996, p.3  ff. 
4  OJN°L  178, 17.07.1996, p.l. 

<^ 

(5) 

Immediately  after  the  imposition  of  the  provisional  measures  on  imports  of  PTY 

from  Indonesia  and Thailand,  the  interested  parties  were  informed  of  the  essential 

facts  and  considerations  on  the  basis  of  which  provisional  measures  had  been 

adopted. 

Comments thereupon were received in writing from the following  interested parties 

within the time limit set: 

L  Producers  in Indonesia: 

P.T. Panasia Indosyntec  (formerly: P.T. Hadtex Indosyntec) 

P.T. Indo Rama Synthetics 

P.T. Polysindo Eka Perkasa 

P.T. Susilia Indah Synthetic Fibres Industries 

P.T. Vastex Prima Industries 

2.  Producers  in Thailand: 

Sunflag  (Thailand) Ltd. 

Tuntex (Thailand) PCL. 

(6)  Parties,  who  so  requested,  were  also  granted  an opportunity  to be  heard  orally  by 

the Commission services. 

(7)  Parties were informed of the essential  facts  and consideration on the basis of  which 

it is intended to recommend the imposition of definitive  measures and the  definitive 

collection  of  amounts secured by way of provisional  duties. They also were granted 

a  period  within  which  they  could  make  representations  subsequent  to  this 

disclosure. 

(8)  The parties' oral and written comments were considered, and where appropriate, the 
provisional determinations were modified to take account of these comments. 

C. PRODUCT AND LIKE PRODUCT 

(9)  The  product  under  consideration  is  PTY, directly  derived  from  polyester  oriented 
yarn  ("POY").  PTY is  used  in both  the  weaving  and  the  knitting  sectors  to make 
polyester or polyester/cotton  fabrics. 

It was concluded  at the provisional  stage of the investigation  that PTY sold on the 
domestic  markets of India, Indonesia and Thailand has similar basic  characteristics 
and  uses  compared  to  that  exported  from  those  countries  to  the  Community. 
Similarly,  the  PTY  manufactured  by  the  Community  industry  and  sold  on  the 
Community  market  has  similar  basic  characteristics  and  uses  when  compared  to 
that exported to the Community from the countries in question. 

(10)  Since  no  new  arguments  were  made  by  any  of  the  parties  concerned  on  the 
Commission's  provisional  findings  on  the  product  under  consideration  and  the 
considerations  made on like product, the facts  and findings  as set out  in recital  (9) 
and (10) of the provisional Regulation, are confirmed by the Council. 

D.  DUMPING 

1. 

India 

(11)  It was provisionally  established  by the Commission  that the Indian  exporters  who 
cooperated  in  the  proceeding,  had  exported  PTY  to  the  Community  during  the 
investigation  period  at  dumped  prices,  individual  dumping  margins  ranging  from 
0.3% to 42.9%. 

(12)  Since  no  new  arguments  were  made  by  any  of  the  parties  concerned  as  to  the 
Commission's  provisional  conclusions  on  normal  value,  export  price,  comparison 
and  hence  the  dumping  margins  provisionally  established  for  exports  to  the 
Community of PTY originating in India, the facts  and findings  as set out in recitals 
(12)  to  (18)  and  (29)  to  (35)  of  the  provisional  Regulation  are  confirmed  by the 
Council, as far as India is concerned. 

2. 

Indonesia 

Normal value 

( 13)  The Indonesian exporters argued that, when comparing their costs of production  to 
the corresponding  domestic selling prices in order to assess whether domestic sales 
were made in the ordinary course of trade within the meaning of Article 2(4) of the 
basic Regulation, certain directly related selling expenses such as inland freight  and 
packing  had  been  included  in  the costs  whereas  they  had been  deducted  from  the 
domestic prices. 

After  verifying  additional  data  submitted  in  that  respect  by  the  companies 
concerned  and  retracing  the  individual  claims  to  the  audited  accounts  of  the 
companies,  the  provisional  calculations  on  normal  values,  where  warranted,  were 
duly revised. 

(14)  The  production  of  PTY  of  first  quality,  which  was  the  only  exported  by  the 
Indonesian  producers  concerned  to  the  Community,  implies  the  manufacturing  of 
PTY  of  inferior  quality,  so  called  substandard  PTY.  However,  the  Indonesian 
producers did not keep separate accounting data for each quality and, therefore,  the 
costs  associated  with  the  first  quality  exported  to  the  Community  were  not 
reasonably reflected  in the producers' records. 

At  the  provisional  stage of  the  investigation,  and  in  order  to establish  the  cost of 
production  of  first  quality  PTY, the Commission  estimated  the  cost  of  production 
of  the  substandard  PTY by  reference  to  the  average  variable  manufacturing  costs 
associated  with the overall production of PTY only. This approach  was considered 
reasonable, in particular given the relatively limited production of substandard PTY 
and its inevitable linkage with the production of first quality PTY. Furthermore, the 
allocation of the full cost of production on the basis of turnover did not appear to be 
an appropriate method, as not all the elements in the cost of production  appeared to 
be associated with the production and sale of substandard PTY. 

One  Indonesian  producer  asked  the  Commission  to  reconsider  the  possibility  to 
accept  the  cost  allocation  method  leading  to the costs  reported  in the  reply  to the 
Commission's  questionnaire,  and  which  has  been  historically  utilized  by  the 
exporter concerned. 

Following  this  request,  the  Commission  reviewed  its  provisional  findings,  and 
considered  acceptable  the  allocation  method  in question  though  only  to the  extent 
that it reasonably reflected  the costs associated with the production and sale of both 
qualities  of  PTY.  This  approach  was  extended  to  all  Indonesian  producers,  since 
they  all  replied  to  the  Commission's  questionnaire  using  the  same  allocation 
method. 

(15)  Upon  the  request  of  the  Indonesian  producers,  the  Commission  revised  its 
provisional  findings  as  regards  the  amount  of  financial  expenses,  as  well  as  the 
criteria for the allocation of the net financial costs to the product concerned. 

In  this  respect  it  was  considered  appropriate  to  offset  against  financial  expenses 
only  financial  income, which  showed  a clear  link  with  the  production  and  sale of 
PTY.  Furthermore,  the  allocation  of  net  financial  expenditure,  which  at  the 
provisional  stage  of  the  proceeding  had been  made by  reference  to turnover,  was 
modified to take separate account of products manufactured  or merely traded. 

(16)  Since  no  further  arguments  were  made  by  any  of  the  parties  concerned  as  to  the 
Commission's provisional  conclusions on normal  value for Indonesia, the facts and 
findings  as  set  out  in  recitals  (19)  to  (23)  of  the  provisional  duty  Regulation  are 
confirmed  by the  Council, considering  also the revisions  made under recitals  (13) 
and (14) above. 

Export prices 

trading  companies 

(17)  Two  of  the  Indonesian  producers  sold  PTY  for  export  to  the  Community  through 
two  related 
the  provisional 
located 
determinations,  the  export  prices  were  established  by  reference  to  the  prices 
actually  paid  or  payable  for  the  products  concerned  when  sold  for  export  to  the 
Community by the related trading companies in Singapore, since the prices charged 
by the Indonesian  producers to the related  Singaporean  traders were considered  as 
being influenced  by this relationship, and thus not being reliable. 

in  Singapore.  In 

To  establish  a reliable  export  price  to  the  Community  from  Indonesia,  the  prices 
charged  from  Singapore were adjusted  to an ex-Indonesia level by deducting  from 
the  prices  charged  by  the  related  companies  in  Singapore  to  the  independent 
customers in the Community  an average amount  of 4% of these prices, which was 
calculated by reference  to the selling, general and administrative  expenses  incurred 
by the related companies in respect of the sales under consideration. 

This  approach  was contested  by the  two Indonesian  producers  concerned,  arguing 
that the said adjustment  was too high. Alternatively, these producers proposed their 
own calculation  method by singling out only some allegedly directly related  selling 
expenses,  thus  ignoring  the  vast  majority  of  all  other  expenses  incurred  by  the 
related trading companies in Singapore. 

the  provisional  approach 

the 
The  Council,  however,  confirms 
Commission,  considering  the  degree  of  involvement  of  the  related  traders  in  the 
selling  activities  of  the  Indonesian  producers.  Furthermore,  on  the  basis  of  the 
accounting  data  of  the  related  traders, no  additional  information  was provided  by 
the latter, which would indicate that the adjustment  applied was inappropriate. 

taken  by 

(18)  Since  no  further  arguments  were  made by  any  of  the  parties  concerned  as  to  the 
Commission's  provisional  conclusions  on  export  prices  for  exports  to  the 
Community  of  PTY  originating  in  Indonesia,  the  facts  and  findings  as  set  out  in 
recital  (29)  of  the  provisional  Regulation  are  confirmed  by  the  Council  as  far  as 
Indonesia is concerned. 

Comparison 

(19)  Since  no  new  arguments  were  made  by  any  of  the  parties  concerned  as  to  the 
Commission's  provisional  conclusions  on  the  comparison  made  between  normal 
value and export prices, the facts  and findings  as set out in recitals (31) and (32) of 
the  provisional  Regulation  are  confirmed  by  the  Council  as  far  as  Indonesia  is 
concerned. 

Dumping margins 

(20)  Taking  into  account  the  above  mentioned  revisions,  the  Council  confirms,  in 
applying the same methodology  as used for  the provisional  assessment  (see recital 
(34)  of  the  provisional  Regulation),  the  definitive  dumping  margins  for  the 
cooperating  Indonesian exporters concerned as follows: 

P.T. Indo Rama Synthetics 

P.T. Panasia Indosyntec (formerly: P.T. Hadtex Indosyntec) 

P.T. Polysindo Eka Perkasa 

P.T. Susilia Indah Synthetic Fibres Industries 

P.T. Vastex Prima Industries 

1.7 % 

5.4 % 

8.8 % 

8.3 % 

20.2 % 

(21)  Confirming  the  method  chosen  for  the provisional  assessment  (see recital  (35) of 
the  provisional  Regulation),  the  Council  considered  that  the  dumping  margin  for 
non-cooperating  producers  in  Indonesia  should  be  based  on  facts  available  and 
verified  during  the  investigation.  On  that  basis  it  is  considered  that  the  highest 
definitive dumping margin, i.e. 20.2%, found with regard to a producer in Indonesia 
which  had  cooperated  in  the  investigation,  should  also  apply  to  non-cooperating 
producers in this country. 

3. 

Thailand 

Normal value 

(22)  One Thai producer realized that the costs data, which it had submitted, contained an 
arithmetical  material  error.  Indeed,  in  allocating  the  costs  for  two  raw  materials 
produced  by  this  company  and  used  both  in  the  production  of  PTY  and  in  other 
polyester  end-products,  the  company  erroneously  added  to  the  PTY  cost  of 
production  the total transformation  costs of the aforementioned  two raw materials, 
instead of considering the appropriate proportion for PTY only. 

After verifying  the revised additional data submitted in that respect by the company 
concerned, the Commission duly revised the normal value where warranted. 

(23)  One  Thai  producer  argued  that  its  costs  during  the  investigation  period  were 
affected  by  the  use  of  new  production  facilities,  and  certain  cost  items  should 
therefore be adjusted  accordingly. 

The  Commission  could  not  share  this  approach  since  no  adjustment  had  been 
claimed in the company's reply to the questionnaire or prior to the verification  visit. 
Furthermore,  the  capacity  utilization  rates  as  well  as  the  production  costs  of  the 
company during  the investigation period, which commenced eight months after the 
start-up of  the production,  appeared  reasonable  and in line  with  those  incurred  by 
most  of  the  other  PTY  producers.  The  claim  was  therefore  disregarded  by  the 
Commission. 

(24)  One  Thai  producer  argued  that  its  depreciation  rate  of  10%  on  machinery,  as 
reflected  in its costs, was too high as compared to other Thai producers, and that its 
costs should therefore be adjusted accordingly by using a 5 % rate. 

10 

To  apply  a  straight  depreciation  rate  of  10%  on  machinery  is  not  uncommon. 
Furthermore,  this  rate  is reflected  in  the  accounting  records  of  the  company.  The 
claim was therefore disregarded by the Commission. 

(25)  Since  no  further  arguments  were  made  by  any  of  the  parties  concerned  as  to  the 
Commission's  provisional  conclusions  on normal  value for Thailand, the facts  and 
findings  as  set  out  in  recitals  (24)  to  (28)  of  the  provisional  Regulation  are 
confirmed  by  the  Council,  considering  also  the  revision  made  under  recital  (22) 
above. 

Export prices 

(26)  Since  no  new  arguments  were  made  by  any  of  the  parties  concerned  as  to  the 
Commission's  provisional  conclusions  on  export  prices  for  exports  to  the 
Community  of  PTY  originating  in  Thailand,  the  facts  and  findings  as  set  out  in 
recital (29) of the provisional Regulation are confirmed by the Council. 

Comparison 

(27)  One Thai  producer  argued  that the normal  credit rates  applicable  in respect  to the 

currency expressed on the export invoice should be corrected. 

After  verifying  the  additional  data submitted  the Commission  duly  revised,  where 
warranted, the allowance for credit costs granted for the sales under consideration. 

(28)  Since  no  further  arguments  were  made by  any  of  the  parties  concerned  as  to  the 
Commission's  provisional  conclusions  on  the  comparison  made  between  normal 
value  and export prices, the facts  and findings  as set out in recitals  (31) to (33) of 
the provisional  Regulation are confirmed  by the Council, with the exception of the 
revision under recital (27) above and as far as Thailand is concerned. 

11 

Dumping marzins 

(29)  Taking  into  account  the  above  mentioned  revisions,  the  Council  confirms,  in 
applying the same methodology  as used for  the provisional  assessment  (see recital 
(34)  of  the  provisional  Regulation),  the  definitive  dumping  margins  for  the 
cooperating Thai exporters concerned as follows: 

Tuntex (Thailand) PCL. 

Sunflag  (Thailand) Ltd. 

Chareonsawatt Stretched Yarn Co. Ltd. 

6.7 % 

13.5 % 

20.2% 

(30)  Confirming  the  method  chosen  for  the  provisional  assessment  (see  recital  (35) of 
the  provisional  Regulation),  the  Council  considered  that  the  dumping  margin  for 
non-cooperating  producers  in  Thailand  should  be  based  on  facts  available  and 
verified  during  the  investigation.  On  that  basis  it  is  considered  that  the  highest 
definitive  dumping margin, i.e. 20,2%, found with regard to a producer in Thailand 
which  had  cooperated  in  the  investigation,  should  also  apply  to  non-cooperating 
producers in this country. 

E.  COMMUNITY INDUSTRY 

(31)  In the absence of new evidence or any further  substantiated  argument made by any 
of the parties concerned, the facts and findings set out in recitals (36) to (39) of the 
provisional  Regulation  are  confirmed  by  the  Council,  i.e.  the  complainant 
Community  producers  representing  more  than  50%  of  the  Community  output  of 
PTY  constitute  the  Community  industry,  in  accordance  with  Article  4  (5)  of  the 
basic Regulation. 

12 

F. 

INJURY 

(32)  As  mentioned  under  recital  (20)  above, the  individual  definitive  dumping  margin 
established  for one of the Indonesian exporters is de minimis. Whether, under these 
conditions, the imports in question  should  be excluded  from  the injury  assessment, 
does not need to be decided in the present case. 

Indeed, even if these producers' imports were excluded from  the injury  assessment, 
the  volume  and  the  Community  market  share  of  the  remaining  dumped  imports 
from Indonesia were still significant enough to justify  the Commission's provisional 
conclusions in this respect. 

(33)  Since  no  new  arguments  were  made  by  any  of  the  parties  concerned  as  to  the 
provisional  findings  concerning the injury  suffered  by the Community industry, the 
Council  confirms  those  findings  as  established  in  recitals  (40)  to  (55)  of  the 
provisional  Regulation,  i.e.  the  exclusion  of  imports  of  PTY  originating  in  India 
from  the  injury  assessment  due  to  its  negligible  market  share,  as  well  as  the 
precarious situation of the Community industry, in particular the deterioration of its 
financial  results,  the  decline  in  production,  capacity  utilization  and  market  share, 
notwithstanding  a certain  increase  in the Community  consumption  of  PTY, which 
demonstrates  that this industry  has  suffered  material  injury  within  the meaning of 
Article 4 (1) of the basic Regulation. 

G.  CAUSATION OF INJURY 

(34)  It  was  provisionally  concluded  that,  notwithstanding  the  fact  that  imports  from 
other  third  countries  might  have  contributed  to  the  injury  suffered  by  the 
Community  industry,  the  surge  of  Indonesian  and  Thai  dumped  imports  of  PTY 
into the  Community  at low prices has had a particular  destabilizing  impact  on the 
Community  market  by  lowering  the  price  level  on  that  market,  and  has  led  the 
Community  industry to suffer  a loss of profitability,  thus causing material injury  to 
this industry. 

13 

(35)  Since  no  new  arguments  were  made  by  any  of  the  parties  concerned  as  to  the 
Commission's provisional conclusions on causation of injury, the facts and  findings 
as set out in recital (56) to (81) of the provisional  Regulation  are confirmed  by the 
Council. 

H.  COMMUNITY INTEREST 

(36)  The Commission  concluded  at the provisional  stage of the investigation  that,  after 
examining the various interests involved, it is in the Community interest to prevent 
a further  decline in the already precarious situation of the Community industry, and 
to  re-establish  with  the  imposition  of  remedial  measures  a  fair  and  competitive 
economical  environment  in the Community  market. Furthermore it was considered 
necessary  to ensure  a non-discriminatory  treatment  with regard to imports  of PTY 
originating in Indonesia and Thailand as compared to imports of PTY originating in 
other third countries presently subject to anti-dumping measures. 

(37)  On  this  basis,  the  Council  confirms,  as  set  out  in  recitals  (82)  to  (93)  of  the 
provisional  Regulation,  that  the  Community  interest  calls  for  the  imposition  of 
definitive  anti-dumping  measures  on imports of PTY originating  in Indonesia  and 
Thailand. 

I.  DEFINITIVE DUTY 

India 

(38)  Given  the above confirmed  provisional  conclusions  with regard to exports of PTY 
to  the  Community  originating  in  India  (insignificant  market  share),  the  Council 
confirms  that  no  definitive  anti-dumping  duty  should  be  imposed  and  the 
proceeding be terminated in respect of this country. 

14 

Indonesia and Thailand 

(39)  For the purpose of establishing  the level of the definitive  measures to be imposed, 
and  in  line  with  the  same  methodology  applied  at  the  provisional  stage  of  the 
investigation, the Council took account of the dumping margins found  and the level 
of duty necessary to eliminate the injury  sustained by the Community industry. 

(40)  It  is  confirmed  at  this  definitive  stage  that  for  all  Indonesian  and  Thai  exporters 
concerned  the  level  of  the  injury  margins  were  higher  than  the  dumping  margins 
found,  both being expressed  as a percentage  of the CIF Community  frontier  price. 
Consequently,  in  accordance  with  Article  13  (3)  of  the  basic  Regulation,  it  is 
confirmed  that the  level  of  the  duty  should be based  on  the  level  of  the  dumping 
margins definitively  established. 

(41)  With  regard  to  the  Indonesian  company  P.T.  Indo  Rama  Synthetics,  the  Council 
confirms,  considering  that the  individual  definitive  dumping  margin  established  is 
de  minimis,  that  the  investigation  be  terminated  without  measures  although  the 
company  shall remain  subject  to the proceeding  and  may be reinvestigated  in any 
subsequent review carried out for Indonesia. 

J.  COLLECTION OF THE PROVISIONAL DUTY 

(42)  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 of the amounts of duties definitively  imposed. 

HAS ADOPTED THIS REGULATION: 

15 

Article I 

1.  A definitive  anti-dumping duty is hereby imposed on imports of polyester textured 
filament  yarn, falling within CN code 5402 33 10 and 5402 33 90 and originating in 
Indonesia and Thailand. 

2. 

The  rate  of  the  definitive  anti-dumping  duty  applicable  to  the  net,  free-at-
Community-frontier  price,  before duty, shall be as follows: 

Indonesia 

Duty 

Taric additional Code 

P.T. Panasia Indosyntec 

(formerly:  P.T. Hadtex Indosyntec) 

5.4 % 

P.T. Polysindo Eka Perkasa 

8.8 % 

P.T. Susilia Indah Synthetic Fibres Industries  8.3 % 

Others 

20.2% 

8884 

8886 

8887 

8888 

The  duties  shall  not  apply  to  imports  of  the  products  specified  in  paragraph  1, 
which  are  produced  and  exported  by  the  Indonesian  company  P.T.  Indo  Rama 
Synthetics (Taric additional Code 8885). 

Thailand 

Duty 

Taric additional Code 

Tuntex (Thailand) PCL. 

Sunflag  (Thailand) Ltd. 

Others 

6.7 % 

13.5% 

20.2%. 

8889 

8907 

8891 

3.  No  anti-dumping  duty  shall  be  applicable  to  imports  of  the  product  specified  in 
paragraph  1 and  originating  in  India.  The  proceeding  concerning  imports  of  the 
product originating in India shall be terminated. 

4.  Unless otherwise specified,  the provisions in force concerning customs duties shall 

apply. 

16 

Article 2 

1. 

The  amounts  secured  by  way  of  the  provisional  anti-dumping  duties  under 
Regulation  (EC) N° 940/96  shall be  definitively  collected  at the rate  of  the  duties 
definitively  imposed.  Amounts  secured  in  excess  of  the  definitive  rate  of  anti 
dumping duties shall be released. 

2. 

The  provisions  of  Article  1 (4)  shall  also  apply  to the  definitive  collection  of  the 
amounts secured by way of the provisional anti-dumping duties. 

Article 3 

This Regulation  shall enter into force  on the 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, 

The Council 

17 

ISSN  0254-1475 

COM(96) 523 final 

DOCUMENTS 

EN 

02 

il 

Catalogue number  : CB-CO-96-528-EN-C 

ISBN 92-78-10422-1 

Office for Official Publications of the European Communities 

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