Proposal for a Council Regulation (EC) imposing a definitive anti-dumping duty on imports of polyester textured filament yarn originating in Malaysia and collecting definitively the provisional duty imposed
Date: 1997-05-21
Institutions: European Commission
Subjects: CCT duties, Malaysia, anti-dumping duty, import, textile fibre

COMMISSION OF THE EUROPEAN COMMUNITIES 

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Brussels, 21.05.1997 
COM(97) 231  final 

Proposal for a 
COUNCIL REGULATION (EC) 

imposing a definitive anti-dumping duty on imports of polyester textured filament yarn 
originating in Malaysia and collecting definitively the provisional duty imposed 

(presented by the Commission) 

1. 

2. 

3. 

4. 

5. 

EXPLANATORY  MEMORANDUM 

In January  1997, by Regulation  (EC) N° 53/97, the Commission  imposed  provisional 
anti-dumping  duties  on  imports  of  polyester  textured  filament  yam  originating  in 
Malaysia. 

Following the imposition of the provisional  anti-dumping duties, all interested parties 
received disclosure in writing about the essential  facts  and considerations  on the basis 
of  which  the  provisional  measures  had  been  imposed.  At  the  same  time  all  other 
parties known to be concerned by this proceeding were informed  about the imposition 
of the provisional measures. 

No  further  arguments  have  been  made  by any  of  the parties  concerned  regarding  the 
Commission's  provisional  findings  on  the  product  under  consideration,  on  the  like 
product,  on  dumping,  Community 
injury  and 
Community  interest. 

injury,  causation  of 

industry, 

In  these  circumstances,  and  since  the  dumping  margins  found  were  lower  than  the 
increase  in  export  prices  necessary  to  remove  the  injury,  it  is  considered  necessary 
that  definitive  measures,  based  on  the  dumping  margins  established,  should  be 
imposed in the form and at the level of the provisional measures. 

It  is  therefore  proposed  that  the  Council  adopts  the  proposal  for  the  Regulation 
annexed,  imposing  definitive  anti-dumping  duties on  imports  into  the Community  of 
polyester  textured  filament  yam  originating  in  Malaysia,  and  collecting  definitively 
the amounts secured by way of the provisional duty. 

Proposal for a 

COUNCIL REGULATION  (EC) N° .....797  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)  N°  384/96  of  22  December  1995  on  protection 

against  dumped  imports  from  countries  not  members  of  the  European  Community 1,  as 

amended by Council Regulation (EC) N° 2331/96^, 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) N°  53/97  of  14 January  19973  (hereinafter  "the provisional  duty 

Regulation"),  the  Commission  imposed  a  provisional  anti-dumping  duty  on  imports 

into the Community of polyester textured filament  yam (hereinafter  "PTY" or  "product 

concerned") originating in Malaysia, falling  within CN codes 5402 33  10 and 5402 33 

90. 

1  OJN°L56,  06.03.1996, p. 1. 
2  OJN°L  317, 06.12.1996, p.l 
3  OJN°L13,  16.01.1997, p.6 

kx 

B. SUBSEQUENT PROCEDURE 

(2)  Following  the  imposition  of  the  provisional  anti-dumping  duty,  all  interested  parties 

received disclosure in writing about 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  about 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 apply to 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 made 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  and the 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. 

(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  based  on  the  level  of  the  dumping 

margins definitively  established  pursuant to  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 

of the amounts of duties definitively  imposed. 

HAS ADOPTED THIS REGULATION: 

Article 1 

1.  A  definitive  anti-dumping  duty  is  hereby  imposed  on  imports  of  polyester  textured 

filament  yam, falling  within  CN code  5402  33  10 and  5402  33 90  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 

Duty  Taric additional Code 

Hualon Corporation (M) Sdn. Bhd. 

16.4 % 

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 under Regulation  (EC) 

N° 53/97 shall be definitively  collected at the rate of the duties definitively  imposed. 

This  Regulation  shall  enter  into  force  on  the  day  following  its  publication  in  the  Official 

Journal of the European Communities. 

Article 3 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

The Council 

ISSN 0254-1475 

COM(97) 231 final 

DOCUMENTS 

EN 

02  11 

Catalogue number  :  CB-CO-97-222-EN-C 

ISBN 92-78-19767-X 

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