1999/397/EC: Commission Decision of 14 June 1999 terminating the anti-dumping and the anti-subsidy proceedings concerning imports of polyester textured yarn originating in India and the Republic of Korea (notified under document number C(1999) 1539)
Date: 1999-06-14
Institutions: European Commission
Subjects: India, South Korea, anti-dumping legislation, anti-subsidy proceeding, import, textile fibre

L 149/60

EN

Official Journal of the European Communities

16. 6. 1999

COMMISSION DECISION

of 14 June 1999

terminating the anti-dumping and the anti-subsidy proceedings concerning
imports of polyester textured yarn originating in India and the Republic of Korea

(notified under document number C(1999) 1539)

(1999/397/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 384/96 of
22 December 1995 on protection against dumped imports
from countries
the European
Community (1), as last amended by Regulation (EC) No
905/98 (2), and in particular Article 9 thereof,

not members

of

Having regard to Council Regulation (EC) No 2026/97 of
6 October 1997 on protection against subsidised imports
from countries
the European
not members
Community (3), and in particular Article 14 thereof,

of

After consulting the Advisory Committees,

Whereas:

A. PROCEDURE

(1)

(2)

(3)

On 7 July 1998, the Commission received two
complaints concerning alleged injurious dumping
and injurious subsidisation by imports into the
Community of polyester textured filament yarn
originating in India and the Republic of Korea.

Both complaints were lodged by CIRFS (Inter-
national Committee of Rayon and Synthetic
Fibres), on behalf of Community producers repre-
senting a major proportion of the total Community
production of polyester
textured filament yarn
pursuant to Article 4(1) and Article 5(4) of Regula-
tion (EC) No 384/96 and to Article 9(1) and Article
10(8) of Regulation (EC) No 2026/97.

These complaints contained prima facie evidence
of dumping and subsidisation, and of material
injury resulting therefrom, considered sufficient to
justify the initiation of both an anti-dumping and
an anti-subsidy proceeding.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ L 288, 21.10.1997, p. 1.

The Commission, after consultation, by two sepa-
rate notices published on 21 August 1998 in the
Official Journal of the European Communities (4),
accordingly initiated an anti-dumping and an anti-
subsidy proceeding concerning imports into the
Community of polyester textured filament yarn,
currently classifiable within CN code 5402 33 00,
originating in India and the Republic of Korea.

The Commission officially advised the exporting
importers, upstream suppliers of raw
producers,
materials, downstream industrial users of polyester
textured filament yarn known to be concerned, the
representatives of the exporting countries and the
complainant Community producers.
Interested
parties were given the opportunity to make their
views known in writing and to request a hearing
within the time limit set out in the notices of
initiation.

B. WITHDRAWAL OF THE COMPLAINT AND

TERMINATION OF THE PROCEEDINGS

By a letter of 28 April 1999 to the Commission,
CIRFS formally withdrew its anti-dumping and
anti-subsidy complaints concerning imports of
polyester textured yarn originating in India and the
Republic of Korea.

In accordance with Article 9(1) of Council Regula-
tion No 384/96 and with Article 14(1) of Council
Regulation No 2026/97, when the complainant
withdraws its complaint the proceeding may be
terminated unless such termination would not be
in the Community interest.

The Commission considered that
the present
proceedings should be terminated since the invest-
igation had not brought to light any considerations
showing that such termination would not be in the
Community
parties were
informed accordingly and were given the oppor-
tunity to comment. No comments were received
indicating that such termination would not be in
the Community interest.

Interested

interest.

(5)

(6)

(7)

(8)

(4) OJ C 264, 21.8.1998, pp. 2 and 5.

16. 6. 1999

EN

Official Journal of the European Communities

L 149/61

(9)

The Commission therefore concludes that the anti-dumping and the anti-subsidy
proceedings concerning imports into the Community of polyester textured filament
yarn originating in India and the Republic of Korea, should be terminated without
the imposition of measures.

HAS DECIDED AS FOLLOWS:

Sole Article

The anti-dumping and the anti-subsidy proceedings concerning imports
into the
Community of polyester textured filament yarn currently classifiable within CN code
5402 33 00 and originating in India and the Republic of Korea are hereby terminated.

Done at Brussels, 14 June 1999.

For the Commission

Leon BRITTAN

Vice-President