THE LEVEL OF COMMUNITY DEMAND FOR POLYESTER YARN INCREASED SLIGHTLY IN 1979 , WHILE OVER THIS PERIOD THE NUMBER OF COMMUNITY PRODUCERS DECLINED AND THE MARKET SHARE OF THIRD COUNTRIES OTHER THAN THE USA ALSO DECREASED .
WHEREAS , THEREFORE , IT IS CONSIDERED THAT NONE OF THESE FACTORS MAKES A SIGNIFICANT CONTRIBUTION TO THE WORSENING OF THE SITUATION OF THE COMMUNITY PRODUCERS ; WHEREAS THE INJURIOUS EFFECTS ATTRIBUTED SOLELY TO DUMPING , I.E . LOSS OF MARKET SHARE , PERSONNEL REDUCTION AND IN PARTICULAR A DETERIORATION IN THE FINANCIAL SITUATION TOGETHER REPRESENT MATERIAL INJURY ;
WHEREAS , IN THESE CIRCUMSTANCES , TO PREVENT INJURY BEING CAUSED DURING THE PROCEEDING , THE INTERESTS OF THE COMMUNITY CALL FOR IMMEDIATE INTERVENTION CONSISTING IN THE IMPOSITION OF A PROVISIONAL ANTI-DUMPING DUTY ON IMPORTS OF CERTAIN POLYESTER YARN , ORIGINATING IN THE UNITED STATES OF AMERICA AT A RATE WHICH , HAVING REGARD TO THE EXTENT OF INJURY CAUSED , SHOULD BE EQUAL TO THE DUMPING MARGINS PROVISIONALLY ESTABLISHED ; WHEREAS , SINCE A DUMPING MARGIN HAS NOT BEEN ESTABLISHED AT THIS STAGE FOR MACFIELD TEXTURING INC ., THE COMPANY SHOULD THEREFORE BE EXCLUDED FROM APPLICATION OF THE PROVISONAL ANTI-DUMPING DUTY UNTIL SUCH TIME AS THE PRELIMINARY INVESTIGATION CONCERNING IT IS COMPLETED ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . A PROVISIONAL ANTI-DUMPING DUTY IS HEREBY IMPOSED ON CERTAIN POLYESTER YARN , FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING EX 51.01 A AND CORRESPONDING TO NIMEXE CODES 51.01-23 , 25 , 26 AND 28 , ORIGINATING IN THE UNITED STATES OF AMERICA . THIS DUTY SHALL NOT APPLY TO TEXTURED POLYESTER YARN MANUFACTURED AND EXPORTED BY MACFIELD TEXTURING INC ., MADISON , NORTH CAROLINA .
2 . THE AMOUNT OF THE PROVISIONAL ANTI-DUMPING DUTY REFERRED TO IN PARAGRAPH 1 SHALL BE AS FOLOWS :
( A ) FOR TEXTURED YARN FALLING WITHIN NIMEXE CODE 51.01-23 , 9.6 % AND
( B ) FOR NON-TEXTURED YARN FALLING WITHIN NIMEXE CODES 51.01-25 , 26 AND 28 , 15.6 % , EXCEPT FOR NON-TEXTURED YARN MANUFACTURED AND EXPORTED BY EASTMAN CHEMICAL INTERNATIONAL COMPANY , KINGSPORT , TENNESSEE FOR WHICH THE AMOUNT OF DUTY SHALL BE 13.7 % .
3 . THE DUTY SHALL BE ON THE BASIS OF THE VALUE DECLARED IN ACCORDANCE WITH COMMISSION REGULATION ( EEC ) NO 1496/80 OF 11 JUNE 1980 ON THE DECLARATION OF PARTICULARS RELATING TO CUSTOMS VALUE AND ON DOCUMENTS TO BE FURNISHED ( 1 ).
4 . THE PROVISIONS IN FORCE CONCERNING CUSTOMS DUTIES SHALL APPLY FOR THE APPLICATION OF THIS DUTY .
5 . THE RELEASE FOR FREE CIRCULATION IN THE COMMUNITY OF THE PRODUCTS REFERRED TO IN PARAGRAPH 1 SHALL BE SUBJECT TO PAYMENT OF A DEPOSIT , EQUIVALENT TO THE AMOUNT OF THE PROVISIONAL DUTY .
ARTICLE 2
WITHOUT PREJUDICE TO ARTICLE 7 ( 4 ) ( B ) AND ( C ) OF REGULATION ( EEC ) NO 3017/79 , THE PARTIES CONCERNED MAY MAKE KNOWN THEIR VIEWS AND APPLY TO BE HEARD