CELEX: 31980R2843
Language: en
Date: 1980-10-30
Title: Commission Regulation (EEC) No 2843/80 of 30 October 1980 amending Regulation (EEC) No 2297/80 imposing a provisional anti-dumping duty on imports of certain polyester yarn originating in the United States of America

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31980R2843

Commission Regulation (EEC) No 2843/80 of 30 October 1980 amending Regulation (EEC) No 2297/80 imposing a provisional anti-dumping duty on imports of certain polyester yarn originating in the United States of America  

Official Journal L 294 , 04/11/1980 P. 0005

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO L 231 , 2 . 9 . 1980 , P . 5 .    COMMISSION REGULATION ( EEC ) NO 2843/80   OF 30 OCTOBER 1980   AMENDING REGULATION ( EEC ) NO 2297/80 IMPOSING A PROVISIONAL ANTI-DUMPING DUTY ON IMPORTS OF CERTAIN POLYESTER YARN ORIGINATING IN THE UNITED STATES OF AMERICA   THE COMMISSION 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 ,   AFTER CONSULTATION WITHIN THE ADVISORY COMMITTEE SET UP UNDER ARTICLE 6 OF REGULATION ( EEC ) NO 3017/79 ,   WHEREAS THE COMMISSION , HAVING RECEIVED A COMPLAINT CONTAINING EVIDENCE OF THE EXISTENCE OF DUMPING IN RESPECT OF CERTAIN POLYESTER YARN ORIGINATING IN THE UNITED STATES OF AMERICA AND OF MATERIAL INJURY RESULTING THEREFROM , ANNOUNCED THE INITIATION OF A PROCEEDING CONCERNING IMPORTS OF SUCH PRODUCTS INTO THE COMMUNITY AND CARRIED OUT A PRELIMINARY INVESTIGATION FOLLOWING WHICH , UNDER REGULATION  ( EEC ) NO 2297/80 ( 2 ), IT IMPOSED A PROVISIONAL ANTI-DUMPING DUTY ON IMPORTS OF THE ABOVEMENTIONED PRODUCTS ;   WHEREAS , FOLLOWING THE PUBLICATION OF REGULATION ( EEC ) NO 2297/80 , SEVERAL COMMUNITY IMPORTERS OF CERTAIN SEWING THREAD MADE REPRESENTATIONS TO THE COMMISSION CLAIMING THAT THE ANTI-DUMPING DUTY WAS WRONGLY LEVIED ON THEIR IMPORTS FROM THE UNITED STATES OF AMERICA ;   WHEREAS , ACCORDING TO THESE IMPORTERS , DELIVERIES OF SUCH SUPPLIES INTO THE COMMUNITY CAUSE NO INJURY TO THE COMPLAINANT COMMUNITY PRODUCERS AND ARE SUBJECT TO THE PROVISIONAL 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 SEWING THREAD ;   WHEREAS IMPORTS OF CERTAIN SEWING THREAD SHOULD THEREFORE BE EXCLUDED FROM THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF CERTAIN POLYESTER YARN ORIGINATING IN THE UNITED STATES OF AMERICA AND , CONSEQUENTLY , SHOULD NOT BE SUBJECT TO THE PROVISIONAL ANTI-DUMPING DUTY IMPOSED UNDER REGULATION ( EEC ) NO 2297/80 ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   1 .  THE PROVISIONAL ANTI-DUMPING DUTY IMPOSED , UNDER REGULATION ( EEC ) NO 2297/80 , ON IMPORTS OF NON-TEXTURED POLYESTER YARN , FALLING WITHIN COMMON CUSTOMS TARIFF SUBHEADING EX 51.01 A AND CORRESPONDING TO NIMEXE CODE 51.01-28 , SHALL NOT APPLY TO IMPORTS OF SEWING THREAD COMPOSED OF MULTIPLE OR CABLED YARN WHICH IS :  ( A ) PUT UP ON SUPPORTS ( REELS , TUBES , ETC .) OF A WEIGHT  ( INCLUDING SUPPORT ) NOT EXCEEDING 1 000 GRAMS ; AND  ( B ) DRESSED ; AND  ( C ) HAS A FINAL ' Z '  TWIST .   2 .  THE AMOUNTS PAID AS A DEPOSIT IN RESPECT OF THE PROVISIONAL DUTY IMPOSED , UNDER REGULATION ( EEC ) NO 2297/80 , ON IMPORTS OF SEWING THREAD , AS DEFINED IN PARAGRAPH 1 , SHALL BE RELEASED .   ARTICLE 2   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 , 30 OCTOBER 1980 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT