CELEX: 51997PC0231
Language: en
Date: 1997-05-21
Title: 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

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 texturedfilamentyarn
      originating in Malaysia and collecting definitively the provisional duty imposed
                              (presented by the Commission)
 ---pagebreak---  ---pagebreak---                         EXPLANATORY MEMORANDUM
1. 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.
2. 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.
3. 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.
4. 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.
5.  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.
 ---pagebreak--- 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
 ---pagebreak---                              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.
 ---pagebreak---                                 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:
 ---pagebreak---                                             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.
                                            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
 ---pagebreak---                                                                   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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