CELEX: 51988PC0681
Language: en
Date: 1988-11-17
Title: Proposal for a COUNCIL REGULATION (EEC) imposing a definitive anti-dumping duty on imports of polyester yarn originating in Mexico, South Korea, Taiwan and Turkey (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 681
Vol. 1988/0224
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(88 ) 681 final
                                               Brussels , 17 November 1988
                                                               /
                                   Proposal for a
                          COUNCIL REGULATION ( EEC )
   imposing a definitive anti-dumping duty on imports of polyester yarn
          originating in Mexico, South Korea , Taiwan and Turkey
                       (presented by the Commission )
                           11   12
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 ---pagebreak---                                 EXPLANATORY MEMORANDUM
I .   PROCEDURE
By     notice   published      in    the    Official    Journal   of  the   European
Communities 1 , the Commission announced the initiation of an anti-dumping
proceeding     concerning     Imports    of   polyester   yarn  originating  in  the
Republic of Korea , Mexico , Taiwan and Turkey .
By Regulation ( EEC ) No 1695/882 of 14 June 1988 , amended by Regulation
( EEC ) No 2871 /883 , the Commission Imposed a provisional anti-dumping
duty on     imports of polyester yarn originating            In the above-mentioned
countries .    This duty was extended for a maximum period of two months by
Regulation ( EEC ) No 3171 /884 .
 II .   DUMPING
Where sufficient supporting evidence was submitted the Commission has
modified the provisionally established dumping margins of some exporters .
The dumping margins finally established are given In recital 11 of this
 draft Council Regulation .
 1     OJ No C 173 ,  01 . 07.1987 , P- 11 .
 2     OJ No L  151 , 17.06.1988 , P· 39 .
 3     OJ No L 257 , 17.09.1988 , P. 24 .
 4     OJ No L 282 ,  15.10.1 988 , P. 28 .
 ---pagebreak---                                          - 2 -
III .   INJURY
The Commission 's main findings are as follows .
1.    Imports of POY ( partially oriented polyester yarn ) from the above-
      mentioned countries Increased by 259% from 1985 to 1986 and by 37%
      between 1986 and 1987 .
   Imports    of   PTY   ( textured  polyester  yarn )   from the  above-mentioned
   countries Increased by576% from 1985 to 1986 and by 72% from 1986 to
   1987 .
2.    The market share held In the Community by Imports from the countries
      under investigation Increased from 1.7% In 1985 to 8.6% in 1986 and
      to 13.4% In 1987 .
3.    Price undercutting by the imports in question were high .        They ranged
      from 14% for yarn originating In Mexico , 25% for yarn originating In
      Korea and to more than 30% for yarn originating In Taiwan and Turkey .
The    effect   of   the    dumped  Imports  on  the   Community  industry  was as
fo I lows .
Despite a 19% Increase In consumption In the Community between 1984 and
1987 , the market share held by Community producers decreased from 91% to
79% during the same period .
The    Imports   in question exerted significant downward pressure on the
prices prevailing on the Community market and on the profitability of
Community producers .
During the reference period the three profitable POY producers began to
make losses .     Out of nine PTY producers , In 1986 two began to make losses
compared to six In 1987 .
                                                                                   3
 ---pagebreak--- In conclusion , the growth of dumped Imports deprived the Community
industry of the benefits of increased consumption and had a depressive
effect on prices . This led to both a fall In market share and a net
worsening of the financial results of the Community Industry .
As a result , the Commission considers that the dumped imports of
polyester yarn from the four countries concerned have caused significant
material    injury to the Community producers concerned .        The Commission
also considers that the existing regional quantitative restrictions on
imports of polyester yarn originating in Korea and Taiwan and imported
into Spain and Italy are Insufficient as they have failed to prevent
unfair pricing practices or eliminate the Injury being suffered .
The Commission has therefore come to the conlusion that It Is necessary
for a definitive anti-dumping duty to be Imposed on Imports originating
 in the countries involved In this proceeding .
 IV .  COMMUNITY  INTEREST
When Imposing provisional duties the Commission considered that It was In
the Community 's interests to take action In order to prevent Injury being
caused    to the Community producers       In view of    the particularly grave
difficulties facing them and of the relatively limited effect of these
measures on the production costs of the user Industry and a fortiori on
the price to the consumer .
 In   this  respect ,  some   importers   and  users   have  argued  that  their
 interests were    not  taken   Into account   when   the provisional  duty was
 imposed and that it is not In the Community 's Interests to              Impose
definitive anti-dumping measures on Imports of polyester yarn .
Their main arguments concentrated mainly on the existence of a Community
cartel which manifested        itself , after the    Imposition of provisional
duties , In the form of supply problems , high prices charged by the
Community producers and a partitioning of the Community polyester yarn
market .
 ---pagebreak---                                         4
Consequently ,    the Commission concludes    that  It  is   In  the Community 's
Interests    that   definitive measures be     Introduced   against   Imports of
polyester yarn from the four countries Involved .
V.   DEFINITIVE MEASURES
The Commission considers       It appropriate   to  Impose   a  definitive  anti ¬
dumping duty on these Imports on an ad valorem basis .
On the basis of       the above facts ,   the Commission makes the      following
proposals to the Council :
- the    Imposition    of  a  definitive   anti-dumping    duty   on  Imports  of
   polyester yarn originating In the Republic of Korea , Mexico , Taiwan and
   Turkey ;
- the definitive collection of the amounts secured by way of provisional
   duty , either in their entirety or up to the maximum duty definitively
   Imposed if the definitive duty is lower than the provisional duty .
 ---pagebreak---                             COUNCIL REGULATION ( EEC ) No     788
                                             of
                    Imposing a definitive ant I -dumping duty on imports
     of polyester yarn originating in Mexico , South Korea , Taiwan and Turkey
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having    regard    to Council    Regulation  ( EEC )  No 2423 / 88 of 11  July  1988 on
protection against dumped or subsidized imports from countries not members of
the European Economic Community , 1 , and In particular Article 12 thereof ,
Having informed the EEC-Turkey Association Council pursuant to Article 47(2 ) of
the Additional Protocol to the Agreement establishing an Association between the
European Economic Community and Turkey , 2 and In the absence of a decision by
the said Association Council ,
Having regard to the proposal from the Commission , presented after consultations
within the Advisory Committee set up under the said Regulation ,
Whereas :
A. Provisional measures
 1.   Under      Regulation   ( EEC )  No  1695/88 , 3   amended    by Regulation   ( EEC )
 No 2871 / 88 , 4 the Commission Imposed a provisional anti-dumping duty on Imports
 of partially oriented polyester yarn ( POY ) and textured polyester yarn ( PTY )
 originating in Mexico , South Korea , Taiwan and Turkey . POY Is a feeder yarn
 used exclusively for the production of PTY which , In turn , Is
 1    OJ No L 209 , 2.8.1988 , p. 1 .
 2    OJ No L 293 , 29.12.1972 , p. 3 .
 3     OJ L 151 , 17.6.1988 , p. 39 .
 4     OJ L 257 , 17.9.1988 , p. 24 .
 ---pagebreak---                                                2
used to produce fabrics of polyester or of cotton and polyester .            The duty was
extended for a period not exceeding two months by Regulation ( EEC ) No 3171 / 88 . 5
B . Subséquent procedure
2.    Following the    Imposition of    the provisional    anti-dumping duty ,   Community
producers and a number of exporters of the product             in question applied to be
heard by the Commission and hearings were granted .
Community     producers   and   some  exporters    also  expressed   their  views  on  the
Regulation imposing the provisional duty In writing .
Certain exporters asked the Commission to            Inform them of the main facts and
considerations     on   the  basis   of  which   the  Commission   proposed  to  recommend
definitive measures .      The Commission compiled with these requests .
C . Dumping
( 1 ) Normal value
( a ) Korea , Taiwan and Mexico
3.    In general , normal value was calculated definitively by the method used for
the provisional calculation of the value , namely on the basis of the domestic
prices charged by the producers which exported to the Community and had supplied
sufficient     information .   It was established on a monthly basis and by type of
product .
Where     there were no domestic sales of         the  type of   product  exported  to  the
Community during a given month , the weighted average of domestic sales for the
other months was used .
5       OJ L 282 , 15.10.1988 , p. 28 .
 ---pagebreak--- Where there were no domestic sales of a type of product exported to the
Community , or they were insufficient , the domestic price of the most similar
type of product or the constructed value was used . Where a substantial volume of
domestic sales of a given type of product was made at a loss , constructed value
was used as normal value . Constructed value was calculated by adding together
the cost of production and a reasonable profit margin established on the basis
of the profits made on the domestic sales of the product concerned , POY or PTY ,
or on total sales of polyester yarn by the exporting company concerned .
 In the case of one Korean exporter and some Mexican exporters , normal value was
established    at their  request  on  the   basis of    domestic  prices net  of  all
discounts and rebates directly linked to the sales under consideration , pursuant
to Article 2(3)(a ) of Regulation ( EEC ) No 2423/ 88 , after convincing evidence had
been produced .
Also accepted was the request of a Taiwanese exporter that the constructed value
be established on the basis of the profit margin on POY sales alone rather than
all PTY sales , a margin determined with reference to another exporter In this
case .
( b ) Turkey
4 . Normal value was calculated definitively using the method set out          in the
first and second paragraphs of recital 3 .
However , In the case of POY , the normal value of which had been calculated on
 the basis of the constructed value , one exporter challenged the amount of the
 profit margin established In respect of the profits made on all polyester yarn
 sales , arguing that the only acceptable margin was that calculated In respect of
 profits on POY sales . Since the Commission was unable to find a profit margin
 relating only to POY in the accounts of any of the Turkish companies involved In
 the proceeding , the Council agrees
 ---pagebreak---                                             - 4 -
with the Commission that the method used to calculate the provisional measures
should stand .
( 2 ) Export prices
5.    In general ,   export  prices were established on the basis of              the prices
actually paid or payable for products sold for export to the Community .
Where products were exported through subsidiaries established In the Community ,
export    prices were calculated on the basis of           the price at which       they were
resold to the first independent buyer , adjusted to take account of all costs -
   including ,  where    appropriate ,   transport ,   insurance     and   customs    duties -
   incurred between import and resale , and a margin considered reasonable to cover
general expenses and profit , given the profit margins of independent importers
of the product in question .
Adjustments were made        to   the exchange    rates  for     prices of   exports    to   the
Community effected by Taiwanese exporters ,          the evidence presented having been
found satisfactory .
An adjustment was made to the exchange rate used to calculate the export price
of    a  Mexican   producer    In  response  to   a  request     accompanied   by  sufficient
supporting evidence .
( 3 ) Comparison
6 . The normal monthly value for each type of product was generally compared ,
transaction by transaction , with the export prices of the corresponding type of
product at the ex-works stage .        Any adjustments provisionally allowed according
 to the circumstances to take account of differences directly affecting price
comparability pursuant        to Article 2(10)(c )     and   ( d ) of  Regulation    ( EEC )  No
2176/ 84    were maintained on the terms set out in recitals 10 , 14 , 18 and 22 of
Regulation 1695 / 88 .
 ---pagebreak---                                                - 5 -
( a ) Korea
7 . One exporter 's renewed request concerning differences in selling conditions ,
based on Article 2(10)(c)(v ) of Regulation ( EEC ) No 2423 / 88 , was not supported
by sufficient evidence as to their direct link with the sales in question , and
was thus rejected .
( b ) Mexico
Mexican exporters were accorded an adjustment to take account of credit costs
pursuant to Article 2(10 ) ( c ) ( I I I ) of Regulation ( EEC ) No 2423/ 88 , has been taken
 into consideration following a request accompanied by sufficient supporting
ev i dence .
 In the case of one Mexican exporter , to whom an adjustment to the export prices
had been accorded in respect of " bank charges " for the provisional calculation
of the dumping margin , additional           information showing that these expenses were
not in fact bank charges led the Commission to reconsider the adjustment .
Requests for additional adjustments in respect of commissions paid to salesmen
and of certain credit and domestic freight costs were also turned down on the
grounds that the evidence presented was either In flagrant contradiction with
 the findings of the Investigation or insufficient .
 ( c ) Taiwan
9 . A further request was made for adjustment in respect of hedging of exchange
 rates but no new arguments were presented The Council therefore agrees with the
Commission 's conclusions rejecting this request                In the third paragraph of
 recital 18 of Regulation ( EEC ) No 1695 / 88 .
                                                                                              À0
 ---pagebreak---                                              6
( d ) Turkey
10 .   A  renew request    from one exporter    for  an adjustment     In    respect  of  the
refinancing by      International  banks of sums owing to him abroad , when he had
already been accorded adjustments In respect of credit costs for export sales ,                 *
was not accepted .      The request , made under Article 2(10 ) ( c )( I i i ) of Regulation
( EEC ) No 2423 / 88 , was rejected on the grounds that the article did not provide             ■
for adjustment on such grounds .
Nor was any adjustment accorded pursuant to Article            ( 2)(10)(b ) of Regulation
( EEC ) No 2423 / 88 concerning the refunding of import charges to which a product
exported to the Community is subject because the firms concerned had either made
their request too late or not presented satisfactory evidence .
( 4 ) Dumping margins
11 . The dumping margin calculated for each exporter was equal to the difference
between normal value and the price on export to the Community , duly adjusted .
The weighted average dumping margins           for  each of   the exporters        concerned ,
adjusted to f ree-at -Commun i ty-f ront ier prices , are as follows :
( a ) Korea
- Kohap Ltd , Seoul                                 PTY     8.13%
- Kolon Industries Inc ., Seoul                     PTY     5.71%
                                                    POY     0.02%
- Sam Yang Co . Ltd , Seoul                         PTY     3.38%
- Tong Yang Polyester Co>. Ltd , Seoul              PTY     4.09%
 ( b ) Mexico
- Celanese Mexicana S. A. , Mex Ico City            PTY    15.85%
                                                    POY     4.43%
 - Fibras Sintéticas S. A. de C.V. ,                PTY    26.74%
    Mexico City
 - Fibras Químicas S. A. , Monterrey                PTY     5.79%
 - Nylon de Mexico S.A. , Monterrey                 POY    15.80%
 - Kimex S.A. , Mexico City                         PTY    18.72%
                                                                                               U
 ---pagebreak---  ( c ) Taiwan
 - Chung Shing Textile Co . Ltd , Taipei            PTY      1 . 67%
- Far Eastern Textile Ltd , Talpel                  PTY      6.21%
                                                    POY      0.09%
- Nan Ya Plastics Corp ., Talpel                    PTY      4.92%
                                                    POY      0.52%
- Shin Kong Synthetic Fibres Corp. , Taipei         PTY      4.96%
                                                    POY     22.11%
- Tuntex Distinct Corp ., Talpel                    PTY      0.31%
                                                    POY      0.00%
 ( d ) Turkey
- Nergls A.S. , Bursa                               PTY     38.50%
- Poly len A.S. , Bursa                             PTY     27.60%
- Sasa Artificial & Synthetic Fibres Inc .,         PTY     11.13%
    Adana
                                                    POY      2.67%
- Sifas Sentetik Iplik Fabrikalari A.S.             PTY     17.34%
    Bursa
- Sonmez Filament A.S. , Bursa                      PTY     13.18
D.    Injury
12 .    In  Regulation  ( EEC ) No 1695 / 88 the Commission described       the effect    of
imports at dumping prices on Community Industry , notably as regards volume ,
prices , market share and profitability .       It explained that to do this ,       imports
from the various countries involved In the proceeding had to be aggregated .
On this point       it was claimed that the figures given           In recital   26 of the
Regulation were not correct In that they did not indicate the use of POY In the
product Ion of PTY .
Since no data were available to Identify the proportion of POY                 In Community
production and consumption ,       the Commission used production and consumption
figures drawn from data relating to PTY only .          The data took Into account the
internal use of POY to make PTY .
 ---pagebreak---                                               8
In these circumstance , and with no new evidence forthcoming , the Council upholds
the findings presented in recitals 24 to 32 of Regulation ( EEC ) No 1695 / 88 .
The Commission considered whether Community producers having links with Mexican
exporters should be excluded when establishing Injury , pursuant to Article 4(5 )
of Regulation ( EEC ) No 2423/ 88 .
Since the purpose of this article Is to exclude Community producers that might
complain about companies from which they derived profit , the Council notes that
none    of   the  Community   producers    Import   polyester   yarn   from  the  exporting
companies concerned , that the latter act as autonomous economic entitles , that
the volume of exports to the Community            is small   , that one of the Community
producers     has only    indirect    links with    an exporting   company   and   that  the
Community producers concerned are not protected against the unfair practices of
other exporting companies .
For    these   reasons , and   In view of    the   fact  that  the   links between   certain
Community producers and exporting companies should not lead to these producers
being deprived of protection against unfair practices , the Council              finds that
the Community producers concerned should not be excluded from the proceeding .
( 1 ) Product comparability
13 .   Exporters    challenged    the  validity   of   the  comparison made    between   the
polyester yarn produced by their companies and those of Community producers ,
arguing that they were not similar products , notably as regards quality , that
they were not used for the same purposes and that they were not Interchangeable
with Community products .       These arguments were not accepted since the Commission
believes that the requirement that a product
                                                                                             43
 ---pagebreak---                                          - 9 -
be similar to an Imported product should not be Interpreted narrowly , and that
only fundamental differences In quality or use are grounds for considering that
a product Is not similar to another .
 In this case the physical characteristics of the products are very similar and
the use made of lower-quality polyester yarn Is not wholly different from the
use made of those of supposedly better quality .
The Council therefore considers that the alleged differences In quality and use
are not sufficient to Justify a distinction being made between these products .
( 2 ) Causa 1 1 ty
14 .   In recital 33 of Regulation ( EEC ) No 1695 / 88 the Commission established a
causal link between the Injury suffered by Community producers and the Imports
sold at dumping prices .
However , a number of exporters argued that their polyester yarn exports to the
Community were either small or diminishing In volume , and so could not have
contributed to the Injury .
Under the Regulation ( EEC ) No 2423/ 88 Injury may still be caused even If the
volume of       each Individual exporter  Is very small .   This argument   does not
therefore Justify the exclusion of these exporters from the proceeding .
In these circumstances , and In the absence of any fresh evidence in respect of
the arguments set out In recital 33 of Regulation ( EEC ) No 1695 / 88 , the Council
upholds the findings and conclusions presented by the Commission In that
rec I ta I .
 ---pagebreak---                                               10
t . Quai . t 'tatlve restrictions and ant I -dump I no measures
 15 . As regards the existence of quantitative restrictions on Imports into Spain
 and Italy of polyester yarn originating In Korea , and on Imports into Spain of
 polyester yarn originating In Taiwan , It was argued that the Imposition of an
 anti-dumping duty on polyester yarn Imports from these countries on top of the
 quantitative restrictions was        Incompatible with Article XIX of      the GATT and
 paragraph 6 of the fourth Multifibre Arrangement ( MFA IV ).
 The Council finds that , contrary to what was argued , neither Community law nor
 international rules - notably the MFA - prohibit the Imposition of anti-dumping
 duties ,     customs   duties or  any other     measure   affecting Imports   subject  to
 quantitative restrictions provided It Is established that Injury has been caused
 despite the restrictions .
 As to the wisdom of applying such measures In this case , the Council notes that
 as far as the overall Community Industry Is concerned , even if the volume of
 polyester yarn       imports of Korean and Taiwanese origin is small , the       level of
 undercutting involved is as much as 30% In the case of polyester yarn from Korea
 and 38% in that of polyester yarn from Taiwan .
 In these circumstances , the Council finds that the Community industry has been
 exposed to unfair competition from these countries .
 The Council      notes that substantial undercutting has occurred with regard to
 Imports Into Spain and Italy : up to 35% In Italy and 41% In Spain in the case of
Korean polyester yarn , and 33% In Spain In the case of Taiwanese polyester yarn .
The quantitative restrictions Introduced for these countries have therefore not
 protected them from unfair price competition nor prevented injury .          It Is should
 also be pointed out that these countries' producers suffered serious financial
 losses In the reference period .
 ---pagebreak---                                          11
The Council therefore believes that the imposition of anti-dumping measures on
imports from Korea and Taiwan Is necessary .
F. Community interest
16 . Certain importers and users have argued that the Community producers behaved
as if they were members of a cartel , Insofar as high prices were charged ,
difficulties In obtaining supplies were noted , and a certain segmentation of the
Community fibres market was set up . However , no element of proof to support
these arguments has been advanced which would allow the Commission to open an
 investigation under the Community competition rules .
 in these circumstances , in view of the serious difficulties facing the Community
 industry concerned ,   the Commission concluded that    it was    in the Community
 Interest   to  take appropriate steps  to stop   the  injury caused   to Community
polyester yarn producers .    These measures , which would have fairly negligible
effects on the production costs of the user Industry and no serious consequences
for consumers , should take the form of a definitive anti-dumping duty .
The Council    therefore confirms that  It  Is In the Community Interest to adopt
definitive anti-dumping measures In respect of Imports originating In the four
exporting countries named in this proceeding .
G. Définit ive duty
17 . Arguments were advanced concerning the way that differences in the
production of POY and PTY had been taken Into account . It is confirmed that the
Commission has as far as possible taken these differences Into account , notably
 as regards production costs , price comparison and the calculation of the Injury
 threshold .
 The Council upholds the Commission 's conclusions concerning both the method used
 for the establishment of the duty to be applied and the form of the duty , as
 described In recitals 35 and 36 of Regulation ( EEC ) No 1695/88 .
 ---pagebreak---                                              12 -
H . Collection of the provisional duty
19 .  In view of the dumping margins recorded and the injury caused , the Council
believes that the amounts secured by the provisional anti-dumping duty should be
definitively collected ,   either    In their entirety or up to the maximum duty
definitively imposed if the definitive duty is lower than the provisional duty .
The balance remaining after the definitive duties have been covered shall         be
released ,
HAS ADOPTED THIS REGULATION :
                                        Article 1
1 . A definitive anti-dumping duty Is hereby Imposed on imports of non-textured ,
partially oriented polyester      yarn   ( POY )  falling within CN code 5402 42 00 ,
originating In Mexico , Taiwan or Turkey .
2.   The amount of the duty , calculated on the basis of the f ree -at -Commun I ty-
frontier price of the product , not cleared through customs , shall be :
- 15.8% for POY originating In Mexico , excluding yarn produced and sold for
export to the Community by Celanese Mexicans S.A. , Mexico City , which shall not
be subject to such a duty ;
- 8.7% for POY originating       in Taiwan , excluding yarn produced and sold for
export to the Community by the following firms , which shall not be subject to
duty :
       Far Eastern Textile Ltd , Taipei
       Nan Ya Plastics Corp. , Taipei
       Tuntex Distinct Corp. , Ltd , Taipei
- 2.7% for POY originating in Turkey .
3 . The provisions in force concerning customs duties shall apply .
                                                                                      -/?
 ---pagebreak---                                               13 -
                                          Article 2
   1 . A definitive anti-dumping duty is hereby Imposed on Imports of textured
   polyester yarn ( PTY ) falling within CN codes 5402 33 10 and 5402 33 90 ,
   originating in Mexico , South Korea , Taiwan or Turkey .
   2 . The amount of the duty , calculated on the basis of the free-at - Community-
   frontier price of the product , not cleared through customs , shall be :
   - 8.1% for PTY originating In South Korea .
   - The following duties shall be applicable to PTY produced and sold for export
 to the Conmunity ^
V by the companies listed below :
         Kohap Ltd , Seoul                                   8.1%
         Kolon Industries Inc ., Seoul                       5.7%
         Sam Yang Co . Ltd , Seoul                           3.4%
         Tong Yang Polyester Co . Ltd , Seoul                4.1%
   - 26.7% for PTY originating In Mexico .      The following duties shall be applicable
   to PTY produced and sold for export to the Community by the companies listed
   below :
          Ce láñese Mexicana S.A. , México City             15.9%
          Fibras Químicas S.A. , Monterrey                   5.8%
          Kimex S.A. , Mexico City                          18.7%
    - 6.2% for PTY originating In Taiwan . The following duties shall be applicable
    to PTY produced and sold for export to the Community by the cgmpanles listed
    below :
          Chung Shing Textile Co . Ltd , Taipei              1.7%
          Nan Ya Plastics Corp ., Taipei                     4.9%
          Shinkong Synthetic Fibres Corp. , Taipei           5.0%
    Tuntex Distinct Corp. shall be exempted from the duty referred to above .
 ---pagebreak---                                             14
- 13.2% for PTY originating in Turkey .      The following duties shall be applicable
to PTY produced and sold for export to the Community by the companies listed
below :
      Sasa Artificial and Synthetic Fibres Inc .,          11.1%
      Adana
      Nergis A.S. , Bursa                                    8.6%
      Sifas Sentetik Iplik Fabrikalarl A.S. , Bursa          7.2%
      Polylen A.S. , Bursa                                   7.2%
3 . The provisions In force concerning customs duties shall apply .
                                        Article 3
The   securities     lodged  In respect   of   the   provisional   anti-dumping  duty  In
accordance with Regulation ( EEC ) No 1695 / 88 shall be definitively collected ,
either In their entirety or up to an amount not exceeding the rates specified In
this    Regulation .   The  balance  of   these    securities   after   coverage  of  the
definitive duties shall be released .
                                        Art Icle 4
This Regulation shall enter Into force on the day following Its publication In
the Official Journal of the European Contmnlties .
This Regulation shall be binding In Its entirety and directly applicable In all
Member States .
Done at Brussels ,                                  For the Councll