Article 1 
1. A definitive anti-dumping duty is hereby imposed on imports of polyester textured filament yarn falling within CN code 5402 33 00 originating in India. 2. The rate of the definitive anti-dumping duty applicable to the net-free-at-Community-frontier-price, before duty, for products manufactured by the companies listed below shall be as follows: >TABLE> 3. Unless otherwise specified, the provisions in force concerning custom duties shall apply. Article 2 Where any new exporting producer in India provides sufficient evidence to the Commission that: - it did not export to the Community the product described in Article 1(1) during the investigation period (1 October 2000 to 30 September 2001), - it is not related to any of the exporters or producers in India which are subject to the anti-dumping measures imposed by this Regulation, - it has actually exported to the Community the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community, the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(2) by adding the new exporting producer to the companies subject to the weighted average duty rate of 3,7 % listed in that Article. Article 3 Amounts secured by way of provisional anti-dumping duty pursuant to Regulation (EC) No 1412/2002 on imports of polyester textured filament yarn falling within CN code 5402 33 00 originating in India shall be definitively collected at the rate of the duty definitively imposed by the present Regulation. Amounts secured in excess of the rates of the definitive anti-dumping duty shall be released. Article 4 This Regulation shall enter into force on the day following that of 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, 26 November 2002. For the Council The President B. Bendtsen (1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1). (2) OJ L 205, 2.8.2002, p. 50. (3) OJ L 205, 2.8.2002, p. 26. (4) OJ L 288, 21.10.1997, p. 1. (5) See page 21 of this Official Journal. (6) European Commission, Directorate General for Trade, Directorate B, J-79 5/17, B-1049 Brussels.
Article 2 
Where any new exporting producer in India provides sufficient evidence to the Commission that: - it did not export to the Community the product described in Article 1(1) during the investigation period (1 October 2000 to 30 September 2001), - it is not related to any of the exporters or producers in India which are subject to the anti-dumping measures imposed by this Regulation, - it has actually exported to the Community the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community, the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(2) by adding the new exporting producer to the companies subject to the weighted average duty rate of 3,7 % listed in that Article. Article 3 Amounts secured by way of provisional anti-dumping duty pursuant to Regulation (EC) No 1412/2002 on imports of polyester textured filament yarn falling within CN code 5402 33 00 originating in India shall be definitively collected at the rate of the duty definitively imposed by the present Regulation. Amounts secured in excess of the rates of the definitive anti-dumping duty shall be released. Article 4 This Regulation shall enter into force on the day following that of 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, 26 November 2002. For the Council The President B. Bendtsen (1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1). (2) OJ L 205, 2.8.2002, p. 50. (3) OJ L 205, 2.8.2002, p. 26. (4) OJ L 288, 21.10.1997, p. 1. (5) See page 21 of this Official Journal. (6) European Commission, Directorate General for Trade, Directorate B, J-79 5/17, B-1049 Brussels.
Article 3 
Amounts secured by way of provisional anti-dumping duty pursuant to Regulation (EC) No 1412/2002 on imports of polyester textured filament yarn falling within CN code 5402 33 00 originating in India shall be definitively collected at the rate of the duty definitively imposed by the present Regulation. Amounts secured in excess of the rates of the definitive anti-dumping duty shall be released. Article 4 This Regulation shall enter into force on the day following that of 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, 26 November 2002. For the Council The President B. Bendtsen (1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1). (2) OJ L 205, 2.8.2002, p. 50. (3) OJ L 205, 2.8.2002, p. 26. (4) OJ L 288, 21.10.1997, p. 1. (5) See page 21 of this Official Journal. (6) European Commission, Directorate General for Trade, Directorate B, J-79 5/17, B-1049 Brussels.
Article 4 
This Regulation shall enter into force on the day following that of 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, 26 November 2002