21.1.2000 Official Journal of the European Communities L16/3 COMMISSION REGULATION (EC) No 123/2000 of 20 January 2000 imposing a provisional countervailing duty on imports of polyester staple fibres (PSF) originating in Australia and Taiwan and terminating the anti-subsidy proceeding concerning imports of PSF originating in the Republic of Korea and Thailand THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (!), and in particular Article 12 thereof, After consulting the Advisory Committee, Whereas: () ) 0] 0] A. PROCEDURE In April 1999 the Commission announced by a notice (hereinafter referred to as a ‘notice of initiation’) published in the Official Journal of the Communities (?), the initiation of an anti-subsidy proceeding with regard to imports in to the Community of polyester staple fibres (hereinafter referred to as ‘PSF) originating in Australia, Indonesia, the Republic of Korea (hereinafter referred to as ‘Korea’), Taiwan and Thailand and commenced an investigation. The proceeding was initiated as a result of a complaint lodged by the International Rayon and Synthetic Fibres Committee on behalf of Community producers repre- senting a major proportion of Community production of PSF. The complaint contained evidence of subsidisa- tion of the said product, and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. Prior to the initiation of the proceeding and in accord- ance with Article 10(9) of Regulation (EC) No 2026/97 (hereinafter referred to as the ‘basic Regulation’), the Commission notified to the Governments of Australia, Indonesia, Korea, Taiwan and Thailand that it had received a properly documented complaint alleging that subsidised imports of PSF originating in Australia, Indo- nesia, Korea, Taiwan and Thailand are causing material injury to the Community industry. These Governments were invited for consultations with the aim of clarifying the situation as regards the contents of the complaint and arriving at a mutually agreed solution. The Govern- ments of Australia, Indonesia, Korea, Taiwan and Thai- land accepted the offers of consultation which were held with the Commission on 7 April, 29 March, 7 April, 25 March and 9 April 1999, respectively. Due note was L 288, 21.10.1997, p. 1. C 111, 22.4.1999, p. 3. taken of the comments made in regard to the allegations contained in the complaint regarding subsidised imports and material injury being suffered by the Community industry. The Commission officially advised the Community producers, exporting producers, importers and users known to be concerned, the representatives of the exporting country and the complainant of the initiation of the proceeding. The parties concerned had the oppor- tunity to make their views known in writing and to request a hearing. The Governments of Australia, Indonesia, Korea, Taiwan and Thailand, a number of exporting producers as well as complainant Community producers, Community users and importers made their views known in writing. All parties so requested within the time limits set in the notice of initiation were granted a hearing. The Commission sent questionnaires to all parties known to be concerned and received replies from the Governments of Australia, Indonesia, Korea, Taiwan and Thailand from seven complaining Community produ- cers, three users in the Community and exporting producers in all countries concerned. The Commission sought and verified all the information it deemed necessary for the purpose of a preliminary determination of subsidisation and injury, and carried out, as appropriate, investigations at the premises of the following companies: (a) Community producers — Dupont De Nemours GmbH, Frankfurt, Germany — Trevira GmbH & Co KG, Frankfurt, Germany — Wellman International Ltd, Mullagh, Kells, Co. Meath, Ireland — Catalana de Polimers, Barcelona, Spain — Montefibre SpA, Milano, Italy (b) Government of Australia — Department for Foreign Affairs and Trade — Australian Taxation Office — Department of Industry, Science and Resources — Australian Trade Commission — Department of State Development (State Govern- ment of Victoria) (c) Exporting producer in Australia — Leading Synthetics Pty Ltd, Melbourne, Victoria