12.5.2000 Official Journal of the European Communities L113/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 978/2000 of 8 May 2000 imposing a definitive countervailing duty on imports of synthetic fibres of polyester originating in Australia, Indonesia and Taiwan 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) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (!), and in particular Article 15 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. PROVISIONAL MEASURES AND TERMINATION By Commission Regulation (EC) No 123/2000 (?) (here- inafter referred to as ‘the provisional duty Regulation’) provisional countervailing duties were imposed on imports into the Community of polyester staple fibres (hereinafter ‘PSF) falling within CN code 5503 20 00 and originating in Australia and Taiwan and the proceeding covering the same product originating in the Republic of Korea and Thailand was terminated. In the absence of conclusive evidence of subsidisation no provisional countervailing measures were imposed on imports of PSF originating in Indonesia. Nevertheless it was decided to continue the investigation into the imports from that country concerning notably the treat- ment of non-cooperating companies and the establish- ment of the countrywide margin of subsidisation. As a result of a parallel anti-dumping investigation, provisional anti-dumping duties were imposed under Commission Regulation (EC) No 124/2000 () on imports into the Community of PSF originating in Australia, Indonesia and Thailand. 88, 21.10.1997, p. 1. J L2 J L 16, 21.1.2000, p. 3. J L1 6, 21.1.2000, p. 30. 2. SUBSEQUENT PROCEDURE Subsequent to the imposition of provisional counter- vailing duty, several parties submitted comments in writing. In accordance with the provisions of Article 11(5) of Regulation (EC) No 2026/97 (hereinafter referred to as the ‘basic Regulation’), all interested parties who requested a hearing were granted such a hearing. The Commission continued to seek and verify all infor- mation deemed necessary for its definitive findings. All parties were informed of the essential facts and considerations on the basis of which it is intended to recommend the imposition of definitive countervailing duties on imports of PSF originating in Australia, Taiwan and Indonesia. They were also granted a period within which they could make representations subsequent to this disclo- sure. The oral and written comments submitted by the inter- ested parties were considered and, where deemed appro- priate, taken into account for the definitive findings. B. PRODUCT CONCERNED AND LIKE PRODUCT The product concerned is synthetic staple fibres of poly- esters, not carded, combed or otherwise processed for spinning, which is currently classifiable under CN code 5503 20 00. It is commonly referred to as polyester staple fibres (PSF). As no comments were received following disclosure of provisional findings regarding the definition of the product concerned and the like product, the conclusions of recitals 10 to 12 of the provisional duty Regulation are hereby confirmed. C. SUBSIDIES The findings made in the provisional duty Regulation concerning the countervailable subsidies obtained by the exporting producers are hereby definitively confirmed, unless it is expressly found otherwise in this Regulation.