17. 12. 88 Official Journal of the European Communities No L 348/49 COUNCIL REGULATION (EEC) No 3946/88 of 16 December 1988 imposing a definitive anti-dumping duty on imports of synthetic fibres of polyesters originating in Mexico, Romania, Taiwan, Turkey the United States of Ameg'ica or Yugoslavia : 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 (*), 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 (3, and .in the absence of a decision by the said Association Council, Having notified the EEC-Yugoslavia Cooperation Council in accordance with Articles 35 and 38 of the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (), Having regard to the proposal from the Commission, submitted after consultations within the Advisory Committee set up under the said Regulation, Whereas : A. PROVISIONAL MEASURES (1)  Under Regulation (EEC) No 1696/88(*), the Commission imposed a provisional anti-dumping duty on imports of synthetic fibres of polyesters originating in Mexico, Romania, Taiwan, Turkey, the United States of America or Yugoslavia. This duty was extended for a period not to exceed two months by Regulation (EEC) No 3170/88 (%). B. SUBSEQUENT PROCEDURE () Following the imposition of the provisional anti-dumping duty, Community producers and a number of exporters, importers and users of the ' product’ in question applied to be heard by the Commission and hearings were granted. Community producers, most exporters and certain importers and users also expressed their views on () OJ No L 209, 2. 8. 1988, p. 1. ) OJ No L 293, 29. 12. 1972, p. 3. % OJ No L 41, 14. 2. 1983, p. 1. () OJ No L 151, 17. 6. 1988, p. 47. () OJ No L 282, 15. 10. 1988, p. 27. \ &) @ the Regulation imposing the provisional duty in writing. ' ) Certain exporters and importers 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 complied with these requests. ’ C. DUMPING 1. Normal value I. Overall method -In the case of Mexico, Taiwan, Turkey and the United States, the 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. During the months where there were no sales on the internal market of a certain type of exported product, the weighted average of domestic sales for the other months was used. Where there were no substantial domestic sales of a given type of product, either the internal market price of the nearest type or alternatively the constructed value was used. Where substantial quantities of the domestic sales of a given product were 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 overall profits made on sales of similar products by the producer concerned. II. The specific cases below should be noted: (@) United States In the case of some American dealers, constructed value was calculated definitively on the basis of the prices which the dealers actually paid the producers, plus a reasonable margin to cover their expenses and a profit margin established on the basis of their sales of similar products.