27. 3. 92 Official Journal of the European Communities No L 82/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 738/92 of 23 March 1992 imposing a definitive anti-dumping duty on imports of cotton yarn originating in Brazil 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 subsi- dized imports from countries not members of the Euro- pean Economic Community(), and in particular Article 12 thereof, Having regard to the fact that the Commission applied on 18 December 1991 to the EEC-Turkey Association Council, pursuant to Article 47 (1) of the Additional Protocol to the Agreement establishing an Association between the European Economic Community and Turkey (}) and that the Association Council has taken no decision in this respect, within the time limit referred to in Article 47 (2) of that Protocol, Having informed the EEC-Turkey Association Council, pursuant to Article 47 (2) of the above Additional Protocol, Having regard to the proposal from the Commission, submitted after consultation within the Advisory Committee as provided for under the above Regulation, Whereas : A. PROVISIONAL MEASURES () The Commission, by Regulation (EEC) No 2818/91(%), imposed a provisional anti- dumping duty on imports into the Community of cotton yarn originating in Brazil, Egypt and Turkey - and terminated the anti-dumping proceeding in respect of this product originating in India and Thailand. The Council, by Regulation (EEC) No 171/92 (%), extended this duty for a period not exceeding two months. () OJ No L 209, 2. 8. 1988, p. 1. ) OJ No L 293, 29. 12. 1972, p. 4. () OJ No L 271, 27. 9. 1991, p. 17. () O No L 18, 25. 1. 1992, p. 33. @ (C) “@ ) 6 B. SUBSEQUENT PROCEDURE Following the imposition of the provisional anti- dumping duty, the interested parties who so requested were granted an opportunity to be heard by the Commission. They also made written submissions making known their views on the findings. Parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of defini- tive duties and the definitive collection of amounts secured by way of a provisional duty. They were also granted a period within which to make repre- sentations subsequent to the disclosure. The oral and written comments submitted by the parties were considered and, where appropriate, the Commission’s findings were modified to take account of them. Certain producers of cotton yarn in the exporting countries concerned made themselves known and indicated that they had not exported cotton yarn to the Community during the reference period, but had since started such exports or had the intention of doing so. These companies asked the Commis- sion to take their particular situation into consid- eration. Due to the complexity of the procedure and the other reasons indicated in recital (11) of Regulation (EEC) No 2818/91, the investigation could not be concluded within the time period mentioned in Article 7 (9) (a) of Regulation (EEC) No 2423/88. C. PRODUCT UNDER CONSIDERATION In its provisional findings (recitals (4) to (6) of Regulation (EEC) No 2818/91) the Commission found that although there are various types of cotton yarn, differing namely in thickness, they have physical characteristics closely resembling each other and are manufactued using essentially the same technology and the same type of equip- ment. Moreover, they have a high degree of inter-