17.3.2005 Official Journal of the European Union L 71/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 428/2005 of 10 March 2005 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the People’s Republic of China and Saudi Arabia, amending Regulation (EC) No 2852/2000 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the Republic of Korea and terminating the anti-dumping proceeding in respect of such imports originating in Taiwan THE COUNCIL OF THE EUROPEAN UNION, — Shingkong Synthetic Fibres Co. 13,0% Having regard to the Treaty establishing the European — All other companies 13,0% Community, Republic of Korea Having regard to Council Regulati(?n (EC) No 3.84/96 of 22 — Dachan Synthetic Fibre Co. Ltd. 0% December 1995 on protection against dumped imports from countries not members of the European Community (') (‘Basic — Huvis C i 489% Regulation’), and in particular Articles 9 and 11(3) thereof, uvis Lorporation e —_ 0, Having regard to the proposal submitted by the Commission SK Global Co. Ltd. +8% after consulting the Advisory Committee, — Sung Lim Co. Ltd. 0% Whereas: — All other companies 20,2% A. PROCEDURE 1. MEASURES IN FORCE (1)  In July 1999, by Regulation (EC) No 1728/1999 (3), the Council imposed definitive anti-dumping duties on imports of polyester staple fibres (‘PSF) originating in Taiwan. (20 In December 2000, by Regulation (EC) No 2852/2000 (}), the Council imposed definitive anti- dumping duties on imports of polyester staple fibres originating, inter alia, in the Republic of Korea. (3)  The level of the definitive anti-dumping duties established for the exporting producers in the Republic of Korea and Taiwan subject to the above mentioned investigations, expressed as a percentage of the CIF frontier value, was as follows: Taiwan — Far Eastern Textile Ltd. 6,8% — Nan Ya Plastics Corporation 5,9% (") OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12). () OJ L 204, 4.8.1999, p. 3. () O] L 332, 28.12.2000, p. 17. () 0) 0] 0 2. PRESENT INVESTIGATIONS On 19 December 2003, the Commission announced by a notice (notice of initiation’) published in the Official Journal of the European Union (%), the initiation of an anti- dumping proceeding with regard to imports into the Community of polyester staple fibres originating in the People’s Republic of China (PRC) and Saudi Arabia. On the same day, pursuant to Article 11(3) of the Basic Regulation, the Commission announced by a notice published in the Official Journal of the European Union (°) the initiation of an interim review of the definitive anti- dumping duties imposed by Council Regulations (EC) No 1728/1999 and (EC) No 2852/2000 on imports of PSF originating in the Republic of Korea and Taiwan. The anti-dumping investigations were initiated following a complaint and a request lodged on 10 November 2003 by the Comité International de la Rayonne et des Fibres Synthétiques (‘CIRFS’ or ‘the complainant’) on behalf of producers representing a major proportion, in this case more than 40 %, of the Community production of PSF. The complaint contained evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of the proceedings. C 309, 19.12.2003, p. 6. C 309, 19.12.2003, p. 2.