No L 347/10 Official Journal of the European Communities 16. 12. 88 COUNCIL REGULATION (EEC) No 3905/88 of 12 December 1988 imposing a definitive anti-dumping duty on imports of polyester yarn originating in Mexico, South Korea, Taiwan 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 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 regard to the proposal from the Commission, submitted after consultations within *the Advisory Committee set up under Regulation (EEC) No 2423/88, Whereas : A. PROVISIONAL MEASURES (1) Under Regulation (EEC) No 1695/88 (%), as amended by Regulation (EEC) No 2871/88 (¥), the Commission imposed a provisional anti-dumping duty on imports of partially oriented polyester yarn (POY) and textured polyester yarn (PTY) originating in Mexico, South Korea, Taiwan and Turkey. POY is a feeder yarn used in the main for the production of PTY which, in turn, is used to produce fabrics of polyester or of cotton and polyester. The duty was extended for a period not exceeding two months by Regulation (EEC) No 3171/88 (). B. SUBSEQUENT PROCEDURE (2) = Following the imposition of the provisional anti-dumping duty, Community producers and a number of exporters of the product in question applied to be heard by the Commlssnon and hearmﬁs were granted. () OJ No L 209, 2. 8.°1988, p. 1. %) OJ No L 293, 29. 12. 1972, p. 3. % OJ No L 151, 17. 6. 1988, p. 39. 9 OJ No L 257, 17. 9. 1988, p. 24. () OJ No L 282, 15. 10. 1988, p. 28. 3 Community producers and some exporters also expressed their views on the Regulation imposing the provisional duty in writing. Certain exporters asked the Commission to inform them of the main facts and consideration on the basis of which the Commission proposed to recommend definitive measures. The Commission complied with these requests. C. DUMPING 1. Normal value (a) Korea, Tatwan and Mexico In general, 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 domestic sales of a type of product exported to the Community, or where, if they existed, they were insufficient, the internal market price of the most similar type of product or alternatively the constructed value was used. Where a substantial volume of domestic sales of a given type of product was 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 profits made on the domestic sales of the product concerned, POY or PTY, or on total sales of polyester yarn by the exporting company concerned. In the case of one Korean exporter and some Mexican exporters, normal value was established, at their request, on the basis of domestic prices net of all discounts and rebates directly linked to the sales under consideration, pursuant to Article 2 (3) (a) of Regulation (EEC) No 2423/88, after evidence, deemed to be convincing, had been adduced.