No L 9/2 Official Journal of the European Communities 15. 1. 93 COUNCIL REGULATION (EEC) No 54/93 of 8 January 1993 ° imposing a definitive duty on imports of synthetic fibres of polyesters originating in India and the Republic of Korea 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 proposal by the Commission after consultation within the Advisory Committee as provided for under the above Regulation, Whereas : A. Provisional measures (1) The Commission, by Regulation (EEC) No 1956/92(%), imposed a provisional anti- dumping duty on imports into the Community of synthetic fibres of polyesters (hereafter referred to as PSF) originating in India and the Republic of Korea (hereafter. Korea) and falling within CN code 5503 20 00. The duty was extended for a maximum period of two months by Council Regulation (EEC) No 3264/92 (3. - B. Subsequent procedure (2  Following the imposition of the provisional anti- dumping duty, most of the exporting producers mentioned by name in Regulation (EEC) No 1956/92, as well as the complainant, requested and were granted an opportunity to be heard by the Commission. They also made written submissions making their views known on the provisional findings. (3) 'The Commission continued to seek and verify all information it deemed to be necessary for its deter- minations. Upon request, the parties were informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive anti-dumping duties and the definitive collection of amounts secured by way of a provisional duty. They were also granted a period within which to make representations subse- () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 197, 16. 7. 1992, p. 25. () O No L 326, 12. 11. 1992, p. 2. ) ©) (6) 9] quent to these discolusures. Their oral and written comments were considered and, where appropriate, the Commission’s findings were modified to take account of them. ' Owing to the complexity of the proceeding, and the numerous arguments put forward, the investiga- tion could not be concluded within the time limit provided for in Article 7 (9) (a) of Regulation (EEC) No 2423/88. : C. Product under consideration, like product, Community industry In its provisional findings, as set out in recitals 7 and 8 of Regulation (EEC) No .1956/92, the Commission concluded that although there were several types of PSF having various features in order to meet specific needs, their basic physical charac- teristics, application and use were the same. The argument was however raised by a group of im- porters that PSF used for filling have characteristics different from the others. The Commission recalls that all types of PSF show in general the same physical characteristics and can only be differentiated at the downstream stage of processing. In addition, PSF destined for filling cannot be distinguished from the others since they all derive from the same chemical reaction. For these reasons the similarities of both types of PSF outweigh by far their differences. Besides, the es- tablishment of such distinction between those types of PSF would in fact pave the way for circum- vention of anti-dumping measures. The Council confirms the above conclusion as well as the findings of the Commission regarding the like product and the Community industry set out in recitals 9 and 10 of Regulation (EEC) No 1956/92, since there was no comment by the interested parties in this respect. D. Dumping 1. Normal value ‘ For the purpose of definitive findings, normal value was in general established on the basis of the same methods as those used in the provisional deter- mination of dumping, after taking into considera- tion new facts and arguments presented by the parties.