No L 102/14 Official Journal of the European Communities 19. 4. 97 COMMISSION REGULATION (EC) No 693/97 of 18 April 1997 initiating an investigation concerning the alleged circumvention of Council Regulation (EC) No 1490/96 on imports of polyester staple fibre originating in Belarus by imports of synthetic filament tow of polyester for conversion in the European Community and making the latter imports subject to registration THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Com- munity ('), as amended by Regulation (EC) No 2331/596 (), and in particular Articles 13 and 14 thereof, After consulting the Advisory Committee, Whereas: A. REQUEST The Commission has received a request pursuant to Article 13 (3) of Council Regulation (EC) No 384/96 (hereafter ‘the Basic Regulation’): — to investigate the alleged circumvention of the anti-dumping duties, imposed by Council Regulation (EC) No 1490/96 (*) on imports of polyester staple fibre (hereafter ‘PSF’) origin- ating in Belarus, by imports of polyester fila- ment tow (hereafter ‘PFT’) originating in Belarus which would subsequently be converted in the Community into PSF, — to make imports of such PFT subject to regis- tration by the customs authorities pursuant to Article 14 (5) of the Basic Regulation, and — to propose to the Council the extension, where justified, of the above anti-dumping duties to imports of this PFT. B. APPLICANTS The request was lodged on 4 March 1997 by the International Committee of Rayon and Synthetic Fibres (CIRFS) on behalf of Community producers () OJ No L 56, 6. 3. 1996, p. 1. % OJ No L 317, 6. 12. 1996, p. 1. () OJ No L 189, 30. 7. 1996, p. 13. G) ® ) whose collective output is alleged to represent over 90 % of the total Community production of PSF. C. PRODUCT The like product, through the importation and conversion of which the alleged circumvention is taking place, is PFT, falling within CN code 5501 20 00, which is used for conversion in the Community into PSF which is currently classifiable within CN code 5503 20 00. The request alleges that this conversion consists of a simple process of mechanical cutting of PFT into PSF and that the PFT originating in Belarus is exclusively used for conversion into PSF. The CN codes mentioned are given for information only and have no binding effect on the classification of the products. D. EVIDENCE The request contains sufficient evidence, in accord- ance with Article 13 of the Basic Regulation, that the anti-dumping measures on imports of PSF originating in Belarus are being circumvented by means of imports of PFT originating in this country which are used in conversion operations in the Community which could be characterized as practices for which there seems to be insufficient due cause or economic justification other than the imposition of the anti-dumping duty. The evidence is as follows: (2) A clear change has taken place in the pattern of trade between Belarus and the Community, particularly since March 1996 when the provi- sional anti-dumping measures on PSF from Belarus entered into force. In this respect, the request points out that imports into the Community of PSF from Belarus decreased from 3979 tonnes in the period January to February 1996 to 338 tonnes in the period March to August 1996 (ie. a decrease of 91,5 %), whereas during the same periods imports of PFT from Belarus increased from 99 tonnes to 2943 tonnes (i.e. an increase of