29. 5. 96 Official Journal of the European Communities No L 128/3 COMMISSION REGULATION (EC) No 940/96 of 23 May 1996 imposing a provisional anti-dumping duty on imports of polyester textured filament yarn originating in Indonesia and Thailand 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 (*), and in particular Article 23 thereof, 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 Community (3, as last amended by Regulation (EC) No 522/94 (%), and in particular Article 11 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE ()  In July 1994, the Commission announced, by a notice published in the Official Journal of the European Communities(*), the initiation of an anti-dumping proceeding concerning imports of polyester textured filament yarn originating in Indonesia, India and Thailand and commenced an investigation. (2 The proceeding was initiated as a result of a complaint lodged by the International Committee of Rayon and Synthethic Fibres (Cirfs), acting on behalf of Community producers whose collective output of the yarn concerned represented a major proportion of the total Community production of this yarn. The complaint contained evidence of dumping of the product originating in the countries indicated above, and of material injury resulting therefrom; this evidence was considered sufficient to justify opening a proceeding. (3 The Commission officially advised the producers, exporters and importers known to be concerned, () OJ No L 56, 6. 3. 1996, p. 1. () OJ No L 209, 2. 8. 1988, p. 1. () O] No L 66, 10. 3. 1994, p. 10. () O] No C 209, 29. 7. 1994, p. 2. ) ©) ®) the representatives of the exporting countries and the complainant, and gave the parties concerned the opportunity to make their views known in - writing and to request a hearing. Representatives of some exporters, the complainant and one association of exporters made their views known in writing. The association of Indian expor- ters requested and was granted a hearing. The Commission sent questionnaires to all parties known to be concerned and received detailed infor- mation from the complaining Community produ- cers, a number of producers in India, Indonesia and Thailand and one importer in the Community related to an Indian producer. The Commission sought and verified all informa- tion it deemed necessary for the purposes of a preliminary determination and carried out investi- gations at the premises of the following firms: (a) Community producers Rhoéne Poulenc, France Hoechst AG, Germany Nylstar, Germany Unifi, Ireland Montefibre SpA Enichem, Italy Akzo Fibres and Polymers Division, Nether- lands Nurel SA, Spain Exsa, United Kingdom (b) Producers/exporters in the exporting countries ~ India Akai Impex Limited, Bombay Bahuma Polytex Ltd, Ahmedabad Century Enka Ltd, Pune DCL Polyesters Ltd, Hyderabad Indo Rama Synthetics (India) Ltd, Bombay Raymond Synthetics Ltd, Allahabad Reliance Industries Ltd, Bombay Indonesia P.T. Hadtex Indosyntec, Bandung P.T. Indo Rama Synthetics, Jakarta P.T. Polysindo Eka Perkasa, Jakarta Pusat