30. 7. 96 Official Journal of the European Communities No L 189/13 COUNCIL REGULATION (EC) No 1490/96 of 23 July 1996 imposing a definitive anti-dumping duty on imports of polyester staple fibre originating in Belarus and collecting definitively the provisional duty imposed THE COUNCIL OF THE EUROPEAN UNION, 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 subsid- ized imports from countries not members of the Euro- pean Economic Community(?), and in particular Article 12 thereof, ‘ Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES (1) By Regulation (EC) No 394/96 (%) (hereinafter ‘the provisional duty Regulation’), the Commission imposed a provisional anti-dumping duty on imports into the Community of polyester staple fibre (hereinafter ‘PSF or ‘product concerned) originating in Belarus, falling within CN code 5503 2000. (2 By Regulation (EC) No 1050/96 () the Council extended the validity of this duty for a period of two months. B. SUBSEQUENT PROCEDURE (33  The provisional duty Regulation set up a time limit within which the parties concerned could make known their views in writing and apply to be heard orally by the Commission. (4) Only the sole Belarussian exporter concerned requested, within that time limit, and was granted a hearing. () OJ No L 56, 6. 3. 199, p. 1. () OJ No L 209, 2. 8. 1988, p. 1. Regulation as last amended by Regulation (EC) No 522/94 (O] No L 66, 10. 3. 1994, p. 10). () OJ No L 54, 5. 3. 1996, P 10. () OJ No L 139, 12. 6. 199, p. 16. ) Q) @) ‘Eurofibrefill’, an association formed by a group of users of PSF, made known its views in writing nearly three months following the entry into force of the provisional duty Regulation, and hence after the abovementioned time limit. In any event, no arguments different from those previously made by Eurofibrefill in the course of the investigation, and covered by the provisional duty Regulation, were contained in the new submission. C. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT, DUMPING, COMMUNITY INDUSTRY, INJURY, CAUSATION OF INJURY AND COMMUNITY INTEREST No further substantiated arguments have been made by any of the parties concerned regarding the Commission’s provisional findings on the product concerned, on the like product, on dumping, Community industry, injury, causation of injury and Community interest. Consequently, these findings, as set out in recitals 10 to 78 of the provi-' sional duty Regulation, are confirmed by the Council. D. FORM OF A DEFINITIVE MEASURE TO BE IMPOSED During the hearing granted to the Belarussian exporter (see recital 4), the latter enquired about the possibility of offering a price-undertaking, so that the investigation could be terminated without the imposition of definitive duties. However, no such offer has subsequently been made. For the following reasons, a price-undertaking does not appear to be an appropriate solution in the present case: (a) minimum prices of PSF would have to be linked to the considerable price fluctuations of its main raw materials on the international markets, which would make an undertaking unworkable; (b) the product concerned is extremely hetero- geneous. An efficient monitoring of an underta- king, which should comprise all different types and combinations of PSF (factors like size, colour, cutlength, shading, etc. are all decisive for setting a selling price), would be extremely difficult. The risk of circumvention would be considerable;