No L 189/10 Official Journal of the European Communities 30. 7. 96 COUNCIL REGULATION (EC) No 1489/96 of 23 July 1996 amending Regulation (EEC) No 54/93 imposing a definitive anti-dumping duty on imports of synthetic fibres of polyesters originating in India and the Republic of Korea 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 11 (4) thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: @ A. PREVIOUS PROCEDURE By Regulation (EEC) No 54/93 (3, the Council imposed, inter alia, a definitive anti-dumping duty of 7,2 % on imports of synthetic staple fibres of polyesters, not carded, combed or otherwise processed for spinning, commonly referred to as polyester synthetic fibres, currently classifiable within CN code 5503 20 00 and originating in India, with the exception of imports from five Indian exporters specifically mentioned which were either subject to a lesser rate of duty or no duty at all. B. PROCEDURE The Commission received on application for a review of the measures currently in force from the Indian company Bongaigaon Refinery & Petroche- micals Ltd (hereinafter ‘Bongaigaon’ or ‘the company’). Bongaigaon claimed that it was not related to any of the exporters or producers in India which are subject to the anti-dumping measures on the product, and that it had not exported the product during the period of investi- gation on which the measures are based. Further- more, the company claimed that it had actually exported the product concerned to the Community and that it had also entered into irrevocable contractual obligations to export significant quanti- ties to the Community. () OJ No L 56, 6. 3. 199, p. 1. () O] No L 9, 15. 1. 1993, p. 2. 3 ) 6) @ @) Bongaigaon provided, on request, evidence which was considered sufficient to justify the initiation of a review in accordance with Article 11 (4) of Regu- lation (EC) No 384/96 (hereinafter referred to as the ‘Basic Regulation’). By Regulation (EC) No 2566/95 (°), the Commission, after consulting the Advisory Committee, initiated a review of Regulation (EEC) No 54/93 with regard to Bongai- gaon and commenced its investigation. By Regulation (EC) No 2566/95, the Commission also repealed the anti-dumping duty imposed by Regulation (EEC) No 54/93 with regard to imports of the product concerned produced and exported to the Community by Bongaigaon and directed customs authorities, pursuant to Article 14 (5) of the Basic Regulation, to take appropriate steps to register such imports. The product concerned in this review is the same as the one under consideration in Regulation (EEC) No 54/93. The Commission officially advised Bongaigaon and the representatives of the exporting country. Furthermore, it gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing but did not receive any reaction in this respect. The Commission sent a questionnaire to Bongai- gaon and received a proper and timely reply. The Commission sought and verified all information it deemed necesssary for the purposes of the proce- dure and carried out a verification visit at the premises of Bongaigaon, India. The investigation of dumping covered the period from 1 July 1994 to 30 June 1995. The same methodology as that used in the original investigation was applied where circumstances had not changed. C. RESULTS OF THE INVESTIGATION 1. New exporter qualification The investigation confirmed that Bongaigaon had not exported the product concerned during the () OJ No L 262, 1. 11. 1995, p. 28.