No L 289/14 Official Journal of the European Communities 12. 11. 96 COUNCIL REGULATION (EC) No 2160/96 of 11 November 1996 imposing definitive anti-dumping duties on imports of polyester textured filament yarn originating in Indonesia and Thailand, terminating the proceeding concerning imports of polyester textured filament yarn originating in India and collecting definitively the provisional duties 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 Commun- ity (), 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 Economic Community(’), and in particular Article 12 thereof, Having regard to the proposal submitted by the Commis- sion after consuiting the Advisory Committee, Whereas: A. PROVISIONAL MEASURES (1) The Commission, by Regulation (EC) No 940/96 (%) (hereinafter referred to as the ‘provisional Regula- tion’) imposed provisional anti-dumping duties on imports of polyester textured filament yarn (here- inafter referred to as ‘PTY’ or ‘product concerned’), originating in Indonesia and Thailand, and falling within CN codes 5402 33 10 and 5402 33 50. (2)  With the same Regulation, it was provisionally concluded that imports of the product concerned originating in India, essentially due to their negli- gible import volume, had not contributed to the material injury suffered by the Community industry, and therefore it was considered unneces- sary to impose provisional protective measures on these imports at that stage of the investigation. (3) By Council Regulation (EC)y No 1370/96 (), the provisional duties were extended for a period of two months, up to 1 December 1996. () OJ No L 56, 6. 3. 1996, 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 128, 29. 5. 1996, p. 3. () OJ No L 178, 17. 7. 1996, p. 1. (6) ™ ®) B. SUBSEQUENT PROCEDURE The provisional 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. Immediately after the imposition of the provisional measures on imports of PTY from Indonesia and Thailand, the interested parties were informed of the essential facts and considerations on the basis of which provisional measures had been adopted. Comments thereon were received in writing from the following interested parties within the time limit set: 1. Producers in Indonesia: — PT Panasia Indosyntec (formerly: PT Hadtex Indosyntec), — PT Indo Rama Synthetics, — PT Polysindo Eka Perkasa, — PT Susilia Indah Synthetic Fibres Industries, — PT Vastex Prima Industries. 2. Producers in Thailand: — Sunflag (Thailand) Ltd, — Tuntex (Thailand) plec. Parties who so requested were also granted an opportunity to be heard orally by the Commission services. Parties were informed of the essential facts and consideration on the basis of which it is intended to recommend the imposition of definitive measures and the definitive collection of amounts secured by way of provisional duties. They also were granted a period within which they could make representations subsequent to this disclosure. The parties’ oral and written comments were con- sidered and, where appropriate, the provisional determinations were modified to take account of these comments. C. PRODUCT AND LIKE PRODUCT The product under consideration is PTY, directly derived from polyester oriented yarn (‘POY’). PTY