2.6.2001 Official Journal of the European Communities L 149/5 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1078/2001 of 31 May 2001 amending Regulation (EC) No 2160/96 imposing a definitive anti-dumping duty on imports of polyester textured filament yarn originating, inter alia, in Thailand 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 Community (!), and in particular Article 11(3) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE By Regulation (EC) No 2160/96 (?), the Council imposed a definitive anti-dumping duty on imports of polyester textured filament yarn originating, inter alia, in Thailand. The rate of the duty applicable to the net, free at Community-frontier price, before duty, is 13,5% for Sunflag (Thailand) Ltd, 6,7 % for Tuntex (Thailand) PLC and 20,2 % for all other Thai exporting producers. B. INVESTIGATION CONCERNING THE MEASURES IN FORCE The Thai exporting producer Sunflag (Thailand) Ltd (‘the applicant) lodged a request for an interim review of the anti-dumping measures applicable to it, limited to the aspects of dumping pursuant to Article 11(3) of Regula- tion (EC) No 384/96 (the ‘basic Regulation’). The request alleged that changed circumstances of a lasting nature, such as increased capacity utilisation and efficiency, had led to a considerably reduced normal value, while at the same time export prices had remained constant so that dumping had ceased and the continued imposition of the measures was no longer necessary to counteract (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (O] L 257, 11.10.2000, p. 2). () OJ L 289, 12.11.1996, p. 14. Regulation as amended by Regulation (EC) No 1822/98 (O] L 236, 22.8.1998, p. 3). dumping. Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an interim review, the Commission published a notice in the Official Journal of the European Communities (}) and commenced an investigation. 1. Procedure The Commission officially advised the authorities of the exporting country of the initiation of an interim review and gave all the parties directly concerned the oppor- tunity to make their views known in writing and to request a hearing. The Commission sent a questionnaire and received detailed information from the applicant. The Commission sought and verified all information it deemed necessary for the purpose of a determination of dumping and carried out a verification visit at the prem- ises of the applicant. The investigation of dumping covered the period from 1 June 1999 until 31 May 2000 (the IP). 2. Product concerned and like product The product concerned is the same as in the previous investigation, i.e. polyester textured filament yarn (PTY’). PTY is derived directly from partially oriented polyester yarn and is used in both the weaving and the knitting sectors to make polyester or polyester/cotton fabrics. The product is currently classifiable within CN codes 5402 33 10 and 5402 33 90. There are different types of PTY, depending on the weight (‘denier’), the number of filaments and the lustre. There are also different qualities, depending on the effi- ciency of the production process. However, no signifi- () O] C 170, 20.6.2000, p. 4.