5. 6. 97 Official Journal of the European Communities No L 145/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1001/97 of 2 June 1997 imposing a definitive anti-dumping duty on imports of polyester textured filament yarn originating in Malaysia 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 (') (hereinafter referred to as ‘the Basic Regula- tion’), and in particular Article 9 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 53/97() (hereinafter referred to as ‘the provisional duty Regulation’), the Commission imposed a provisional anti-dumping duty on imports into the Community of polyester textured filament yarn (hereinafter referred to as ‘PTY’) originating in Malaysia, falling with CN codes 5402 33 10 and 5402 33 90. B. Subsequent procedure (2)  Following the imposition of the provisional anti- dumping duty, all interested parties received dis- closure in writing concerning the essential facts and considerations on the basis of which provisi- onal measures had been imposed. At the same time, all other parties known to be concerned by this proceeding were informed of the imposition of the provisional measures. (") OJ No L 56, 6. 3. 1996, p. 1. Regulation as amended by Regu- lation (EC) No 2331/96 (O] No L 317, 6. 12. 1996, p. 1). () OJ No L 13, 16. 1. 1997, p. 6. ©) ©) The provisional duty Regulation also set a time limit, within which the parties concerned could make known their views in writing and apply to be heard orally by the Commission. However, no party made its views known or applied to be heard orally by the Commission within the time limit set, nor were any other comments received after that period. C. Product under consideration and like product, dumping, Community industry, injury, causation of injury and Community interest As no further arguments have been advanced by any of the parties concerned regarding the Commission’s provisional findings on the product under consideration, on the like product, on dumping, Community industry, injury, causation of injury and Community interest, the findings, as set out in recitals (7) to (72) of the provisional duty Regulation, are confirmed by the Council. D. Definitive duty For the purpose of establishing the level of the definitive duty to be imposed, the Council took account of the dumping margins found and the level of the duty necessary to remove the injury sustained by the Community industry, on the basis of the methodology set out in recitals (73) to (78) of the provisional duty Regulation. Since the dumping margins were lower than the injury margins found, it is confirmed that the level of the anti-dumping duty should be based on the level of the dumping margins definitively established pursuant to Article 9 (4) of the Basic Regulation, i.e. 16,4 % for the cooperating Malay- sian exporter Hualon Corporation (M) Sdn. Bhd. and 32,5 % for other, non-cooperating exporters/ producers in Malaysia.