Official Journal of the European Communities 16. 1. 97 No L 13/6 COMMISSION REGULATION (EC) No 53/97 of 14 January 1997 imposing a provisional anti-dumping duty on imports of polyester textured filament yarn originating in Malaysia THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 (') as amended by Regulation (EC) No 2331/96 (3, and in particular Article 7 thereof, After consulting the Advisory Committee, Whereas: @ 3) A. PROCEDURE In April 1995, the Commission announced, by a notice published in the Official Journal of the European Communities(*), the initiation of an anti-dumping proceeding concerning imports of polyester textured filament yarn originating in Malaysia, pursuant to Article 5 (9) of Council Regu- lation (EC) No 3283/94 (%), subsequently replaced by Regulation (EC) No 384/96 (hereinafter referred to as the ‘Basic Regulation)). The proceeding was initiated as a result of a complaint lodged in December 1994 by the Inter- national Committee of Rayon and Synthetic Fibres (Cirfs), acting on behalf of Community producers representing allegedly a major proportion of the Community production of polyester textured fila- ment yarn. The complaint contained evidence of dumping and of material injury resulting therefrom; this evidence was considered sufficient to justify the opening of a proceeding. The Commission officially advised the producers, exporters and importers known to be concerned, the representatives of the exporting country and the complainant, and gave the parties concerned the opportunity to make their views known in writing and to request a hearing. The Commission sent questionnaires to all parties known to be concerned. No L 56, 6. 3. 1996, p. 1. No L 317, 6. 12. 1996, p. 1. No C 95, 19. 4. 1995, p. S. No L 349, 31. 12. 1994, p. 1. (6) It received detailed information from the com- plaining Community producers. Exporter’s questionnaires were sent to 15 alleged producers in Malaysia according to the information supplied by Cirfs; however, only one producer/ exporter in Malaysia cooperated in this proceeding. 25 importers known to the Commission were given the opportunity to submit information or to make their views known. Neither these nor other im- porters cooperated in this proceeding. The Commission sought and verified all informa- tion it deemed necessary for the purposes of a preliminary determination and carried out inves- tigations at the premises of the following compa- nies: (a) Community producers Rhéne Poulenc (France) Hoechst AG (Germany) Montefibre Spa Enichem (Italy) Akzo Fibres and Polymers Division Enka BV (Netherlands) Nurel SA (Spain) Exsa (United Kingdom) Unifi (Ireland). {(b) Producer/exporter in the exporting country Hualon Corporation (M) Sdn. Bhd., Kuala Lumpur This cooperating company exported during the investigation period some 90 % of the total Malaysian exports of polyester textured filament yarn to the Community. The investigation of dumping covered the period from 1 January 1994 to 31 March 1995 (hereinafter referred to as ‘ the investigation period). B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT 1. Description of the product concerned The product covered by the complaint is polyester textured filament yarn (hereinafter referred to as ‘PTY’), which falls under CN codes 5402 33 10 and 5402 3390. It is directly derived from partially oriented polyester yarn (hereinafter referred to as ‘POY’), and is used in both the weaving and the knitting sectors to make polyester or polyester/ cotton fabrics.