22.9.2000 Official Journal of the European Communities L 238/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1992/2000 of 18 September 2000 amending Regulation (EC) No 1001/97 imposing a definitive anti-dumping duty on imports of polyester textured filament yarn originating in Malaysia 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. EXISTING MEASURES By Regulation (EC) No 1001/97 (?), the Council imposed a definitive anti-dumping duty on imports of polyester textured filament yarn originating in Malaysia. The rate of the duty applicable to the net, free-at-Community- frontier price, before duty, is 32,5 % except for the company Hualon Corporation (M) Sdn. Bhd. (Hualon), for which a 16,4 % rate applies. B. REQUEST FOR A REVIEW The Malaysian exporting producer, Hualon Corporation (M) Sdn. Bhd., 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 (hereinafter referred to as the ‘basic Regulation’). The request alleged that changed circum- stances of a lasting nature have led to a stable or slightly reduced normal value and a considerable increase of its export price so that the continued imposition of meas- ures to it was no longer necessary to counteract 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. L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation ) No 905/98 (O] L 128, 30.4.1998, p. 18). L 145, 5.6.1997, p. 1. C 218, 30.7.1999, p. 5. C. PROCEDURE The investigation of dumping covered the period from 1 July 1998 until 30 June 1999 (hereinafter referred to as the ‘investigation period’). The Commission officially advised the authorities of the exporting country of the initiation of the interim review and gave all parties directly concerned the opportunity to make their views known in writing and to request a hearing. The Commission sent a questionnaire and received detailed information from the exporting producer concerned. 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 premises of the exporting producer concerned. The interested parties were informed of the facts and considerations on the basis of which it was intended to recommend the amendment of Regulation (EC) No 1001/97, and were given an opportunity to comment. Their comments were taken into account and, where appropriate, the findings were modified accordingly. D. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT 1. Product under consideration The product under consideration is the same as in the previous investigation, ie. polyester textured filament yarn (hereinafter referred to as ‘PTY’). PTY is directly derived 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 code 5402 33 00. It should be noted, however, that Regulation (EC) No 1001/97 refers to CN codes 54023310 and 5402 33 90 which were applicable for the product classification at the time that Regulation was published.