11.10.2002 Official Journal of the European Communities L274/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1799/2002 of 8 October 2002 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in Belarus 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 (") (herein- after referred to as ‘the basic Regulation’), and in particular Article 11(2) and (3) and Article 13 thereof, Having regard to the proposal submitted by the Commission, after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Previous investigations (1)  In July 1996, by Regulation (EC) No 1490/96 (3, a () O] L 56, 6.3.1996, tion (EC) No 2238/2000 (O] L 257, 11.10.2000, p. 2. definitive anti-dumping duty was imposed on imports of polyester staple fibre (PSF) originating in Belarus. In 1997, by Regulation (EC) No 2513/97 (%), the measures were extended to cover imports of polyester filament tow (PFT), originating in Belarus, which were made in circumvention of the original measures. 2. Investigations concerning other countries There are definitive anti-dumping measures currently in force on imports of PSF originating in Taiwan (Council Regulation (EC) No 1728/1999 (%), Australia, Indonesia and Thailand (Council Regulation (EC) No 1522/ p. 1. Regulation as last amended by Regula- () OJ L 189, 30.7.1996, p. 13. () O] L 346, 17.12.1997, p. 1. () O] L 204, 4.8.1999, p. 3. () 2000 (°)) as well as South Korea and India (Council Regulation (EC) No 28522000 (). By Council Regulation (EC) No 902/2001 (’) definitive countervailing duties were imposed on imports of PSF originating in Australia and Indonesia. 3. Present investigation 3.1. Requests for an interim and an expiry review In October 1999, the Commission received a request to open an interim review of the definitive anti-dumping duties in force (Regulation (EC) No 1490/96) with regard to imports into the Community of PSF origin- ating in Belarus. This request was followed by a request to open an expiry review on 27 April 2001. The request for an interim review was lodged by the sole exporter in Belarus, Khimvolokno Industrial Group VSV Trading Co. (Khimvolokno'). The request for the interim review was based on the prima facie evidence, provided by the applicant, that circumstances, inter alia the domestic prices in the analogue country, on the basis of which the measures were established, have changed and that these changes are of lasting nature. The request for expiry review was lodged by the Inter- national Rayon and Synthetic Fibres Committee (‘CIRES’) acting on behalf of Community producers representing a major proportion of the total Community production of PSF. The request for the expiry review was based on the grounds that the expiry of measures would be likely to result in a recurrence of dumping and injury to the Community industry. 175, 14.7.2000, p. 10. oJ L 0] L 332, 28.12.2000, p. 17. oL 127, 9.5.2001, p. 20.