19.9.2002 Official Journal of the European Communities L 251/9 COMMISSION REGULATION (EC) No 1662/2002 of 18 September 2002 imposing provisional anti-dumping duties on imports of certain filament yarns of cellulose acetate originating in Lithuania and the United States of America 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 Community (") (basic Regulation), as last amended by Regulation (EC) No 2238/ 2000 (3, and in particular Article 7 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE On 20 December 2001, the Commission announced by a notice (Notice of Initiation) published in the Official Journal of the European Communities (%), the initiation of an anti-dumping proceeding with regard to imports into the Community of certain non-textured artificial fila- ment yarn of cellulose acetate originating in Lithuania and the United States of America. The anti-dumping proceeding was initiated as a result of a complaint lodged in November 2001 by the Comité international de la rayonne et des fibres synthetiques (CIRFS) on behalf of Community producers representing over 90 % of the total production in the Community. The complaint contained evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. Certain exporting producers claimed that the United States of America should not have been included in the proceeding due to the lack of adequate and accurate information on injurious dumping and causality at initiation stage. It should be noted that complainants have to show that their complaints are non-discrimina- tory with respect to third countries. Therefore, they have to provide an analysis of the situation of all countries with significant imports with a view of concluding whether such countries' imports are made at injurious volumes and prices and whether such countries' export prices are, prima facie, dumped. The information contained in the complaint showed similar behaviour for Lithuanian and United States exports in this respect. Imports from both countries were allegedly dumped and undercut/undersold the Community industry's prices/ 56, 6.3.1996, p. 1. o] L 0] L 257, 11.10.2000, p. 2. 0] C 364, 20.12.2001, p. 3. costs. Furthermore, the difficult situation of the industry coincided with the increase in imports from both coun- tries concerned, the market shares of which were signifi- cant. Given also the analyses of the other possible causes of injury, these imports were found to have contributed to the injury suffered and the initiation of an invest- igation was therefore warranted. The Commission officially advised the exporting produ- cers and importers/traders known to be concerned as well as their associations, the representatives of the exporting countries concerned, users, suppliers and the complainant Community producers of the initiation of the proceeding. Interested parties were given the oppor- tunity to make their views known in writing and to request a hearing within the time limit set in the Notice of Initiation. A number of parties made their views known in writing. All parties who so requested within the time limit and showed that there were particular reasons why they should be heard were granted the opportunity to be heard orally. The Commission sent questionnaires to all parties known to be concerned and to all the other companies that made themselves known within the deadlines set out in the Notice of Initiation. Replies were received from the two complaining Community producers, three exporting producers, and their related importers in the Community, seven users and one trader. The Commission sought and verified all the information it deemed necessary for the purpose of a preliminary determination of dumping, resulting injury and Community interest. Verification visits were carried out at the premises of the following companies: (A) Exporting producers — AB Dirbtinis Pluostas, Kaunas, Lithuania, — Celanese Acetate LLC, Charlotte (NC), United States of America, — Eastman Chemical Company, Kingsport (TN), United States of America. (B) Companies related to the exporting producers — DPI, Milan, Italy, — Celanese NV, Lanaken, Belgium, — Eastman Chemical Company BV, Rotterdam, Netherlands.