27. 7. 94 Official Journal of the European Communities No L 191/3 COUNCIL REGULATION (EC) No 1828/94 of 25 July 1994 amending Regulation (EEC) No 738/92 imposing a definitive anti-dumping duty on imports of cotton yarn, originating in Brazil and Turkey THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsi- dized imports from countries not members of the Euro- pean Economic Community ('), and in particular Article 14 thereof, Having regard to the proposal submitted by the Commis- sion after consultation within the Advisory Committee as “provided for pursuant to the abovementioned Regulation, Whereas : A. PREVIOUS PROCEDURE (1) By Regulation (EEC) No 738/92 (3, the Council imposed a definitive anti-dumping duty on imports of cotton yarn falling within CN codes 5205 11 00 to 52054590 and 5206 11 00 to 5206 4590 and originating in Brazil and Turkey. ()] The Council, in that Regulation, noted that the Commission would be ready to initiate without delay a review proceeding for those exporters (so-called ‘newcomers’) who supplied sufficient evidence to the Commission that they did not export the products concerned to the Community during the original investigation period (1 January to 31 December 1989), that they only started such exports after the said period or had a firm intention of doing so and that they were not related to or associated with any of the companies subject to the anti-dumping duty. B. REVIEW REQUEST (3 The Commission has received applications for a review of the measures currently in force from three Turkish companies claiming that they satis- fied the abovementioned criteria. (4}  Those companies provided, on request, evidence of the facts alleged which was considered sufficient to justify the initiation of a review in accordance with the provisions of Articles 7 and 14 of Regulation (') OJ No L 209, 2. 8. 1988, p. 1. Regulation as last amended by Regulation (EC) No 522/94 (O] No L 66, 10. 3. 1994, p. 10). () OJ No L 82, 27. 3. 1992, p. 1. Regulation as last amended by Regulation (EC) No 3203/93 (O] No L 289, 24. 11. 1993, p- 1) (EEC) No 2423/88. By a notice published on 11 May 1993 (), the Commission, after consultation of the Advisory Committee, initiated a review of Regulation (EEC) No 738/92 with regard to the three companies concerned and commenced its investigation. C. PRODUCT (5 The product is cotton yarn (other than sewing thread) not put up for retail sale. The product under consideration includes types of cotton yarn, classified on the basis of the ‘English count system’. This system is designed to classify cotton yarn according to its thickness. The cotton yarns concerned fall under the following codes : 5205 : from 520511 00 to 52054590 cotton yarn (other than sewing thread) containing at least 85 % by weight of cotton. 5206 : from 5206 11 00 to 5206 45 90 cotton yarn (other than sewing thread) containing at least 85 % by weight of cotton. (6)  The investigation period was set from 1 May 1992 to 30 April 1993. D. RESULT OF INVESTIGATION 1. Newcomer (77 The investigation showed that the companies concerned did not export cotton yarn to the Community during the original investigation period but that they now have a firm intention of exporting in accordance with the provisions of recital 34 of Regulation (EEC) No 738/92 (see recital 2). (8)  In addition, it was found that these companies had no link, either direct or indirect, with the exporters involved in the original procedure and for which dumping was found. (9)  Accordingly the quality of newcomer for the three companies is confirmed. 2. Normal value (10) The companies involved had no sales of the product concerned on their domestic market as they either use it internally for making other products or did not sell the type of yarn they intended to export. Therefore, the Commission had () OJ No C 131, 11. 5. 1993, p. 2.