22.8.98 Official Journal of the European Communities L 236/3 COUNCIL REGULATION (EC) No 1822/98 of 14 August 1998 amending Regulation (EC) No 2160/96 imposing a definitive anti-dumping duty on imports of polyester textured filament yarn originating, inter alia, in Indo- 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(4) thereof, Having regard to the proposal submitted by the Commis- sion after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1) By Regulation (EC) No 2160/96 (3, the Council imposed a definitive anti-dumping duty of 20,2 % on imports of polyester textured filament yarn (hereinafter referred to as ‘product concerned’ or ‘PTY’) originating, inter alia, in Indonesia, with the exception of imports from four Indonesian exporters specifically mentioned, which are either subject to a lesser rate of duty or to no duty at all. The product is currently classifiable within CN code 5402 33 00. B. PRESENT PROCEDURE (2)  The Commission subsequently received an applica- tion for a review of the measures currently in force, i.e. a request to initiate a ‘new exporter’ review of Regulation (EC) No 2160/96, pursuant to Article 11(4) of Regulation (EC) No 384/96 (hereinafter referred to as the ‘Basic Regulation’), from the Indonesian producer PT Polyfin Canggih (herein- after referred to as ‘the company)). The company claimed that it was not related to any of the exporters or producers in Indonesia subject to the anti-dumping measures in force with regard to the product concerned. Furthermore, it claimed that it had not exported the product concerned during the original period of investigation (1 July 1993 to 30 June 1994) but had exported the product concerned to the Community since then. (3  The Commission, having examined the evidence submitted by the Indonesian exporter concerned, which was considered sufficient to justify the initia- (") OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by Regulation (EC) No 905/98 (O] L 128, 30. 4. 1998, p. 18). @ OJ L 289, 12. 11. 1996, p. 14. tion of a review in accordance with Article 11(4) of the Basic Regulation, after consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, initiated, by Regulation (EC) No 2544/97 (%), a review of Regulation (EC) No 2160/ 96 with regard to the company and commenced its investigation. By the Regulation initiating the review, the Commission also repealed the anti-dumping duty imposed by Regulation (EC) No 2160/96 with regard to imports of the product concerned, produced and exported to the Community by the company, and directed customs authorities, pursuant to Article 14(5) of the Basic Regulation, to take appropriate steps to register such imports. (4)  The product covered by the present review is the same product as the one under consideration in Regulation (EC) No 2160/96. (5  The Commission officially advised the company and the representatives of the exporting country. Furthermore, it gave other parties directly concerned the opportunity to make their views known in writing and to request a hearing. However, no such request was received by the Commission. The Commission sent a questionnaire to the company and received a full reply within the dead- line. The Commission sought and verified all infor- mation it deemed necessary for the purpose of the investigation and carried out a verification visit at the company’s premises. (6)  The investigation of dumping covered the period from 1 October 1996 to 30 September 1997 (here- inafter referred to as the ‘investigation period). (7 The same methodology as that used in the original investigation was applied in the present invest- igation. C. SCOPE OF THE REVIEW (8)  As no request for a review of the findings on injury was made in this investigation, this review is limited to dumping. () OJ L 347, 18. 12. 1997, p. 31.