24. 11. 93 Official Journal of the European Communities No L 289/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 3203/93 of 22 November 1993 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 under the abovementioned Regulation, Whereas : A. PREVIOUS PROCEDURE (1) By Regulation (EEC) No 738/92 (%) the Council imposed a definitive anti-dumping duty on imports of cotton yarn falling within CN codes 520511 00 to 5205 45 90 and 5206 11 00 to 5206 45 90, origi- nating in Brazil and Turkey. (2 In that Regulation the Council noted that the Commission would be ready to initiate without delay a review proceeding for the exporters who supplied sufficient evidence to the Commission that they had not exported 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 have a firm intention of doing so and that they are not related to, or associated with, any of the compa- nies subject to the anti-dumping duty (so-called ‘newcomers)). B. REVIEW 3) Four Brazilian companies, Cocamar Ltda, Corduroy SA, Cotece SA, Norfil S/A and a Turkish company, Kula Mensucat Fabrikasi AS, made themselves o L 209, 2. 8. 1988, p. 1. o L 82, 27. 3. 1992, p. 1. zZZ known to the Commission, claiming that they had not exported the products concerned during the investigation period and only commenced doing so after that period. They also claimed that they were not related to any of the companies subject to the anti-dumping duties and requested that a newcomer review be opened. (4 Those companies provided, on request, evidence of the facts they alleged. The evidence provided has been considered sufficient to justify the initiation of a review in accordance with the provisions of Articles 7 and 14 of Regulation (EEC) No 2423/88 (hereinafter referred to as ‘the basic Regulation’). By a notice published on 23 September 1992 (%), the Commission, after consultation of the Advisory Committee, initiated a review of Regulation (EEC) No 738/92 with regard to the five companies cited above and commenced its investigation. C. RESULT OF INVESTIGATION 1. Normal value (5)  Normal value has been determined on the basis of the comparable price actually paid or payable in the ordinary course of trade for the like product intended for consumption in the country of origin when sales on the domestic market were represen- tative and profitable. When there were no such sales, normal value has been constructed in accordance with Article 2 (3) (b) (ii) of the basic Regulation by adding cost of production, including a reasonable amount for selling, general and administrative expenses and a reasonable margin for profit. In the case of non- profitable sales in Brazil, their margin was based on the average profit of the domestic sales of the product concerned of the other exporting produ- cers. () OJ No C 244, 23. 9. 1992, p. 14.