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( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .

( 2 ) OJ NO L 141 , 27 . 5 . 1981 , P . 29 .

( 3 ) OJ NO L 270 , 25 . 9 . 1981 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 3493/81

OF 3 DECEMBER 1981

AMENDING REGULATION ( EEC ) NO 2761/81 IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON //

O-XYLENE ( ORTHOXYLENE ) ORIGINATING IN PUERTO RICO AND THE UNITED STATES OF AMERICA

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 12 THEREOF ,

HAVING REGARD TO THE COMMISSION PROPOSAL SUBMITTED AFTER CONSULTATION WITHIN THE ADVISORY COMMITTEE SET UP UNDER THE SAID REGULATION ,

WHEREAS , BY REGULATION ( EEC ) NO 1411/81 ( 2 ), THE COMMISSION IMPOSED A PROVISIONAL ANTI-DUMPING DUTY OF 14.47 % ON IMPORTS OF O-XYLENE ( ORTHOXYLENE ) ORIGINATING IN PUERTO RICO AND THE UNITED STATES OF AMERICA ;

WHEREAS BY REGULATION ( EEC ) NO 2761/81 ( 3 ) THE COUNCIL RENDERED THIS DUTY DEFINITIVE ;

WHEREAS THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY PURSUANT TO REGULATION ( EEC ) NO 1411/81 WERE TO BE DEFINITIVELY COLLECTED AT RATES FIXED IN ARTICLE 2 OF REGULATION ( EEC ) NO 2761/81 ;

WHEREAS IMPORTS FROM THE COMMONWEALTH OIL REFINERY CO . INC . ( CORCO ) WERE SUBJECT TO A PROVISIONAL DUTY OF 4.43 % , WHICH AMOUNT SHOULD BE COLLECTED ;

WHEREAS THIS WAS NOT SPECIFIED IN ARTICLE 2 OF REGULATION ( EEC ) NO 2761/81 ; WHEREAS THAT ARTICLE SHOULD THEREFORE BE AMENDED TO TAKE ACCOUNT OF THE SITUATION OF THE COMMONWEALTH OIL REFINERY CO . INC .,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 2 OF REGULATION ( EEC ) NO 2761/81 IS HEREBY REPLACED BY THE FOLLOWING :

' ARTICLE 2

THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY PURSUANT TO REGULATION ( EEC ) NO 1411/81 SHALL BE DEFINITIVELY COLLECTED AT THE RATE OF :

- 3.40 % FOR IMPORTS FROM EXXON CHEMICAL INTERNATIONAL SUPPLY SA ,

- 4.43 % FOR IMPORTS FROM THE COMMONWEALTH OIL REFINERY CO . INC .,

- 5.15 % FOR IMPORTS FROM TENNECO OIL CO .,

- 10.73 % FOR IMPORTS FROM SUN PETROLEUM PRODUCTS CO .,

- 14.47 % IN RESPECT OF ALL OTHER IMPORTS . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY WITH EFFECT FROM 25 SEPTEMBER 1981 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 3 DECEMBER 1981 .

FOR THE COUNCIL

THE PRESIDENT

T . KING