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

( 2 ) OJ NO L 158 , 16 . 6 . 1981 , P . 7 .

( 3 ) OJ NO L 296 , 15 . 10 . 1981 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 3644/81

OF 15 DECEMBER 1981

AMENDING REGULATION ( EEC ) NO 2940/81 IMPOSING A DEFINITIVE ANTI-DUMPING DUTY ON //

P-XYLENE ( PARAXYLENE ) ORIGINATING IN PUERTO RICO , THE UNITED STATES OF AMERICA AND THE UNITED STATES VIRGIN ISLANDS

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 PROPOSAL SUBMITTED BY THE COMMISSION AFTER CONSULTATION WITH THE ADVISORY COMMITTEE SET UP UNDER THE SAID REGULATION ,

WHEREAS THE COMMISSION , BY REGULATION ( EEC ) NO 1591/81 ( 2 ), IMPOSED A PROVISIONAL ANTI-DUMPING DUTY OF 14.7 % ON IMPORTS OF P-XYLENE ORIGINATING IN PUERTO RICO , THE UNITED STATES OF AMERICA AND THE UNITED STATES VIRGIN ISLANDS ;

WHEREAS THE COUNCIL , BY REGULATION ( EEC ) NO 2940/81 ( 3 ), CONFIRMED THIS DUTY AS DEFINITIVE ;

WHEREAS EXXON CHEMICAL INTERNATIONAL SUPPLY HAS VOLUNTARILY UNDERTAKEN TO RESPECT THE NORMAL VALUES ESTABLISHED DURING THE INVESTIGATION ;

WHEREAS THIS UNDERTAKING WAS RECEIVED DURING THE INVESTIGATION BUT AT A STAGE TOO LATE TO BE TAKEN ACCOUNT OF IN REGULATION ( EEC ) NO 2940/81 ;

WHEREAS THE COUNCIL CONSIDERS THIS UNDERTAKING TO BE ACCEPTABLE ; WHEREAS IT IS CONSEQUENTLY APPROPRIATE TO EXCLUDE THE EXPORTS OF THE P-XYLENE MADE BY THIS COMPANY FROM THE APPLICATION OF THE DUTY ; WHEREAS ARTICLE 1 ( 2 ) OF REGULATION ( EEC ) NO 2940/81 SHOULD THEREFORE BE AMENDED TO TAKE ACCOUNT OF THESE FACTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

ARTICLE 1 ( 2 ) OF REGULATION ( EEC ) NO 2940/81 IS HEREBY REPLACED BY THE FOLLOWING :

' 2 . THIS DUTY SHALL NOT APPLY TO P-XYLENE EXPORTED BY :

- AMOCO CHEMICALS CORPORATION ,

- ARCO CHEMICAL COMPANY ,

- EXXON CHEMICAL INTERNATIONAL SUPPLY ,

- PHILLIPS PARAXYLENE INC . AND INTERNATIONAL PETROLEUM SALES INC ., PANAMA , MEMBERS OF THE PHILLIPS PETROLEUM GROUP ,

- TENNECO OIL COMPANY ,

- SUNOCO OVERSEAS INC . AND SUN INTERNATIONAL INC . '

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 15 OCTOBER 1981 .

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

DONE AT BRUSSELS , 15 DECEMBER 1981 .

FOR THE COUNCIL

THE PRESIDENT

D . HOWELL