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            COUNCIL REGULATION (EC) No 1467/2004

of 13 August 2004         

imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of polyethylene terephthalate originating in Australia, the People's Republic of China and terminating the anti-dumping proceeding concerning imports of polyethylene terephthalate originating in Pakistan and releasing the amounts secured by way of the provisional duties imposed

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 Communities (1) (the basic Regulation), and in particular Article 9 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   PROVISIONAL MEASURES

2.   PARALLEL INVESTIGATION PROCEDURE

3.   SUBSEQUENT PROCEDURE

B.   PRODUCT CONCERNED AND LIKE PRODUCT

C.   DUMPING

1.   GENERAL METHODOLOGY

1.1.   Normal value

1.2.   Export price

1.3.   Comparison

1.4.   Dumping margin

2.   AUSTRALIA

2.1.   Normal value

2.2.   Export price

2.3.   Comparison

2.4.   Dumping margin

3.   PAKISTAN

3.1.   Normal value

3.2.   Export price

3.3.   Comparison

3.4.   Dumping margin

4.   PEOPLE’S REPUBLIC OF CHINA (PRC)

4.1.   Market economy treatment (MET)

4.2.   Individual treatment

4.3.   Normal Value

4.3.1.   Determination of normal value for all exporting producers not granted MET

a)   Analogue country

b)   Determination of normal value

4.3.2.   Determination of normal value for exporting producers granted MET

4.4.   Export prices

4.5.   Comparison

4.6.   Dumping margin

4.6.1.   For the cooperating exporting producers granted MET/IT

4.6.2.   For all other exporting producers

D.   INJURY

1.   COMMUNITY PRODUCTION

2.   DEFINITION OF THE COMMUNITY INDUSTRY

3.   COMMUNITY CONSUMPTION

4.   IMPORTS INTO THE COMMUNITY FROM THE COUNTRIES CONCERNED

4.1.   Cumulative assessment of the effects of the dumped imports concerned — market shares of dumped imports

4.2.   Prices of imports and undercutting

5.   SITUATION OF THE COMMUNITY INDUSTRY

6.   CONCLUSION

E.   CAUSATION

1.   EFFECT OF THE DUMPED IMPORTS

2.   EFFECT OF OTHER FACTORS

F.   COMMUNITY INTEREST

1.   INTEREST OF THE COMMUNITY INDUSTRY

2.   INTEREST OF UNRELATED IMPORTERS

3.   INTEREST OF SUPPLIERS

4.   INTEREST OF USERS

4.1.   Preliminary remarks

4.2.   Preform/bottle converters

4.3.   The mineral and spring water producers

4.4.   The soft drink producers

4.5.   Shortages of PET in the Community market

5.   CONCLUSION ON COMMUNITY INTEREST

G.   DEFINITIVE ANTI-DUMPING MEASURES

1.   DEFINITIVE MEASURES

2.   UNDERTAKINGS

3.   COLLECTION OF PROVISIONAL DUTIES

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, classified under CN code 3907 60 20 and originating in Australia, the People's Republic of China and Pakistan.

2.   The rate of the definitive anti-dumping duty applicable to the net free-at-Community-frontier price for products manufactured by the companies listed below shall be as follows:

3.   The application of the individual duty rates specified for the 16 companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex 1. If no such invoice is presented, the duty rate applicable to all other companies shall apply.

4.   In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Common Customs Code (7) the amount of anti-dumping duty, calculated on the basis of paragraph 2, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

5.   Notwithstanding the provisions in paragraph 2, the definitive duty shall not apply to imports declared for release into free circulation in accordance with the provisions of Article 2.

6.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

Imports declared for release into free circulation by companies which offered undertakings accepted by and named in Commission Decision 2004/600/EC shall be exempt from the anti-dumping duties imposed by Article 1, provided that they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community; and provided that such imports are accompanied by a commercial invoice containing at least the elements listed in Annex 2. Exemption from the duty shall further be conditional on the goods declared and presented to customs corresponding precisely to the description on the commercial invoice.

Article 3

Amounts secured by way of provisional anti-dumping duty pursuant to Regulation (EC) No 306/2004 on imports of polyethylene terephthalate falling within CN Code 3907 60 20 originating in Australia, the People's Republic of China and Pakistan shall be definitively collected at the rate definitively imposed by the present Regulation. The amounts secured in excess of the definitive rate of anti-dumping duties shall be released.

A correction of the provisional anti-dumping duty imposed on imports of polyethylene terephthalate falling within CN Code 3907 60 20 originating in the People's Republic of China shall apply for the following companies, since the corrected duty would have been lower than the provisional duty imposed:

The provisional anti-dumping duty imposed on these companies shall only be definitively collected at the rate of the corrected provisional anti-dumping duty.

Article 4

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 August 2004.

For the Council

The President

B. BOT            

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(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2)OJ L 52, 21.2.2004, p. 5.

(3)OJ C 120, 22.5.2003, p. 13.

(4)  Commission Regulation (EC) No 1742/2000 (OJ L 199, 5.8.2000, p. 48) and Council Regulation (EC) No 2604/2000 (OJ L 301, 30.11.2000, p. 21).
(5)
(6)  See page 38 of this Official Journal.

(7)OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

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ANNEX 1

The valid commercial invoice referred to in Article 1(3) of this Regulation must include a declaration signed by an officer of the company, in the following format:

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ANNEX 2

Elements to be indicated on the commercial invoice referred to in Article 2

The following elements shall be indicated in the commercial invoice accompanying sales of the product concerned, which are subject to an undertaking and for which an exemption to the anti-dumping duty is claimed:

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