2000D0137 — EN — 25.08.2002 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONDECISION
of17February2000
accepting undertakings offered in connection with the anti-dumping proceeding concerning
imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Croatia and
theUkraine
(notified under document number C(2000) 2712)
(2000/137/EC)
(OJ L 46, 18.2.2000, p. 34)
Amended by:
Official Journal
No page date
►M1Commission Decision 2002/669/EC of 5 August 2002 L 228 20 24.8.2002
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COMMISSIONDECISION
of17February2000
accepting undertakings offered in connection with the anti-
dumping proceeding concerning imports of certain seamless pipesand tubes of iron or non-alloy steel originating in Croatia and the
Ukraine
(notified under document number C(2000) 2712)
(2000/137/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
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 notmembersof the European Community(
1), aslas t amended by Regula-
tion (EC) No 905/98(2), and in particular Article 8(1) thereof,
After consulting the Advisory Committee,
Whereas:
(1)By Regulation (EC) No 1802/99(3), the Commission imposed
provisional anti-dumping duties on imports into the Community
of certain seamless pipes and tubes of iron or non-alloy steel
originating in Croatia and Ukraine.
(2)Following the adoption of the provisional anti-dumpingmeasures, the Commission continued the investigation ofdumping, injury and Community interest. The definitive findings
and conclusions of the investigation are set out in Council Regu-
lation (EC) No 348/2000(
4) imposing a definitive anti-dumping
duty on imports of certain seamless pipes and tubes originatingin Croatia and Ukraine.
(3)The investigation confirmed the provisional findings of injurious
dumping relating to importsoriginating in Croatia and Ukraine.
(4)Subsequent to the adoption of provisional anti-dumping
measures, the exporting producer in Croatia and the exportingproducersin the Ukraine in conjunction with the Ukrainianauthorities, have offered price undertakings pursuant to Article
8(1) of the basic Regulation.
(5)According to these undertakings, the exporting producers in
question have offered to sell to their independent customers, upto a certain quantity of the product concerned for export to theCommunity at revised prices. In addition, they have offered to
ensure that their prices per product group fall into line with the
price structure in use in the Community.
(6)To ensure that the quantity of imports at revised prices does notexceed the quantity offered by each undertaking, the exemptionshould be conditional on the presentation to the Communitycustoms of a valid original production certificate issued in
conformity with the specifications set out in the Council Regula-
tion imposing definitive anti-dumping measures.
(7)AsregardsUkraine, the undertaking offered by the Ukrainianexporting producersisa joint one, reflecting Ukraine'ss tatusasa non-market economy country, and isunderpinned by guaran-
teesgiven by the Ukrainian authoritiesto ens ure adequate
monitoring, particularly with regard to the anti-dumping duty-free threshold.2000D0137 — EN — 25.08.2002 — 001.001 — 2
(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 128, 30.4.1998, p. 18.
(3) OJ L 218, 18.8.1999, p. 3.
(4) OJ L 45, 17.2.2000, p. 1.
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(8)Having carefully examined the above mentioned proposals, the
Commission is satisfied that the elimination of the injurious
effectsof dumping will be achieved, in cas e of acceptance, bytwo means: first, by means of a price undertaking up to anannual volume threshold, and then by means of an ad valorem
duty for the remainder.
(9)In addition, since the exporting producers and the Ukrainianauthorities have undertaken to submit detailed and regular salesinformation to the Commission and not to enter into direct orindirect compensatory agreements with their customers in theCommunity, it hasbeen concluded that the obs ervance of the
undertaking can be effectively monitored by the Commission.
(10)In view of the above, the undertakingsoffered by the exporting
producer in Croatia and by the exporting producersin Ukraine
are considered acceptable and the investigation can, therefore,
be terminated with respect to the exporting producers concerned.
(11)In the event of a breach, or withdrawal of the undertaking, or ifthere reasons to believe that the undertaking has been breached,
a provisional or definitive anti-dumping duty may be imposed
pursuant to Article 8(9) and (10) of the basic Regulation,
HAS ADOPTED THIS DECISION:
Article 1
The undertakingsoffered by the producersmentioned below, in the
framework of the anti-dumping proceeding concerning importsofcertain seamless pipes and tubes, of iron or non-alloy steel, originatingin Croatia and Ukraine are hereby accepted.
Country Manufacturer Taric additional code
Croatia Zeljezara Sisak d.d., Sisak A064
Article 2
The investigation in connection with the anti-dumping proceeding
referred to in Article 1 ishereby terminated with regard to the parties
named in that Article.2000D0137 — EN — 25.08.2002 — 001.001 — 3
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