2000D0745 — EN — 22.03.2002 — 001.001 — 1
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►B COMMISSIONDECISION
of29November2000
acceptingundertakingsofferedinconnectionwiththeanti-dumpingandanti-subsidyproceedings
concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia,
Malaysia,theRepublicofKorea, TaiwanandThailand
(notified under document number C(2000) 3603)
(2000/745/EC)
(OJ L 301, 30.11.2000, p. 88)
Amended by:
Official Journal
No page date
►M1Commission Decision 2002/232/EC of 27 February 2002 L 78 12 21.3.2002
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COMMISSIONDECISION
of29November2000
accepting undertakings offered in connection with the anti-
dumping and anti-subsidy proceedings concerning imports ofcertainpolyethyleneterephthalate(PET)originatinginIndia,Indo-
nesia,Malaysia,theRepublicofKorea, TaiwanandThailand
(notified under document number C(2000) 3603)
(2000/745/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 notmembers of the European Community(
1), as last amended by Regula-
tion (EC) No 2238/2000(2) (the basic AD Regulation), and in particular
Articles 8 and 9 thereof,
Having regard to Council Regulation (EC) No 2026/97 of 6 October
1997 on protection against subsidised imports from countries not
members of the European Community(3) (the basic AS Regulation),
and in particular Articles 13 and 15 thereof,
After consulting the Advisory Committee,
Whereas:
A.PROCEDURE
(1)By Regulation (EC) No 1742/2000(4), the Commission imposed
provisional antidumping duties on imports into the Community
of certain polyethylene terephthalate (PET) originating in India,
Indonesia, Malaysia, the Republic of Korea, Taiwan and Thai-land.
(2)By Regulation (EC) No 1741/2000(5), the Commission imposed
provisional countervailing duties on imports into the Community
of PET originating in India, Malaysia, Taiwan and Thailand.
(3)Following the adoption of the provisional anti-dumping and
countervailing measures, the Commission continued the investi-gation of dumping, subsidisation, injury and Community interest.The definitive findings and conclusions of the investigation areset out in Regulation (EC) No 2604/2000(
6) imposing definitive
anti-dumping duties on imports of PET originating in India,
Indonesia, Malaysia, the Republic of Korea, Taiwan and Thai-land and in Council Regulation (EC) No 2603/2000(
7) imposing
definitive countervailing duties on imports of PET originating inIndia, Malaysia and Thailand.
(4)The investigations confirmed the provisional findings of injur-ious dumping relating to imports originating in India, Indonesia,Malaysia, the Republic of Korea, Taiwan and Thailand and ofinjurious subsidisation relating to imports originating in India,Malaysia and Thailand.
B.UNDERTAKINGS
(5)Subsequent to the adoption of provisional anti-dumping and
countervailing measures, two exporting producers in India thatparticipated in bothinvestigations offered undertakings (with in2000D0745 — EN — 22.03.2002 — 001.001 — 2
(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 288, 21.10.1997, p. 1.
(4) OJ L 199, 5.8.2000, p. 48.
(5) OJ L 199, 5.8.2000, p. 6.
(6) See page 21 of this Official Journal.
(7) See page 1 of this Official Journal.
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the meaning of Article 8(1) of the basic AD Regulation and
Article 13(1) of the basic AS Regulation). Moreover, as regardsthe anti-dumping investigation, two of the exporting producers in
Indonesia offered undertakings. According to these undertakings,
the exporting producers in question have offered not to sell totheir unrelated customers below certain minimum prices.
(6)The Commission considers that the undertakings offered by the
Indian companies, Pearl Engineering Polymers Limited and Reli-
ance Industries Limited, can be accepted since they eliminate theinjurious effects of dumping and subsidisation. The Commissionalso considers that the undertakings offered by the Indonesiancompany, P.T. Polypet Karyapersada, can be accepted since it
eliminates the injurious effect of dumping. Moreover, the regular
and detailed reports which the companies undertook to provideto the Commission will allow effective monitoring. Furthermore,the cooperation of these companies during the investigation,their structure and their sales organisation, and the specificitiesof the present product are such that the Commission considers
that the risk of circumvention of the undertaking(s) will be
limited.
(7)A second Indonesian company also offered an undertaking.However, the company provided false and misleading informa-
tion in respect of certain aspects of the antidumping
investigation which affected the accuracy and reliability of itscooperation (See recital 13 of Regulation (EC) No 2604/2000).Accordingly, the Commission was not satisfied that an under-tkaing from this company could be effectively monitored and
the offer was rejected.
(8)In order to ensure the effective respect and monitoring of the
undertakings, when the request for release for free circulationpursuant to the undertakings is presented, exemption from the
duty is conditional on presentation to the customs service of the
Member State concerned of a valid ‘Undertaking invoice’. Suchundertaking invoice has to be issued by the exporting producersfrom whom the undertakings are accepted and must contain theinformation listed in the Annexes to Regulation (EC) No 2604/2000 and Regulation (EC) No 2603/2000. Where no such
invoice is presented, or when it does not correspond to the
product presented to customs, the appropriate rate of duty shouldbe payable in order to ensure the effective application of theundertakings.
(9)In the event of a breach, or withdrawal of the undertakings, or ifthere are reasons to believe that the undertakings have beenbreached, a provisional or definitive duty may be imposedpursuant to Article 8(9) and (10) of the basic AD Regulationand, where applicable, pursuant to Article 13(9) and (10) of the
basic AS Regulation,
HAS ADOPTED THIS DECISION:
Article 1
The undertakings offered by the exporting producers mentioned below,
in the framework of the anti-dumping proceeding concerning imports
of certain polyethylene terephthalate (PET) originating in India, Indo-
nesia, Malaysia, the Republic of Korea, Taiwan and Thailand and inthe framework of the anti-subsidy proceeding concerning imports ofcertain polyethylene terephthalate (PET) originating in India, Indonesia,Malaysia, the Republic of Korea, Taiwan and Thailand are hereby
accepted.
Country ManufacturerTARIC additional
code
India Pearl Engineering Polymers Limited A1822000D0745 — EN — 22.03.2002 — 001.001 — 3
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Country ManufacturerTARIC additional
code
India Reliance Industries Limited A181
India Futura Polymers Limited A184Indonesia P.T. Polypet Karyapersada A193
Article 2
This Decision shall enter into force the day after its publication in the
Official Journal of the European Communities .
This Decision shall be binding in its entirety and directly applicable in
all Member States.2000D0745 — EN — 22.03.2002 — 001.001 — 4
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