1999D0071 — EN — 30.09.2001 — 001.001 — 1
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►B COMMISSION DECISION
of 6 January 1999
accepting undertakings offered in connection with the anti-dumping proceeding concerning imports
of hardboard originating in Bulgaria, Estonia, Latvia, Lithuania and Poland and terminating the
proceeding without measures in respect of such imports originating in Brazil
(notified under document number C(1998) 4533)
(1999/71/EC)
(OJ L 22, 29.1.1999, p. 71)
Amended by:
Official Journal
No page date
►M1Commission Decision 2001/707/EC of 21 August 2001 L 261 65 29.9.2001
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COMMISSION DECISION
of 6 January 1999
accepting undertakings offered in connection with the anti-dumping
proceeding concerning imports of hardboard originating inBulgaria, Estonia, Latvia, Lithuania and Poland and terminatingthe proceeding without measures in respect of such imports
originating in Brazil
(notified under document number C(1998) 4533)
(1999/71/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 not membersof the European Community(
1), as last amended by Regulation (EC) No
905/98(2), and in particular Articles 8(1) and 9(2) thereof,
After consulting the Advisory Committee,
Whereas:
(1)By Regulation (EC) No 1742/98(3) the Commission imposed
provisional anti-dumping duties on imports in the Community ofhardboard originating in Brazil, Bulgaria, Estonia, Latvia,
Lithuania, Poland and Russia and provisionally accepted price
undertakings offered by certain exporting producers in thecountries concerned by the proceeding, with the exception ofRussia.
(2)Following the adoption of the provisional anti-dumping measures,in accordance with Article 8(6) of Regulation (EC) No 384/96(hereinafter referred to as the ‘Basic Regulation’, the Commissioncontinued the investigation of dumping, injury and Communityinterest. The definitive findings and conclusions of the investiga-
tion are set out in Council Regulation (EC) No 194/1999
imposing definitive duties(
4).
(3)Based on the definitive findings of the investigation, it was
concluded that the injury suffered by the Community industry was
not caused by imports of hardboard originating in Brazil, that theproceeding should be terminated without the adoption ofprotective measures with regard to this country and that theundertakings provisionally accepted from the exporting producersin Brazil should lapse according to Article 8(6) of the Basic
Regulation.
(4)The investigation confirmed the provisional findings of injurious
dumping relating to imports originating in Bulgaria, Estonia,
Latvia, Lithuania, Poland and Russia.
(5)The Commission considers that the price undertakings offered by
the exporting producers and provisionally accepted in Commis-
sion Regulation (EC) No 1742/98 are an effective measure to
remove the injury caused by the dumped imports, since theirprices are such as to eliminate the injurious effect of the dumping,they only cover imports of areduced number of product types a ndonly up to a certain quantity threshold. Indeed, without these threeconditions effective monitoring would not be practicable and
companies would be encouraged to circumvent the undertaking
by declaring as covered by the undertaking product types outsideits scope.1999D0071 — EN — 30.09.2001 — 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, 6. 8. 1998, p. 16.
(4) See page 16 of this Official Journal.
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(6)In accordance with the provisions of the undertakings, the
minimum prices contained therein have been amended in line
with the definitive findings of the investigation.
(7)Having been informed of the main facts and considerations on thebasis of which the Commission intended to accept the under-
takings, the Community industry did not raise any objections to
the acceptance of the proposed undertakings.
(8)In the event of a breach or withdrawal of the undertaking adefinitive anti-dumping duty may be imposed, pursuant to Article
8(9) and (10) of the Basic Regulation,
HAS ADOPTED THIS DECISION:
Article 1
1. The undertakings offered by the producers mentioned below, in the
framework of the anti-dumping proceedings concerning imports ofhardboard into the Community of hardboard originating in Bulgaria,Estonia, Lithuania and Poland are hereby accepted:
Country CompanyTARIC additional
code
Bulgaria Fazerles AD 8496
Bulgaria Lessoplast AD 8497
EstoniaAS Repo Va brikud 8498
Lithuania JSC Grigiskes 8510
Poland Alpex-Karlino SA 8511
Poland Czarna Woda Zaklady Plyt
Pilśniowych8600
Poland Ekoplyta SA 8513
Poland Zaklady Plyt Pil śniowych SA, Prze-
mysl8545
Poland Koniecpolskie Zaklady Plyt
Pilśniowych SA8546
Poland Zaklady Plyt Pil śniowych SA w
Krosnie Odrzanskim8547
2. The investigations in connection with the anti-dumping proceed-
ings referred to in paragraph 1 are hereby terminated with regard to the
parties named in that paragraph.
Article 2
The proceeding in respect of imports of hardboard originating in Brazil
is hereby terminated without adoption of protective measures.
Article 3
This Decision shall enter into force on the day following its publication
in the Official Journal of the European Communities .1999D0071 — EN — 30.09.2001 — 001.001 — 3
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