EN Official Journal of the European Union L 211/1

COUNCIL REGULATION (EC) No 1333/2005

of 9 August 2005

amending Regulation (EC) No 428/2005 imposing definitive anti-dumping duty on imports of polyester staple fibres originating in the People’s Republic of China and Saudi Arabia

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 Community (1) (the basic Regulation), and in particular Articles 8 and 9 thereof,

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

Whereas:

(1) The Council, by Regulation (EC) No 428/2005 (2) (the definitive Regulation), imposed definitive anti-dumping duties on imports of polyester staple fibre (PSF) originating in the People’s Republic of China and Saudi Arabia, amended the definitive anti-dumping duties in force on such imports originating in South Korea and terminated the anti-dumping proceeding in respect of such imports originating in Taiwan.

(2) Saudi Basic Industries Corporation (Sabic), on its behalf and on that of all related companies, including the related producer of the product concerned, Arabian Industrial Fibres Company (Ibn Rushd), offered an acceptable undertaking before publication of the definitive findings but at a stage when it was administratively impossible to include its acceptance in the definitive Regulation.

(3) The Commission, by Decision 2005/613/EC (3), accepted the undertaking offer by Sabic. The Decision set outs the reasons for accepting this undertaking. The Council recognises that the revisions introduced to the undertaking offer eliminate the injurious effect of dumping and limit to a sufficient degree the risk of circumvention in the form of cross-compensation with other products.

(4) In view of the acceptance of the undertaking offer, it is necessary to amend Regulation (EC) No 428/2005 accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraphs shall be added to Article 1 of Regulation (EC) No 428/2005:

‘4. Imports declared for release into free circulation shall be exempt from the anti-dumping duties imposed by paragraphs 1 and 2, provided that they are manufactured, shipped and invoiced by companies from which undertakings are accepted by the Commission and the names of which are listed in the relevant Commission Decision or Regulation, as from time to time amended, and have been imported in accordance with the provisions of that Commission Decision or Regulation. 5. The imports mentioned in paragraph 4 shall be exempt from the anti-dumping duty provided that: (a) the goods declared and presented to customs correspond precisely to the product described in paragraph 1; (b) a commercial invoice containing at least the elements listed in the Annex is presented to Member States’ customs authorities upon presentation of the declaration for release into free circulation; and (c) the goods declared and presented to customs correspond precisely to the description on the commercial invoice.’

Article 2

The text as set out in the Annex shall be added to Regulation (EC) No 428/2005.

Article 3

This Regulation shall enter into force on the day following 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, 9 August 2005. For the Council The President J. STRAW

(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 71, 17.3.2005, p. 1.

(3) See page 20 of this Official Journal.