Proposal for a Council Regulation (EC) imposing a definitive anti-dumping duty on certain imports of flat pallets of wood originating in the Republic of Poland and collecting definitively the provisional duty imposed
Date: 1997-11-07
Institutions: European Commission
Subjects: Poland, anti-dumping duty, dumping, import, wood product

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  07.11.1997 
COM(97) 569 final 

Proposal  for a 

COUNCIL REGULATION  (EO 

imposing a definitive  anti-dumping duty on certain imports of flat pallets of 

wood originating in the Republic of Poland and collecting definitively  the 

provisional duty imposed 

(presented by the  Commission) 

EXPLANATORY MEMORANDUM 

By Regulation (EC)  1023/971, the Commission  imposed provisional anti-dumping  duties 

on  certain  imports  of  flat  pallets  of wood  originating  in Poland  falling  within  CN  code 

4415  20  20.  Simultaneously,  the  Commission  accepted  undertakings  offered  by  certain 

exporters for the most important type of pallet, namely the EUR-pallet. 

In August  1997, the provisional  regulation  was amended2  to grant  a number  of  genuine 

new  Polish  exporters  the  same  treatment,  in  terms  of  provisional  measures,  as  the  one 

given  to  co-operating  companies  not  selected  in  the  sample,  namely  a  duty  of  6.3% 

instead  of  10.6% and  acceptance  of undertakings  offered  with  regard  to the  EURjpallet 

type-

Subsequently,  interested  parties  were  also  given  the  opportunity  to  make  their  point  of 

view known in writing and to request a hearing. Their comments were taken into account 

where  appropriate.  The  Commission  continued  to  seek  all  information  it  deemed 

necessary for.its definitive  findings. 

Apart  from  minor  changes  concerning  the  dumping  margin  of  two  investigated  Polish 

exporters  which  decreased  from  6.3% to  5.9%,  the provisional  conclusions  on  dumping 

are  confirmed. 

Given  the  fact  that  as  far  as  injury,  causality  and community  interest  are concerned,  no 

new arguments  leading  to a change of the provisional  conclusions  were submitted,  it  is 

confirmed  that the Community  industry  suffered  from  material  injury  caused by dumped 

imports and that it is in the Community interest to adopt definitive measures. 

In  view  of  the  above  findings,  it  is  proposed  to  adopt  the  following  definitive  anti 

dumping measures : 

1  OJ No L 150, 6/06/1997, p.4 

2  OJ No L 225,  15/08/1997, p.  11 and p. 13. 

undertakings  to be accepted  with  regard  to  the  EUR-pallet  when  offered  by a number 

of further  genuine new exporters by a Commission decision. 

Duties :  - no duties for two investigated companies for which no dumping was found 

- duties varying from  4% to 10.6% for the other companies investigated 

- a weighted average duty of 6.3% for co-operating companies 

- a residual duty of  10.6% for the other companies 

au 

Council Regulation (EC) No  191 

of.... 

imposing a definitive anti-dumping duty on certain imports of flat pallets of 

wood originating in the Republic of Poland and collecting definitively  the 

provisional duty 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 
Community1,  as  amended  by  Regulation  (EC)  No  2331/962,  and  in  particular 

Articles 9(4) and  10(2)  thereof, 

Having regard to the proposal presented  by the Commission  after  consulting  the 

Advisory Committee, 

Whereas: 

A.  PROVISIONAL MEASURES 

(1)  The Commission,  by  Regulation  (EC) No  1023/973 (hereinafter  referred  to  as  the 

provisional  Regulation)  imposed  provisional  duties  on  certain  imports  into  the 

1  OJNoL56,  6.3.1996,  p. 1. 

2 

OJNoL317,6.12.1996,p.l. 

3  OJNoL150,  7. 6.1997, p. 4. 

lé> 

Community  of  Hat  pallets  of  wood  falling  within  CN  code  ex  4415  20  20  and 

originating  in  Poland.  In  addition,  undertakings  offered  by  certain  exporters  in 

connection  with those  imports were accepted  by the same Regulation. The product 

scope of these undertakings was limited to a certain type of flat pallets of wood, i.e. 

EUR-pallets. 

(2)  By Regulation (EC) No  1632/974, the Commission amended the above provisional 

Regulation  by  adding  a  provision  whereby  genuine  new  Polish  exporters  can  be 

attributed  the  weighted  average  duty  applicable  to  co-operating  companies  not 

included  in  the  sample  of  exporters  investigated  and  can  have  undertakings 

accepted with regard to exports of EUR-pallets. 

(3)  By  Regulation  (EC)  No  1633/975,  in  application  of  the  above-mentioned  new 

provision,  the  Commission  further  amended  the  provisional  Regulation  by 

including a number of genuine new exporters in the list of companies receiving the 

weighted  average  duty  and  by  accepting  undertakings  from  some  of  these  new 

exporters. 

B.  SUBSEQUENT PROCEDURE 

(4)  Following  the  imposition  of  provisional  anti-dumping  duties,  several  interested 

parties submitted  comments  in writing. The parties who so requested  were  granted 

an opportunity to be heard by the Commission. The Commission  continued  to seek 

and verify  all the information  it deemed necessary  for the purpose  of  its  definitive 

findings. 

(5)  Parties  were  informed  of  the  essential  facts  and  considerations  on  the  basis  of 

which  it  was  intended  to  recommend  the  imposition  of  definitive  anti-dumping 

4  OJ No L 225, 15.08.1997, p. 11. 

5  OJ No L 225,  15.08.1997,  p. 13. 

duties  and  the  definitive  collection  of  amounts  secured  by  way  of  provisional 

subsequent to this disclosure. 

(6)  The comments submitted  by the interested parties were duly examined  and. where 

deemed appropriate, taken into account in making the definitive  findings. 

C.  PRODUCT CONCERNED AND LIKE PRODUCT 

(7)  According to Recitals (8) and (9) of the provisional  Regulation, the product  under 

consideration  is  flat  wooden  pallets,  falling  under  CN  code  ex  4415  20  20  and 

originating in Poland. 

It  appeared  that  the  provisional  anti-dumping  duty  on  wooden  pallets  was  not 

applied  consistently  by  Customs  authorities.  For  example,  while  some  customs 

offices  applied  the  provisional  anti-dumping  duty  on  used  and  repaired  pallets, 

others did  not.  It  was also  reported  that  the  anti-dumping  duty  had  in  some cases 

been applied to pallets when they were loaded with other goods for the purpose of 

importing these goods into the Community. 

(8)  Despite  the  fact  that  used  and  repaired  pallets  have  a  similar  use  and  physical 

characteristics  closely  resembling  the  product  concerned,  i.e.  newly  produced 

pallets,  the  investigation  has  shown  that  newly  produced  pallets  on  the  one  hand 

and used and repaired  pallets on the other hand differ  substantially  in terms of the 

perception  by  potential  pallet  users  and  channels  through  which  they  are  usually 

sold. 

(9)  On the basis of the foregoing,  it is concluded that used and repaired  pallets cannot 

be considered to be like products in accordance with the provisions of  1 (4) of the 

Basic  Regulation  and  therefore  these  pallets  are  not  covered  by  the  scope  of  the 

present  investigation.  It  follows  that  anti-dumping  measures  should  not  apply  to 

used and repaired pallets but only to imports of newly produced flat wooden pallets 

originating in Poland. 

In addition, as regards  flat  pallets of wood originating  in Poland  which  are loaded 

with other goods for the purpose of importing these goods into the Community, the 

Commission  is of the opinion that these should be treated  as used  pallets provided 

that  the  pallets  represent  only  a minor  proportion  of  the  total  value  of  the  loaded 

goods imported. 

D.  DUMPING 

1. Normal value 

(10)  As  set  out  in  recital  (16)  of  the  provisional  Regulation,  in  constructing  normal 

values  for  pallets  other  than  the  EUR-pallet,  the  weighted  average  profit  margin 

relating  to  domestic  sales  found  for  two  investigated  companies  which  had 

representative and profitable  domestic sales was used for other Polish exporters not 

having  made  representative  and/or  profitable  domestic  sales,  in  accordance  with 

Article 2(6)(a) of the Basic Regulation. 

(11)  Two of these other Polish exporters claimed that the domestic sales used as a basis 

for  determining  this weighted  average profit  margin may not be representative  due 

to circumstances which are particular to the two companies having made these sales 

and which  may thus have generated  exceptionally  high profit  levels. However, the 

investigation has shown that the sales used to calculate the weighted  average  profit 

margin have been made in sufficient  quantities and in the ordinary  course of trade, 

and  that  the  resulting  profit  margin  can  be  considered  to  reasonably  reflect  the 

actual amounts of profit realised on the Polish market. 

(12)  With regard  to the  remaining  aspects  of normal  value, in the  absence  of any  new 

argument  raised  by  the  interested  parties,  the  methodology  and  the  findings  as 

described in recitals (16) to (18) of the provisional Regulation are confirmed. 

2. Export price 

(13)  Following  disclosure  of  the  provisional  findings,  two  Polish  exporters,  for  whom 

export  prices  have  been  constructed  in  accordance  with  Article  2(9)  of  the  Basic 

Regulation,  and  their  related  importer  in  the  Community  have  claimed  that  the 

adjustments  made  for  SG&A-expenses  and profit  were  excessive  in respect  of the 

amounts actually attributed to the product under investigation. 

(14)  As  regards  profits,  the  Commission  has  re-examined  the  issue  and  has  sought 

additional  information  and evidence from  independent  importers of wooden  pallets 

on  profits  realised  in  the  investigation  period,  i.e.  the  calendar  year  1994 

(hereinafter  referred  to as the "IP"). As a result of this re-examination  the  findings 

made  for  the  purpose  of  the  provisional  measures  are  confirmed  and,  therefore, 

retained as definitive  findings. 

(15)  In the  provisional  Regulation,  the amount  of  SG&A  expenses  was determined  by 

allocating  these  expenses  to  the product  concerned  on  the  basis  of turnover.  This 

allocation key was used in the absence of a specific,  historically  utilised  allocation 

or any other more appropriate  method. The company  also agreed  to this approach 

during  the  on-the-spot  verification.  Afterwards  the  importer  proposed  a  different 

allocation  of  SG&A  expenses  based  on  an  estimated  apportionment  of  all  cost 

items to the product concerned and other activities of the company. However, given 

that  it  has  not  been  shown  that  the  new  allocation  method  has  been  historically 

used, the claim had to be rejected and preference  given to the allocation of costs on 

the basis of turnover, in accordance with Article 2(5) of the Basic Regulation. 

(16)  With  regard  to  the  remaining  aspects  concerning  the  determination  of  the  export 

price,  in  the  absence  of  any  new  argument  raised  by  the  interested  parties,  the 

methodology and the findings as described in recitals (19) to (21) of the provisional 

Regulation are confirmed. 

3.  Comparison 

(17)  In  the  absence  of  any  new  argument  raised  by  the  interested  parties,  the 

methodology  and  the  findings  made  with  regard  to  the  comparison  between  the 

export  price  and  the  normal  value  as  described  in  recitals  (22)  to  (25)  of  the 

provisional Regulation are confirmed. 

4. Dumping margins 

(18)  As set out in recital (27) of the provisional Regulation, one single dumping margin 

was  allocated  to  the  two  Polish  exporters  which  are  both  related  to  the  same 

importer  in the Community,  in order to preclude the possibility  that  future  exports 

to  the  Community  might  be  channelled  through  the  company  having  the  lower 

margin. The single dumping  margin applicable  to both Polish  exporters  concerned 

was  calculated  on  the  basis  of  the  weighted  average  of  the  individual  dumping 

margins found for each company. 

(19)  As a result of the revision of the methodology  provisionally  used to weigh the two 

margins,  the  definitive  single  dumping  margin  to  be  applied  to  both  companies 

amounts to 5.9% instead of 6.3%. 

(20)  As regards the dumping  margins found  for  the Polish exporters  in the sample, the 

margin  applicable  to  co-operating  exporters  not  investigated  and  the  margin 

applicable  to  non-co-operating  exporters  not  investigated,  in  the  absence  of  any-

new argument, the methodology  and findings  as set out in recitals (26) and  (28) to 

(31) of the provisional Regulation are confirmed. 

(21)  In view of the above, the definitive  dumping margins are as follows: 

Investigated companies included  in the sample: 

•  P.P.H.i.U. Eldagran, Slawoborze 

•  Intur-Kfs, Spolka z o.o., Inowroclaw 

4.9% 

9.7% 

•  Z.P.H. Palettenwerk Kazimierz Kozik, Bystra Podhalanska 

4.0% 

•  RSP Rzecko, Choszczno 

•  Sabelmar Import-Export, Konczyce Male 

•  Paletex , Roman Panasiuk, Warszawa 

•  Tor-Pal, Spolka z o.o.,  Kwidzyn 

•  Z.P.P.D., Zielona Gora 

0.0% 

9.8% 

9.8% 

0.0% 

10.6% 

2. Individually treated companies (PPHU Alpa, Spolka zo o, 

Dobrzyca and PPHU Palimex, Spolka z o o,  Wloszakowice) 

5,9% 

3.  Co-operating companies not investigated: 

4.  Non-co-operating companies 

6.3% 

10.6% 

E.  DETERMINATION OF THE COMMUNITY INDUSTRY 

(22)  As  no  new  arguments  were  received  in  connection  with  the  definition  of  the 

Community  industry  as  set  out  in  recital  (32)  of  the  provisional  Regulation,  the 

qualification  of  the  complaining  industry  as  the  Community  industry  for  the 

purposes of the present investigation is confirmed. 

F. 

INJURY 

(23)  A  main  submission  with  regard  to  injury  was  received  from  two  related  Polish 

exporters.  They  claimed  that  the  Commission  only  analysed  the  changes  in 

consumption  .between  the  beginning  and  the  end  of  the  period  covered  by  the 

examination  of  injury,  thus  not  taking  into  account  the  variations  which  had 

occurred  between  1992  and  the  IP.  According  to  these  exporters,  the  trends 

concerning consumption and other injury  indicators such as sales, market share and 

production,  observed  between  1992  and  the  IP,  corroborated  the  fact  that  the 

Community industry did not suffer  any  injury. 

(24)  As a matter of principle it should be recalled that in anti-dumping  investigations the 

time period on which the analysis and the determination of injury  is based, covers a 

period of  several  years. As mentioned  in recital  (6) of the provisional  Regulation, 

in the investigation  at issue this period covered the time from  1  January  1991 to the 

end of the IP, namely 31 December 1994. 

As  set  out  in  recitals  (51)  to  (53)  of  the  provisional  Regulation,  injury  has  been 

assessed  and  determined  in  the  light  of  the  evidence  available  for  the  period 

covering  the  analysis  of  injury  by  considering  the  development  and  trends  of  the 

various injury  indicators throughout this entire period. 

(25)  The analysis of injury  has shown that dumped imports have continuously  increased 

both  in  absolute  terms  (+  87%)  as  well  as  in  terms  of  Community  market  share 

(+83%) from  1991 to the IP (1994). 

(26)  As regards prices, it has been found  that Polish pallet prices decreased  significantly 

over  the  above  period,  i.e.  by  26%.  Furthermore,  during  the  IP  an  average  price 

undercutting level of 14% was found to exist. 

(27)  As far  as the  situation  of the  Community  industry  is concerned, the  investigation 

has shown that all the injury  indicators investigated  and analysed  in detail, namely 

sales,  production,  capacity  utilisation,  market  share,  profitability,  price  evolution 

and employment have continuously deteriorated since  1991. 

The  imports  under  investigation  therefore  had  a  considerable  impact  on  both  the 

Community  market  and  the  Community  industry.  As  mentioned  in  recital  (51)  of 

the  provisional  Regulation  this  conclusion  was  reached  despite  the  fact  that  the 

Community  industry's  production,  capacity  utilisation  and  sales  improved  from 

1993  up  to  the  IP  due  to  the  fact  that  this  improvement  was  only  the  result  of a 

recovery  of  Community  consumption  back  to the  level  prevailing  in  1991. Other 

factors,  notably  the  development  of  the  Community  industry's  market  shares, 

prices  and  profitability,  clearly  showed  a  negative  trend  which  can  only  be 

explained  by  the  existence  of  the  dumped  imports.  The  argument  raised  by  the 

Polish exporters could therefore not be accepted. 

(28)  As there is no concrete or positive evidence which would allow the modification  of 

the  provisional  conclusion  made  by  the  Commission  whereby  the  Community 

industry  had  suffered  material  injury  within the meaning  of Article  3 of the Basic 

Regulation, this conclusion is confirmed. 

G.  CAUSATION OF INJURY 

(29)  As far  as the analysis of the causal  link between  dumping  and  injury  is concerned 

the  above-mentioned  Polish  exporters  claimed 

that  this  analysis  was  not 

consistently based on data relating to the whole Community. 

In  this  respect  reference  is  made  to  recitals  (54)  to  (69)  of  the  provisional 

Regulation  where  it has  been established  that  a causal  link  between  dumping  and 

injury existed on a Community-wide level. The provisional Regulation also pointed 

out  that  the  aforementioned  conclusion  has  been  reinforced  and  confirmed  by  a 

more detailed and thorough  analysis carried out in specific  Member States  referred 
to as "selected markets1' in the provisional  Regulation. This analysis clearly showed 

that the claim made by these two exporters could not, therefore, be accepted. 

(30)  In  the  absence  of  any  further  argument,  the  findings  set  out  in 

the  provisional 

Regulation  are  confirmed  indicating  that  in  accordance  with  Article  3  (6)  of  the 

Basic  Regulation  dumped  imports  have  caused  material  injury  to  the  Community 

industry. 

H.  COMMUNITY INTEREST 

(31)  As  no  new  arguments  were  received  in  connection  with  the  Community  interest 

analysis  made  in  the  provisional  Regulation,  the  provisional  findings  are 

confirmed. 

I. 

ANTI-DUMPING  MEASURES 

(32)  Based  on  the  above  conclusions  on  dumping,  injury,  causal  link  and  Community 

interest,  it  was  considered  what  form  and  level  of  anti-dumping  measures  would 

have  to  be  taken  in  order  to  remove  the  trade-distorting  effects  of  injurious 

dumping and to restore effective  competitive conditions on the Community  market. 

(33)  Since  the  level  of  prices  at  which  the  injurious  effects  of  the  imports  would  be 

removed was higher than the dumping margins found  in the investigation, the level 

of the measures should be based on the dumping margins. 

(34)  As already mentioned  in recital (2), the Commission has, at the provisional'stage of 

the  investigation,  accepted  undertakings  pursuant  to  Article  8  of  the  Basic 

Regulation  in respect of the EUR pallet. Pursuant to these undertakings, the  Polish 

exporters have, inter alia, offered  not to sell EUR pallets below a certain  minimum 

price. The  undertakings  also  contain  strict  monitoring  provisions.  Furthermore,  it 

will  be  recalled  that  exports  of  other  pallet  types  than  the  EUR  pallet  made  by 

exporters  from  which  an undertaking  was accepted  as well  as all  other  exports  of 

the product concerned to the Community  made by other exporters were subject  to a 

provisional anti-dumping duty. 

10 

(35)  It  is now definitively  confirmed  that  the  combined  effect  of the  undertakings  and 

the  anti-dumping  duty  is  considered  sufficient  to  remove  the  injurious  effects  of 

dumping. Since the investigation has now been concluded, definitive  anti-dumping 

duties will be imposed  in case of violation or withdrawal  of an  undertaking  given 

by  any  exporter.  The  level  of  the  duty  for  the  EUR-pallet  type  in  case  of  such 

breach  or  violation  would  be  the  same  as the  duty  applicable  to  imports  of  other 

types of pallet. 

(36)  On the above  basis, and, where applicable,  in parallel  with  undertakings accepted, 

definitive duties, in the form of  ad valorem duties, should be imposed. 

J.  NEW EXPORTERS 

(37)  As  already  mentioned  in  recital  (3)  above,  the  Commission,  by  Regulation  (EC) 

1633/97 amending the provisional Regulation, attributed the weighted average duty 

imposed  on  co-operating  exporters  not  investigated  to  a  number  of  genuine  new 

exporters.  By 

the  same  amending 

regulation 

the  Commission  accepted 

undertakings  with  regard  to  EUR-pallets  from  some  of  these  new  exporters,  thus 

exempting them from any provisional duty with regard to that type of pallet. 

This treatment of genuine new exporters is confirmed  definitively. 

(38)  In the meantime, the Commission  has received  further  applications  from  allegedly 

new exporters.  Those  applicants  which  provided  sufficient  evidence  showing  that 

they  are  genuine  new  exporters  should  be  made  subject  to  the  weighted  average 

definitive  duty.  Furthermore,  the  new  exporters  from  which  the  Commission  has 
accepted  an  undertaking  by  Commission  decision  97/X/EC6  should  be  exempted 

from any anti-dumping duty with regard to that type of pallet. 

6  See page X of this Official  Journal 

11 

(39)  A  provision  should  be  included  in  the  Regulation  imposing  definitive  duties 

whereby, through an amendment of that Regulation, any genuine new exporters who 

may come forward  in the future  shall be made subject  to the weighted  average duty 

and shall be exempted  from  any duty in case the Commission  accepts undertakings 

from those exporters. 

K.  COLLECTION OF THE PROVISIONAL DUTIES 

(40) In view of the magnitude of the dumping margins found  for the exporting producers 

and in the light of the seriousness of injury  caused to the Community  industry, it is 

considered necessary that the amounts secured by way of provisional  anti-dumping 

duties should be definitively  collected at the level of the definitive  duties for newly 

produced  flat  pallets of wood originating  in Poland. Amounts  secured  in excess of 

the level of the definitive  duties and amounts secured for repaired, used and loaded 

pallets shall be released. 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. A definitive  anti-dumping duty is imposed on imports of new flat pallets of wood  falling 

within CN code ex 4415 20 20 (TARIC code: 4415 2020  10), originating  in Poland. This 

duty shall not apply to imports of used and of repaired flat pallets of wood. 

Fiat pallets of wood'which are loaded with other gooes for the purpose of importing theie 

goods  into the  Community  showki be treated as \m4  pfJiets  provided  that  the  goods  in 

question  are thf  mmn purpose of the import ai*d thai tto# pallets  represent  only  a minor 

proportion of the total value of the goods imported. 

12 

2. The rate of definitive  anti-dumping duties applicable to the net  free-at-Community 

frontier  prices, before duty, shall be as follows: 

Manufacturer 

Zielonogorskie Przedsiebiorstwo Przemyslu  Drzewnego, 
PL-65-950 Zielona Gora 

Firma "Sabelmar" - Leszek Sabela, PL-43-525 Konczyce Male 

P.P.H.U. "Alpa" Sp. z o.o., PL-76-038 Dobrzyca 

P.P.H.U. "Palimex" Sp. zo.o,  PL-64-140 Wloszakowice 

P.W. "Intur-KFS" Sp. z o.o., PL-88-100 Inowroclaw 

"Paletex" Produkcja  Palet, Roman  Panasiuk, PL-01-601 Warszawa 

Przedsiebiorstwo  Produkcyji  Handlu  I Uslug S.C. "Eldagran", 
Mr. M. Zeminski, PL-78-314 Slawoborze 

Z.P.H. "Palettenwerk" - K. Kozik, PL-34-789 Bystra Podhalanska 

Przedsiebiorstwo Produkcyjno  Handlowe 
"Tor-Pal" Sp.z.o.o. 
PL-82-500 Kwidzyn 
Rolnicza Spoldzielnia  Produkcyjna  Rzecko 
PL-73-200 Choszczno 
Companies listed in Annex  I to this regulation 

Rate of 
Duty 

10,6% 

I Taric 

Additional 
Code 

8013 

9,8% 

5^9% 

5,9% 

9J% 

9,8% 

4,9% 

4,0% 

0% 

0% 

6,3% 

8014 

8011 

8ÏÏÏ5 

8ÔÏ6 

8014 

8ÔÏ7 

8ÔÏ8 

8020 

8020 

8019 

Others 

10,6% 

89ÔÔ 

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

Article 2 

Notwithstanding  Article  1, the  duties  shall  not  apply  to  imports  of  one  specific  pallet 

type, namely the EUR-pallet, being a flat pallet of wood, marked  by the registered mark 

"EUR"  and  the  initials  of  the  approving  railway,  manufactured,  exported  to  the 

Community  and  invoiced  to  buyers  established  in  the  Community  by  the  companies 

listed in Annex II to this regulation in respect of which undertakings have been accepted 

by  Commission  Regulation  (EC) No  1023/97, as amended  by  Commission  Regulations 

No 1632/97 and No  1633/97, and Commission Decision xx/xx/ 

13 

»  Article 3 

The  amounts  secured  by  way  of  provisional  anti-dumping  duty  under  Regulation  (EC) 

No  1023/97  as  last  amended  by  Regulation  (EC)  No  1633/97  shall  be  definitively 

collected  at  the  duty  rates  definitively  imposed.  Amounts  secured  in  excess  of  the 

definitive  rate of anti-dumping  duty  and  amounts  secured  for  repaired, used  and  loaded 

pallets shall be released. 

Article 4 

1. Where any party provides sufficient  evidence to the Commission that: 

- it did not export to the Community or produce the goods described  in Article 

1(1) of  this Regulation during the investigation period 

- it is not related to any of the exporters or producers in the exporting country 

which are subject to the anti-dumping duties imposed by this Regulation, 

- it has actually exported to the Community the goods concerned after the 

investigation  period , or  it has entered into an irrevocable contractual 

obligation  to export a significant  quantity to the Community, 

then the Council, acting by simple majority  on a proposal submitted by the Commission 

after consulting the Advisory Committee, may amend  this Regulation by adding that 

party to the list of companies in Annex I. 

2. Where the Commission accepts undertakings with regard to the EUR-pallet from any 

party mentioned in Paragraph  1  of this Article with regard to the EUR-pallet, the 

Council, acting by simple majority  on a proposal submitted by the Commission  after 

consulting the Advisory Committee, may amend this Regulation by adding 

that party to the list of companies in Annex II. 

14 

Article 5 

This Regulation shall enter into force on the day following  its publication  in the Official 

Journal of the European Communities. 

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

Done at Brussels, 

1997 

For the Council 

15 

ANNEX 1 

Manufacturer 

"Baum-Holz" S.C.,  PL-10-547 Olsztyn 

"DAST" GmbH, PL-60-682 Poznan 

Drew-Pol Export-Import, Mr. Wodarz Norbert, PL-46-030 Murow 

Eugeniusz Dziurny - Czeslaw Nowak, PL-38-313 Snietnica 

F.P.H. "Tina" - E.J. Grabias, PL-40-733 Katowice 

Firma Produkcyjno-Handlowa,  Mr. Tadeusz Fisher, PL-87-313 Maly Gleboczek 

Firma Produkcyjno-Uslugowo-Handlowa  "Rol-Mar", Mr. Adam Piatek, PL-57-300 Klodzko 

Import-Export,  Miroslaw Przybyiek,  PL-98-363 Klonowa 

Internationale Paletten Company, PL-84-300 Lebork 

"Kross-Pol" Sp. z.o.o., PL-78-100 Kolobrzeg 

P.P.H/'Drewnex" S.A.,  PL-31-159 Krakow 

P.P.H. "GKT" S.C., PL-23-414 Majdan Nowy 

P.P.H. "Pamadex" J. Szczypka, PL-43-518 Ligota 

P.P.H. "Unikat", PL-23-408 Aleksandrow IV 

P.P.H.U. "Adapol" S.C., PL-05-200 Wolomin 

P.P.H.U. "Aiwa" Sp. z.o.o., PL-76-123 Tychowo 

P.P.H.U. "SMS" - St. Mrozowicz, PL-83-320 Suleczyno 

P.T.H. "Mirex", PL-78-100 Kolobrzeg 

P.W. "Peteco" Sp. z.o.o., PL-04-330 Warszawa 

Parafia  Rzymsko-Katolicka,  Mr. B. Niepokalaneg Dzialalnose Gospodaroza,  PL-33-300 Nowy Sacz 

Produkcja Palet "Andrzej Adamus", Mr. Marek Gajzler,  PL-63-523 Kuznia Grabowska 

Produkcja,  Skup Palet Drewnanych, Stanislaw  Lachowicz, PL-37-536 Majdan  Sieniawski  170 

Przedsiebiorstwo  "Amesko", Mr. Andrzej Skora, Director, PL-55-100Trzebnica 

Przedsiebiorstwo  Handlowe Uslugowe "Justyna", PL-66-620 Gubin 

Przedsiebiorstwo Handlowe-Uslugowe "Akropol", PL-30-140 Krakow 

Przedsiebiorstwo Handlowe Uslugowe Produkcyjne  "Lech", Mr. Lech Szwec, PL-68-200 Zary 

Przedsiebiorstwo Obrobki Drewna "Palet-Pol" Sp. o.o., Mr. Andrzej Niemiec, PL-66-311  Dabrowka 

WLKP 

Przedsiebiorstwo  Produkcyjno  Handlowe, Zygmunt Skibinski, PL-87-820 Kowal 

Przedsiebiorstwo  Produkcyjno  Handlowe-Uslugowe, "AWA" Sp.z.o.o., PL-33-300 Nowy Sacz 

Przedsiebiorstwo Wielobranzowe, Mr. Zdziolaw Milocki, PL-14-100 Ostroda 

"Scan-Product-System  Wood" S.A.,  Podczerwone, PL-34-470 Czarny  Dunajec 

S.C. "Bed", Mr. DariuszZuk, PL-21-004 Krasienin 

S.U.T.R. "Rol Trak", PL-59-230  Prochowice 

Stolarstwo Export-Import,  Mr. Tadeusz Swirski, PL-57-520 Dlugopole Zdroj 

16 

•  Torunskie Przedsiebiorstwo  Przemyslu  Drzewnego w Toruniu, Mr. Adam  Wisniewski, PL-87-100 

To run 

•  "Transdrewneks" Sp. z.o.o., PL-86-317 Grudziadz-Owczarki 

•  W.Z.P.U.M. "Euro-Tech",  Import-Export  Spedycja,  PL-87-111  Rakszawa 

»  Wytwazanie Skrzyn  i Opakowan  Drewnianych, Malgorzata i Ryszard Nowak, PL-77-207 Piaszyna 

•  Zaklad Produkcyjno  Bohuszko, Mr. Ryszard Bohuszko, PL-69-220 Osno 

Zaklad Produkcyjno  Handlowy "Maw" S.C., Mr. Andrzej Kulej, PL-58-536  Lubomierz 

Zaklad Uslugowo-Handlowy  "Rolmex", Mr. E. Cackowski, Direktor, PL-87-600 Lipno 

Zaklad  Wielobranzowy Produkcyjno  Uslugowy, Ryszard Potoniec, PL-33-370  Muszyna 

Zakzad Przerobu  Drewna, J.Z.S. Kawinscy, PL-78-500 Drawsko Pomorskie 

Zphu  "Drewex",  Spolka Cywilna, Ms. Agnieszka Pawlaczyk,  PL-66-440 Skwierzyna 
ZPHU "Sek-Pol" - "Hadpol*- - Krzysztof  Hadrys, PL-39-400 Tarnobrzeg 

"Euro-Mega-Plus" Sp. z o.o., PL-25-632  Kielce 

"C.M.C", Sp. z.o.o., PL-31-213 Krakôw 

Wyrôb, Sprzedaz, Skup Palet, Josef Kolodziejczyk,  PL-23-408 Aleksandrôw  IV 704 

Firma Produkcyjno  Transportowa, Marian Gierka, PL-87-300 Brodnica 

ZPHU "Drewnex", S.C. Export-Import, PL-62-818 Zelazkôw 45 b 

Import-Export "Elko", Sp. z o.o., PL-62-800 Kalisz 

PPHU "Probox", Import-Export,  PL-62-800 Kalisz 

Drewpal, S.C,  PL-62-820 Stawiszyn 

Zaman, S.C,  PL-26-600 Radom 

"Marimpex", PL-24-100 Pulawy 

"Aven", Sp. z.o.o., PL-66-470 Kostrzyn 

P.P.H.U. "Eurex" S.C,  PL-98-276 Godynice 

P.H. "Drewex SC, PL-84-300 Lebork 

MACED Sklad Palet, Jadu iga Macionga, PL-77-200 Miastko 

ENKEL Spôlka Cywilna. PL-24-100 Pulawy 

PAL-PACK  s.p.z.o.o.,  PL-78-530  Wierzchowo 

Produkcja  Stolarska Posrednictwo Export-Import, W.i.T. HENSOLDT, PL-84-300 Lebork 

Biuro Uslugowo-Handloue. Wieslaw Rzezniczek,  PL-84-300 Lebork 

Przedsiebiorstwo  Produkovjno  Uslugowo Handlowe "DREWPOL", PL-98-277 Braszewiçe 

PTN Kruklanki Sp. Z. o.o.. PL-11-612 Kruklanki 

WEDAM Spôlka Cywilna. PL-83-322 Stezyca 

Import-Export Jan Sibinski. PL-63-524 Czajkow 

Zaklad Produkcyjny  "Tarta", PL-68-300 Lubsko 

Firma "Krausdrew", PL-84-312 Cewice 

"Lidal" Spolka Cywilna, PL-77-200 Miastko 

Zaklad Przerobu  Drewna Import-Export, Stanislaw  Kociolek, PL-57-540 Ladek Zdroj 

P.P.H.U. "Alk", PL-73-240 Bierzwnik 

17 

"Empol" s.c,  PL-62-812 Jastrzebniki 37 

Zaklad Produkcji  Drzewnej Nr.  1, Export-1 m port, Julian  Bartkowski, PL-38-500 Sanok 

Przedsiebiorstwo  Produkcyjno  Handlowe "Drewex", PL-64-700 Czarnkow 

"ZAP" Przedsiebiorstwo  Handlowe-Uslugowe  Sp.C, PL-67-400 Wschowa 

P.P.H.U. "OPAL", Zygmunt Podgorski, PL-38-505 Bukowsko41 

"Algepa-Pol", Spolka z.o.o., PL-68-300 Lubsko 

18 

Manufacturer 

I Tarie Additional  Code 

ANNEX  II 

"Baum-Holz" S.C.,- PL-10-547 Olsztyn 

\ 

Eugeniusz Dziurny - Czeslaw Nowak, PL-38-313 Snietnica 

F.P.H. "Tina" - E.J. Grabias, PL-40-733  Katowice 

Firma "Sabelmar" - Leszek  Sabela, PL-43-525 Konczyce Male 

Import-Export,  Miroslaw Przybyiek, PL-98-363 Klonowa 

Internationale Paletten Company, PL-84-300 Lebork 

"Kross-Pol" Sp. z.o.o., PL-78-100 Kolobrzeg 

P.P.H."Drewnex" S.A.,  PL-3 1-159  Krakôw 

P.P.H. "GKT" S.C,  PL-23-414 Majdan  Nowy 

P.P.H. "Pamadex" J. Szczypka, PL-43-518 Ligota 

P.P.H. "Unikat",  PL-23-408 Aleksandrow  IV 

P.P.H.U. "Adapol" S.C,  PL-05-200 Wolomin 

P.P.H.U. "Alpa" Sp. zo.o., PL-76-038  Dobrzyca 

P.P.H.U. "Aiwa" Sp. z.o.o., PL-76-123 Tychowo 

P.P.H.U. "Palimex" Sp. zo.o., PL-64-140 Wloszakowice 

P.P.H.U. "SMS" - St. Mrozowicz, PL-83-320 Suleczyno 

P.T.H. "Mirex", PL-78-100 Kolobrzeg 

P.W. "Intur-KFS" Sp. z o.o., PL-88-100 Inowroclaw 

P.W. "Peteco" Sp. z.o.o., PL-04-330 Warszawa 

857Ô 

8571 

8572 

8573 

8574 

8575 

857(5 

8577 

8584 

8581 

8586 

8587 

8581 

8581 

8590 

8591 

8597 

8661 

8690 

"Paletex" Produkcja  Palet, Roman  Panasiuk, PL-01-601 Warszawa 

8691 

Produkcja  Palet "Andrzej Adamus", Mr. Marek Gajzler,  PL-63-523 
Kuznia Grabowska 
Przedsiebiorstwo  Produkcyjno  Handlowe, Zygmunt Skibinski, PL- 
87-820 Kowal 
Przedsiebiorstwo Handlowe-Uszugowe "Akropol", PL-30-140 
Krakow 
S.U.T.R. "Roi Trak", PL-59-230 Prochowice 

• 

"Scan-Product-System  Wood" S.A.,  Podczerwone, PL-34-470 
Czarny  Dunajec 
"Transdrewneks" Sp. z.o.o., PL-86-317 Grudziadz-Owczarki 

_^__ 

W.Z.P.U.M. "Euro-Tech",  Import-Export  Spedycja,  PL-87-111 
Rakszawa 
Z.P.H. "Palettenwerk" - K. Kozik, PL-34-789 Bystra Podhalanska 

Zakzad Przerobu  Drewna, J.Z.S. Kawinscy, PL-78-500 Drawsko 
Pomorskie 

j 

8692 

8693 

8713 

8714 

8715 

8716 

8725 

8726 

8745 

~~ 

~ 

~ 

~~ 

~ 

: 

19 

Manufacturer 

Tarie Additional  Code 

ZPHU "Sek-Pol" - "Hadpol" - Krzysztof  Hadrys, PL-39-400 
Tarnobrzeg 
"Euro-Mega-Plus" Sp. z o.o., PL-25-632  Kielce 

"C.M.C", PL-31-213 Krakôw 

Wyrôb, Sprzedaz, Skup Palet, Josef Kolodziejczyk,  PL-23-408 
Aleksandrôw  IV 704 
Firma Produkcyjno Transportowa,  Marian Gierka, PL-87-300 
' 
Brodnica 
ZPHU "Drewnex", S.C  Export-1 m port, PL-62-818 Zelazkôw 45 b 

Import-Export "Elko", Sp. z o.o., PL-62-800 Kalisz 

PPHU "Probox", Import-Export,  PL-62-800 Kalisz 

Drewpal, S.C,  PL-62-820 Stawiszyn 

Zaman, S.C,  PL-26-600 Radom 

"Marimpex", PL-24-100 Pulawy 

P.P.H.U. "Eurex" S.C,  PL-98-276-Godynice 

MACED Sklad Palet, Jadwiga  Macionga,  PL-77-200 Miastko 

ENKEL Spôlka Cywilna, PL-24-100  Pulawy 

8526 

8527 

8528 

8529" 

8530 

8531 

8531 

8533 

8531 

8531 

8537 

8538 

8539 

854Ô 

Produkcja  Stolarska Posrednictwo  Export-Import, W.i.T. 
HENSOLDT, PL-84-300  Lebork 
Przedsiebiorstwo  Produkoyjno  Uslugowo Handlowe "DREWPOL",  8834 
PL-98277 Braszewice 
PTN Kruklanki Sp. Z.o.o., PL-11612 Kruklanki 
WEDAM Spôlka Cywilna, PL-83-322 Stezyca 

8557 

8541 

8556 

: 

"AVEN" Sp. Z o.o., PL-66-470 Kostrzyn 

Import-Export Jan Sibinski, PL-63-524 Czajkow 

"Empol" s.c,  PL-62-812 Jastrzebniki  37 

P.P.H.U. "Alk", PL-73-240 Bierzwnik 

8558 

8559 

8560" 

8561 

~~ 

20 

ISSN 0254-1475 

COM(97) 569  final 

DOCUMENTS 

EN 

02  11 

Catalogue  number  :  CB-CO-97-584-EN-C 

ISBN  92-78-26780-5 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

ol