98/554/EC: Commission Decision of 3 September 1998 accepting undertakings in connection with the anti-dumping proceeding concerning imports of flat pallets of wood originating in the Republic of Poland (notified under document number C(1998) 2553)
Date: 1998-09-03
Institutions: European Commission
Subjects: Poland, anti-dumping duty, anti-dumping legislation, import, wood product

L 266/82

EN

Official Journal of the European Communities

1. 10. 98

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 3 September 1998

accepting undertakings in connection with the anti-dumping proceeding
concerning imports of flat pallets of wood originating in the Republic of Poland

(notified under document number C(1998) 2553)

(98/554/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
the European
Community (1), as amended by Regulation (EC) No 905/
98 (2), and in particular Article 8(1) thereof,

not members

of

Having regard to Commission Regulation (EC) No 1023/
97 (3), as amended by Regulations (EC) No 1632/97 (4) and
1633/97 (5), and in particular Article 2 thereof,

After consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1)

The Commission, by Regulation (EC) No 1023/97
(hereinafter referred to as ‘the provisional Regula-
tion'), imposed provisional anti-dumping duties on
certain imports of flat pallets of wood falling within
CN code ex 4415 20 20 originating in the Republic
of Poland and accepted undertakings offered from

(1) OJ L 56, 6. 3. 1996, p. 1.
(2) OJ L 128, 30. 4. 1998, p. 18.
(3) OJ L 150, 7. 6. 1997, p. 4.
(4) OJ L 225, 15. 8. 1997, p. 11.
(5) OJ L 225, 15. 8. 1997, p. 13.

certain exporting producers. These undertakings
concerned only one pallet type, i.e. the EUR pallet.

Since sampling was used in the investigation,
requests for reviews under Article 11(4) could not
be accepted. However,
in order to ensure equal
treatment between new exporters and the co-
operating companies not included in the sample
during the original
investigation, by Regulation
(EC) No 1632/97, the provisional Regulation was
amended. Article 2 of Regulation (EC) No 1632/97
stipulated that new Polish exporting producers
could have undertakings accepted with regard to
exports of EUR pallets, provided they satisfied the
criteria set out therein.

By Regulation (EC) No 2334/97 (6), the Council
imposed a definitive anti-dumping duty on certain
imports of flat pallets of wood originating in the
Republic of Poland.

B. NEW EXPORTERS’ REQUEST

Following the adoption of Regulation (EC) No
2334/97, 10 further new Polish exporting producers
have requested that Article 2 of Regulation (EC) No
1023/97 be applied to them and they have offered

(2)

(3)

(4)

(6) OJ L 324, 27. 11. 1997, p. 1.

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Official Journal of the European Communities

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undertakings with regard to the EUR pallet. They
have also provided sufficient evidence pursuant to
Article 2 of Regulation (EC) No 1023/97 showing
that they are genuine new exporting producers. In
application of Article 2 of Regulation (EC) No
1023/97,
the undertakings offered by these 10
Polish exporting producers with regard to the EUR
pallet should therefore be accepted,

HAS ADOPTED THIS DECISION:

Article 1

The undertakings offered with regard to the EUR-pallet
by:

(cid:190) Euro-Handels Sp.zo.o, Szczecin,
(cid:190) PPH ‘Paletex' Sibinski Jaroslaw, Klonowa,
(cid:190) Firma ‘KIKO' S.C., Poznan,
(cid:190) ‘Enkel' Waldemar Wnuk, Pulawy,
(cid:190) Sliwka Lucyna, Klodzko,
(cid:190) Firma Borkowski S.C. Export-Import, Grabow n.

Prosna,

(cid:190) Produkcja-Skup Elementow I Palet, Stanislaw Gorecki,

Czajkow,

(cid:190) ‘Bilusa' Sp.zo.o, Klodawa,
(cid:190) P.P.U.H PAL-POL S.C., Prabuty,
(cid:190) Firma ‘A.C.S.' S.C., Kamien,
in connection with the
anti-dumping proceeding
concerning import of flat pallets of wood originating in
Poland and falling within CN code ex 4415 20 20 10 are
hereby accepted.

Article 2

This acceptance shall take effect on the day following
publication of this Decision in the Official Journal of
the European Communities.

Done at Brussels, 3 September 1998.

For the Commission

Leon BRITTAN

Vice-President