1999/71/EC: 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)
Date: 1999-01-06
Institutions: European Commission
Subjects: Brazil, Central and Eastern Europe, anti-dumping legislation, building slab, import, originating product

29. 1. 1999

EN

Official Journal of the European Communities

L 22/71

COMMISSION

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, Li-
thuania 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)

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 members of 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)

(2)

(3)

By Regulation (EC) No 1742/98 (3) the Commission imposed provisional anti-
dumping duties on imports in the Community of hardboard originating in Brazil,
Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia and provisionally accepted
price undertakings offered by certain exporting producers
in the countries
concerned by the proceeding, with the exception of Russia.

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 Commission continued the investigation of dumping, injury and
Community interest. The definitive findings and conclusions of the investigation are
set out in Council Regulation (EC) No 194/1999 imposing definitive duties (4).

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 the proceeding should be terminated without the adoption
of protective measures with regard to this country and that the undertakings provi-
sionally accepted from the exporting producers in Brazil should lapse according to
Article 8(6) of the Basic Regulation.

(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.

L 22/72

EN

Official Journal of the European Communities

29. 1. 1999

(4)

(5)

(6)

(7)

(8)

The investigation confirmed the provisional findings of injurious dumping relating
to imports originating in Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia.

The Commission considers that the price undertakings offered by the exporting
producers and provisionally accepted in Commission Regulation (EC) No 1742/98
are an effective measure to remove the injury caused by the dumped imports, since
their prices are such as to eliminate the injurious effect of the dumping, they only
cover imports of a reduced number of product types and only up to a certain
quantity threshold. Indeed, without these three conditions effective monitoring
would not be practicable and companies would be encouraged to circumvent the
undertaking by declaring as covered by the undertaking product types outside its
scope.

In accordance with the provisions of
the minimum prices
contained therein have been amended in line with the definitive findings of the
investigation.

the undertakings,

Having been informed of the main facts and considerations on the basis of which
the Commission intended to accept the undertakings, the Community industry did
not raise any objections to the acceptance of the proposed undertakings.

In the event of a breach or withdrawal of the undertaking a definitive 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 into the Community of hardboard origin-
ating in Bulgaria, Estonia, Latvia, Lithuania and Poland are hereby accepted.

Country

Company

TARIC Addi-
tional Code

Bulgaria

Fazerles AD

Estonia

Latvia

Lithuania

Poland

Lessoplast AD

AS Repo Vabrikud

AS ‘Bolder(cid:131)ja'

JSC Grigiskes

Alpex-Karlino S.A.

Czarna Woda Zakłady Płyt Pils´niowych

Ekopłyta SA

Zakłady Płyt Pils´niowych SA, Przemysl

Koniecpolskie Zakłady Płyt Pils´niowych SA

Zakłady Płyt Pils´niowych SA w Krosnie Odrzanskim

8496

8497

8498

8499

8510

8511

8600

8513

8545

8546

8547

2.
The investigations in connection with the anti-dumping proceedings referred to in
paragraph 1 are hereby terminated with regard to the parties named in that paragraph.

The proceeding in respect of imports of hardboard originating in Brazil is hereby ter-
minated without adoption of protective measures.

Article 2

29. 1. 1999

EN

Official Journal of the European Communities

L 22/73

This Decision shall enter into force on the day following its publication in the Official
Journal of the European Communities.

Article 3

Done at Brussels, 6 January 1999.

For the Commission

Leon BRITTAN

Vice-President