1999/642/EC: Commission Decision of 10 September 1999 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(1999) 2844)
Date: 1999-09-10
Institutions: European Commission
Subjects: Poland, anti-dumping legislation, import, originating product, wood product

L 255/36

EN

Official Journal of the European Communities

30. 9. 1999

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 10 September 1999

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(1999) 2844)

(1999/642/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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
amended by Regulation (EC) No 905/98 (2), and in particular
Article 8(1) thereof,

Having regard to Commission Regulation (EC) No 1023/97 of
6 June 1997 imposing a provisional anti-dumping duty on
certain imports of flat pallets of wood originating in Poland
and accepting undertakings offered from certain exporters in
connection with those imports (3), as last amended by Regula-
tion and (EC) No 1633/97 (4) and in particular Article 2
thereof,

After consulting the Advisory Committee,

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 cooperating companies not
included in the sample during the original investigation,
the
by Commission Regulation (EC) No 1632/97 (5),
provisional Regulation was amended. Article 2 of Regu-
lation (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.

(3)

By Regulation (EC) No 2334/97 (6), as last amended by
Regulation (EC) No 2079/98 (7), the Council imposed a
definitive anti-dumping duty on certain imports of flat
pallets of wood originating in the Republic of Poland.

Whereas:

B. NEW EXPORTERS' REQUEST

A. PREVIOUS PROCEDURE

(4)

(1)

referred to as

The Commission, by Regulation (EC) No 1023/97 (here-
inafter
‘the provisional Regulation’),
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
from certain
exporting producers. These undertakings concerned only
i.e. the EUR pallet.
one pallet type,

undertakings

accepted

offered

Following the adoption of Regulation (EC) No 2334/97,
five further new Polish exporting producers have
requested that Article 2 of Regulation (EC) No 1023/97
be applied to them and they offered undertakings with
regard to the EUR pallet. They have also provided suffi-
cient 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 Regu-
lation (EC) No 1023/97, the undertakings offered by
these five Polish exporting producers with regard to the
EUR pallet should therefore be accepted,

(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. 13.

(5) OJ L 225, 15.8.1997, p. 11.
(6) OJ L 324, 27.11.1997, p. 1.
(7) OJ L 266, 1.10.1998, p. 1.

30. 9. 1999

EN

Official Journal of the European Communities

L 255/37

HAS ADOPTED THIS DECISION:

Article 2

The undertakings offered with regard to the EUR pallet by:

Article 1

This acceptance shall take effect on the day following publica-
tion of this Decision in the Official
the European
Communities.

Journal of

— ‘SMT’ Sp.zo.o, Miastko,
— Firma Transdrewneks Gadzala Antoni, Torun,
— ‘Palko’ Sp.zo.o, Sedziszow,
— ‘D&M&D’ Sp.zo.o, Blizanow,
— P.P.H.

‘Vector’, Kalisz,

in connection with the anti-dumping proceeding concerning
imports of flat pallets of wood originating in Poland and falling
within CN code ex 4415 20 20 are hereby accepted.

Done at Brussels, 10 September 1999.

For the Commission

Leon BRITTAN

Vice-President