Proposal for a Council Regulation amending Council Regulation (EC) No 603/1999 imposing a definitive anti-dumping duty on imports of polypropylene binder or baler twine originating in Poland, the Czech Republic and Hungary, and collecting definitively the provisional duty imposed
Date: 2000-04-25
Institutions: European Commission
Subjects: anti-dumping duty, import, manufactured goods, originating product, plastics

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.04.2000
COM(2000) 235 final

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 603/1999 imposing a definitive anti-
dumping duty on imports of polypropylene binder or baler twine originating in
Poland, the Czech Republic and Hungary, and collecting definitively the
provisional duty imposed

(presented by the Commission)

1.

2.

3.

4.

EXPLANATORY MEMORANDUM

By Regulation (EC) No 603/1999, the Council imposed definitive anti-
dumping duties on imports of polypropylene binder or baler
twine
originating, inter alia, in Poland, except where this product is produced and
directly exported and invoiced to an importing company in the Community
by WKI Isoliertechnik Spolka z.o.o, from which the Commission, by
Decision 1999/215/EC, accepted an individual price undertaking.

The company has, however, now withdrawn its undertaking following
difficulties in observing certain conditions laid down therein.

Accordingly, the attached Regulation contains a proposal to remove the
exemption from the anti-dumping duties granted to this company.

In parallel to this Regulation, a proposal is being submitted for a Decision
amending the list of parties from which undertakings are accepted in the
above mentioned proceeding.

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Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 603/1999 imposing a definitive anti-
dumping duty on imports of polypropylene binder or baler twine originating in
Poland, the Czech Republic and Hungary, 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 last amended by Regulation (EC) No 905/982 of 27 April 1998, and
in particular Articles 8(9) and 9 thereof,

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

Whereas:

A. PREVIOUS PROCEDURE

(1)

(2)

Following an investigation initiated by means of a notice published in the
Official Journal of the European Communities3, the Council, by Regulation
(EC) No 603/19994, imposed definitive anti-dumping duties on imports of
polypropylene binder or baler twine originating in Poland, the Czech Republic
and Hungary.

Also within the framework of this investigation, the Commission, by Decision
1999/215/EC of 16 March 19995, accepted a price undertaking offered by,
inter alia, the Polish company WKI Isoliertechnik Spolka z.o.o (heinafter "the
company").

B. WITHDRAWAL OF UNDERTAKING

(3)

The company has, however, now withdrawn its undertaking following
difficulties in observing certain conditions laid down therein.

1

2

3

4

5

OJ L 56, 6.3.1996, p. 1.
OJ L 128, 30.4.1998, p. 18.
OJ C 1, 3.1.1998, p. 10.
OJ L 75, 20.3.1999, p. 1
OJ L 75, 20.3.1999, p. 34

3

(4)

(5)

(6)

(7)

(8)

Accordingly, in view of this withdrawal, the exemption from the anti-dumping
duties granted to this company should be removed and definitive duties be
imposed pursuant to Articles 8 (9) and 9 of Regulation (EC) No 384/96.

C. DEFINITIVE DUTIES

The investigation which led to the undertaking offered by the company was
concluded by a final determination as to dumping and injury by Regulation
(EC) No 603/1999.

In accordance with Article 8 (9) of Regulation (EC) No 384/96, the rate of the
anti-dumping duty now to be imposed on the company must, therefore, be
based on the facts established within the context of the investigation which led
to the undertaking. In this regard, in view of recitals (15), (71) and (75) of
Regulation (EC) No 603/1999, it is considered appropriate that the definitive
anti-dumping duty rate be set at a level of 15.7% ad valorem.

D. AMENDMENT OF REGULATION (EC) NO 603/1999

In view of the above, Regulation (EC) No 603/1999 should be amended so as
to remove the company from the list of companies benefiting from an
exemption to the anti-dumping duties on polypropylene binder or baler twine
originating, inter alia, in Poland, and a definitive anti-dumping duty of 15.7%
be imposed on it.

/EC6
In parallel to this Regulation, the Commission, by Decision 2000/
has modified Decision 1999/215/EC and removed the company from the list of
parties from which undertakings have been accepted.

(cid:1)(cid:1)(cid:1)

HAS ADOPTED THIS REGULATION:

Article 1

Article 1(2) of Regulation (EC) No 603/1999 is hereby replaced by the following:

The rate of the definitive anti-dumping duty applicable to the net free-at-
the products manufactured by the

2.
Community-frontier prices before duty of
companies listed below shall be as follows:

Country

Company

Rate of duty

Poland

BZLP Bezalin

PAT Defalin s.a.

Industrial Chemistry Research Institute

(%)

17.2

16.3

12.8

TARIC
additional
code

8450

8569

8578

6

OJ L, [number], [date], p. [page]

4

Terplast sp z.o.o.

WKI Isoliertechnik Spolka z.o.o.

All other companies

Czech Republic

All companies

Hungary

All companies

6.1

15.7

20.3

24.8

32.9

8579

A091

8900

8900

8900

Article 2

Article 2(2) of Regulation (EC) No 603/1999 is hereby replaced by the following:

Imports made within the context of the undertakings offered and accepted

2.
shall be declared under the following TARIC additional codes:

Country

Company

Czech Republic

Juta a.s.

Lanex a.s.

Hungary

Partium ’70 Rt

Tiszai Vegyi Kombinat Rt

Elso Magyar Kenderfono Rt

Article 3

TARIC
additional
code

8596

8580

8581

8582

8583

This Regulation shall enter into force on the day following that of 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,

For the Council
The President

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