2000/745/EC: Commission Decision of 29 November 2000 accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand (notified under document number C(2000) 3603)
Date: 2000-11-29
Institutions: European Commission
Subjects: India, Indonesia, anti-dumping duty, anti-dumping legislation, import, plastics

L 301/88

EN

Official Journal of the European Communities

30.11.2000

COMMISSION DECISION

of 29 November 2000

accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings
concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia,
Malaysia, the Republic of Korea, Taiwan and Thailand

(notified under document number C(2000) 3603)

(2000/745/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 2238/2000 (2) (the basic AD
Regulation), and in particular Articles 8 and 9 thereof,

Having regard to Council Regulation (EC) No 2026/97 of 6
October 1997 on protection against subsidised imports from
countries not members of the European Community (3) (the
basic AS Regulation), and in particular Articles 13 and 15
thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)

(2)

(3)

By Regulation (EC) No 1742/2000 (4), the Commission
imposed provisional antidumping duties on imports into
the Community of certain polyethylene terephthalate
the
(PET) originating in India,
Republic of Korea, Taiwan and Thailand.

Indonesia, Malaysia,

By Regulation (EC) No 1741/2000 (5), the Commission
imposed provisional countervailing duties on imports
into the Community of PET originating in India,
Malaysia, Taiwan and Thailand.

Following the adoption of the provisional anti-dumping
and countervailing measures, the Commission continued
the investigation of dumping, subsidisation, injury and
Community interest. The definitive findings and conclu-
sions of the investigation are set out in Regulation (EC)
No 2604/2000 (6)
imposing definitive anti-dumping
duties on imports of PET originating in India, Indonesia,
Malaysia, the Republic of Korea, Taiwan and Thailand
and in Council Regulation (EC) No 2603/2000 (7)

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 288, 21.10.1997, p. 1.
(4) OJ L 199, 5.8.2000, p. 48.
(5) OJ L 199, 5.8.2000, p. 6.
(6) See page 21 of this Official Journal.
(7) See page 1 of this Official Journal.

(4)

(5)

(6)

imposing definitive countervailing duties on imports of
PET originating in India, Malaysia and Thailand.

Indonesia, Malaysia,

The investigations confirmed the provisional findings of
injurious dumping relating to imports originating in
the Republic of Korea,
India,
Taiwan and Thailand and of
injurious subsidisation
relating to imports originating in India, Malaysia and
Thailand.

B. UNDERTAKINGS

Subsequent to the adoption of provisional anti-dumping
and countervailing measures, two exporting producers
in India that participated in both investigations offered
undertakings (within the meaning of Article 8(1) of the
basic AD Regulation and Article 13(1) of the basic AS
Regulation). Moreover, as
the anti-dumping
investigation, two of the exporting producers in Indo-
nesia offered undertakings. According to these undertak-
ings, the exporting producers in question have offered
not to sell to their unrelated customers below certain
minimum prices.

regards

The Commission considers that the undertakings offered
by the Indian companies, Pearl Engineering Polymers
Limited and Reliance Industries Limited, can be accepted
since they eliminate the injurious effects of dumping and
subsidisation. The Commission also considers that the
undertakings offered by the Indonesian company, P.T.
Polypet Karyapersada, can be accepted since it eliminates
the injurious effect of dumping. Moreover, the regular
and detailed reports which the companies undertook to
allow effective
provide
monitoring. Furthermore,
these
companies during the investigation, their structure and
their sales organisation, and the specificities of
the
present product are such that the Commission considers
that the risk of circumvention of the undertaking(s) will
be limited.

to the Commission will

the cooperation of

(7)

A second Indonesian company also offered an under-
taking. However,
the company provided false and
misleading information in respect of certain aspects of

30.11.2000

EN

Official Journal of the European Communities

L 301/89

the antidumping investigation which affected the accu-
racy and reliability of its cooperation (See recital 13 of
Regulation (EC) No 2604/2000). Accordingly,
the
Commission was not satisfied that an undertkaing from
this company could be effectively monitored and the
offer was rejected.

In order to ensure the effective respect and monitoring
of the undertakings, when the request for release for free
circulation pursuant to the undertakings is presented,
exemption from the duty is conditional on presentation
to the customs service of the Member State concerned of
a valid ‘Undertaking invoice’. Such undertaking invoice
has to be issued by the exporting producers from whom
the undertakings are accepted and must contain the
information listed in the Annexes to Regulation (EC) No
2604/2000 and Regulation (EC) No 2603/2000. Where
no such invoice is presented, or when it does not corre-
spond to the product presented to customs, the appro-
priate rate of duty should be payable in order to ensure
the effective application of the undertakings.

In the event of a breach, or withdrawal of the undertak-
ings, or if there are reasons to believe that the undertak-
ings have been breached, a provisional or definitive duty
may be imposed pursuant to Article 8(9) and (10) of the
basic AD Regulation and, where applicable, pursuant to
Article 13(9) and (10) of the basic AS Regulation,

(8)

(9)

Indonesia, Malaysia,

the
thalate (PET) originating in India,
Republic of Korea, Taiwan and Thailand and in the framework
of the anti-subsidy proceeding concerning imports of certain
polyethylene terephthalate (PET) originating in India, Indonesia,
Malaysia,
the Republic of Korea, Taiwan and Thailand are
hereby accepted.

Country

Manufacturer

TARIC additional
code

India

India

Pearl Engineering Polymers Limited

A182

Reliance Industries Limited

Indonesia

P.T. Polypet Karyapersada

A181

A193

Article 2

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

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

HAS ADOPTED THIS DECISION:

Done at Brussels, 29 November 2000.

Article 1

exporting producers
The undertakings offered by
the anti-dumping
in the framework of
mentioned below,
proceeding concerning imports of certain polyethylene tereph-

the

For the Commission

Pascal LAMY

Member of the Commission