2000/818/EC: Commission Decision of 19 December 2000 accepting an undertaking offered in connection with the anti-dumping proceedings concerning imports of polyester staple fibres originating in India and the Republic of Korea (notified under document number C(2000) 3905)
Date: 2000-12-19
Institutions: European Commission
Subjects: India, South Korea, anti-dumping legislation, import, man-made fibre, originating product

L 332/116

EN

Official Journal of the European Communities

28.12.2000

COMMISSION DECISION

of 19 December 2000

accepting an undertaking offered in connection with the anti-dumping proceedings concerning
imports of polyester staple fibres originating in India and the Republic of Korea

(notified under document number C(2000) 3905)

(2000/818/EC)

considers that the risk of circumvention of the under-
taking will be limited.

In order to ensure the effective respect and monitoring
of the undertaking, when the request for release for free
circulation pursuant to the undertaking is presented to
the relevant customs authority, exemption from the duty
should be conditional upon presentation of a commer-
invoice containing the information listed in the
cial
Annex to Council Regulation (EC) No 2852/2000 which
is necessary for customs to ascertain that shipments
correspond to the
the
required level of detail. Where no such invoice is
presented, or when it does not correspond to the
product presented to customs, the appropriate rate of
anti-dumping duty should instead be payable.

commercial documents

at

(7)

In the event of a suspected breach, breach or withdrawal
of
the undertaking an anti-dumping duty may be
imposed, pursuant to Article 8(9) and (10) of the basic
Regulation,

HAS ADOPTED THIS DECISION:

Article 1

Industries Limited,
The undertaking offered by Reliance
Mumbai India (TARIC additional code A212), in the framework
of the anti-dumping proceedings concerning imports of poly-
ester staple fibres originating in India and the Republic of
Korea is hereby accepted.

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.

Done at Brussels, 19 December 2000.

For the Commission

Pascal LAMY

Member of the Commission

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(6)

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
Regulation’), and in particular Articles 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

(5)

A. PROCEDURE

By Regulation (EC) No 1472/2000 (3), the Commission
imposed provisional anti-dumping duties on imports
into the Community of polyester staple fibres (‘PSF’)
originating in India and the Republic of Korea.

Following the adoption of the provisional anti-dumping
measures, the Commission continued the investigation
of dumping, injury and Community interest. The defin-
itive findings and conclusions of the investigation are set
in Council Regulation (EC) No 2852/2000 (4)
out
imposing definitive anti-dumping duties on imports of
PSF originating in India and the Republic of Korea.

The investigation confirmed the provisional findings of
injurious dumping relating to imports originating in
India and the Republic of Korea.

B. UNDERTAKING

Subsequent to the adoption of provisional anti-dumping
measures, one exporting producer in India that partici-
pated in the investigation offered an undertaking.
According to this undertaking, the exporting producer
in question has offered to sell to its unrelated customers
in the Community at a minimum price.

The Commission considers that the undertaking offered
by the Indian company, Reliance Industries Limited, can
be accepted since it eliminates the injurious effects of
dumping. Moreover,
the regular and detailed reports
which the company undertook to provide to the
Commission will allow effective monitoring and the
structure of the company is such that the Commission

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 166, 6.7.2000, p. 1.
(4) See page 17 of this Official Journal.