2001/381/EC: Commission Decision of 16 May 2001 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain aluminium foil originating in the People's Republic of China and Russia (notified under document number C(2001) 1446)
Date: 2001-05-16
Institutions: European Commission
Subjects: China, Russia, aluminium, anti-dumping legislation, originating product, thin sheet

17.5.2001

EN

Official Journal of the European Communities

L 134/67

COMMISSION DECISION

of 16 May 2001

accepting an undertaking offered in connection with the anti-dumping proceeding concerning
imports of certain aluminium foil originating in the People's Republic of China and Russia

(notified under document number C(2001) 1446)

(2001/381/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) (the ‘ basic Regulation’), as last
amended by Regulation (EC) No 2238/2000 (2), and in particular Articles 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

A. PROCEDURE

On 18 February 2000, the Commission announced by a notice published in the Official Journal of the
European Communities (3) the initiation of an anti-dumping proceeding with regard to imports into the
Community of certain aluminium foil originating in the People's Republic of China (‘the PRC’) and
Russia.

Given the need to further examine certain aspects of dumping as well as the impact on the
Community industry of
the imports concerned, no provisional anti-dumping measures were
imposed, additional

information was requested and the investigation was continued.

The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No
950/2001 (4) imposing definitive anti-dumping duties on imports of certain aluminium foil origin-
ating in the PRC and Russia.

B. UNDERTAKING

The sole exporting producer in Russia and its related companies involved in the production, trade
and importation into the Community of the product concerned offered an undertaking. According to
this undertaking, these companies have offered to sell the product concerned to their unrelated
customers in the Community at a minimum price.

The Commission considers that the undertaking offered by the Russian company,
Joint Stock
Company ‘United Company Siberian Aluminium’, Studencheskaya Street, 33/4, Moscow, Russia, and
its related companies, namely the production company Sayan Foil, Sayanagorsk, Russia, the export
sales company Rual Trade Limited, Suites 7B & 8B, 50 Town Range, Gibraltar and the importing
company Sibirsky Aluminium GmbH, Graf-Adolf-Platz 1-2, D-40213, Düsseldorf, can be accepted
since it eliminates the injurious effects of dumping. Moreover, the regular and detailed reports which
these companies undertook to provide to the Commission and the structure of their sales of the
product concerned will allow effective monitoring such that the Commission considers that the risk
of circumvention of the undertaking 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 commercial
invoice containing the information listed in the Annex to Regulation (EC) No 950/2001 which is
necessary for customs to ascertain that shipments correspond to the commercial documents at the
required level of detail. Where no such invoice is presented, or when it does not correspond to the
product concerned presented to customs, the appropriate rate of anti-dumping duty should instead
be payable.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ C 45, 18.2.2000, p. 2.
(4) See page 1 of this Official Journal.

L 134/68

EN

Official Journal of the European Communities

17.5.2001

(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

The undertaking offered by Joint Stock Company ‘United Company Siberian Aluminium’, Studencheskaya
Street, 33/4, Moscow, Russia, Sayan Foil, Sayanagorsk, Russia, Rual Trade Limited, Suites 7B & 8B, 50
Town Range, Gibraltar, and Sibirsky Aluminium GmbH, Graf-Adolf-Platz 1-2, D-40213, Düsseldorf, in the
framework of the anti-dumping proceedings concerning imports of certain aluminium foil originating in
the PRC and Russia is hereby accepted.

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.

Article 2

Done at Brussels, 16 May 2001.

For the Commission

Pascal LAMY

Member of the Commission