2001/645/EC: Commission Decision of 22 August 2001 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of polyethylene terephthalate film originating in India and the Republic of Korea (notified under document number C(2001) 2561)
Date: 2001-08-22
Institutions: European Commission
Subjects: India, South Korea, anti-dumping duty, import, plastics, thin sheet

L 227/56

EN

Official Journal of the European Communities

23.8.2001

COMMISSION DECISION

of 22 August 2001

accepting undertakings offered in connection with the anti-dumping proceeding concerning
imports of polyethylene terephthalate film originating in India and the Republic of Korea

(notified under document number C(2001) 2561)

(2001/645/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

concerned at or above price levels which eliminate the
injurious effects of dumping.

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), and in partic-
ular Articles 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)

(2)

By Regulation (EC) No 367/2001 (3), the Commission
imposed provisional anti-dumping duties on imports
into the Community of polyethylene terephthalate film
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
out in Council Regulation (EC) No 1676/2001 of 13
August 2001 imposing a definitive anti-dumping duty
and collecting definitively the provisional duty imposed
on imports of polyethylene terephthalate film origin-
ating in India and the Republic of Korea (4).

(3)

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

(5)

(6)

(7)

The companies will also provide the Commission with
regular
and detailed information concerning their
exports to the Community, meaning that the undertak-
ings can be monitored effectively by the Commission.
Furthermore,
these exporting
producers is such that the Commission considers that
the risk of circumventing the agreed undertaking is
limited.

the sales structure of

In view of this, the offers of undertakings are considered
acceptable.

To further enable the Commission to effectively monitor
the compliance of the companies with their undertak-
ings, when the request for release for free circulation
pursuant to the undertakings is presented to the relevant
customs authority, exemption from the duty shall be
conditional on the presentation of a commercial invoice
issued by the exporting producers from whom the
undertaking is accepted and containing at
the
elements listed in the Annex to Regulation (EC) No
1676/2001. This level of information is also necessary
to enable customs authorities to ascertain with sufficient
precision that shipments correspond to the commercial
documents. 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 will
instead be payable.

least

(8)

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

B. UNDERTAKINGS

HAS ADOPTED THIS DECISION:

(4)

Subsequent to the adoption of provisional anti-dumping
measures, five cooperating exporting producers in India,
offered price undertakings in accordance with Article
8(1) of Regulation (EC) No 384/96 (the basic Regula-
tion). By doing so, they have agreed to sell the product

Article 1

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 55, 24.2.2001, p. 16.
(4) See page 1 of this Official Journal.

The undertakings offered by the producers mentioned below,
in the framework of the anti-dumping proceeding concerning
imports of polyethylene terephthalate film originating in India
and the Republic of Korea, are hereby accepted.

23.8.2001

EN

Official Journal of the European Communities

L 227/57

Country

Company

TARIC
Additional
Code

Country

Company

India

India

India

India

Ester Industries Limited,
75-76, Amrit Nagar, Behind South
Extension Part — I
New Dehli — 110 003 India

A026

India

Flex Industries Limited,
A-1, Sector 60, NOIDA
201 301 (UP) India

Garware Polyester Limited,
Garware House,
50-A, Swami Nityanand Marg
Vile Parle (East)
Mumbai 400 057 — India

MTZ Polyesters Limited,
Sarnath Centre, Upvan Area
Govind Nagar, Malad (E),
Mumbai 400 097 — India

A027

A028

A031

TARIC
Additional
Code

A032

Polyplex Corporation Limited,
B-37, Sector-1
Noida-201 301
Dist. Gautam Budh Nagar
Uttar Pradesh — India

Article 2

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

Done at Brussels, 22 August 2001.

For the Commission

Pascal LAMY

Member of the Commission