Proposal for a Council Regulation amending Regulation (EC) No 194/1999 imposing definitive anti-dumping duties on imports of hardboard originating in Bulgaria, Estonia, Latvia, Lithuania, Poland and Russia and definitively collecting the provisional duties imposed
Date: 2001-08-28
Institutions: European Commission
Subjects: Central and Eastern Europe, anti-dumping duty, building slab, import, originating product

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 28.08.2001
COM(2001) 496 final

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 194/1999 imposing definitive anti-dumping duties on
imports of hardboard originating in Bulgaria, Estonia, Latvia, Lithuania, Poland and
Russia and definitively collecting the provisional duties imposed

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

2.

3.

4.

5.

By Regulation (EC) No 194/1999 the Council imposed definitive anti-dumping
duties on imports of hardboard originating, inter alia, in Latvia.

Exemptions to the duties were granted, however, when this product is produced and
directly exported and invoiced to an importing company in the Community by the
company AS 'Bolderâja' ("Bolderaja") from which the Commission accepted an
individual price undertaking (Decision 1999/71/EC).

Bolderaja advised the Commission that due to changes in its trading activities it
wished to withdraw its undertaking.

In view of this, it is necessary to amend Regulation (EC) No 194/1999 by removing
the name of Bolderaja from the list of companies which benefit from an exemption to
the anti-dumping duties.

In parallel, the Commission is amending Article 1 of Decision 1999/71/EC which
lists the companies from which undertakings are accepted.

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Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 194/1999 imposing definitive anti-dumping duties on
imports of hardboard originating in Bulgaria, Estonia, Latvia, Lithuania, Poland and
Russia and definitively collecting the provisional duties 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 2238/20002, and in particular Article 8 thereof,

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

Whereas:

A. PREVIOUS PROCEDURE

(1)

(2)

(3)

On 7 November 1997, by means of a notice published in the Official Journal of the
European Communities, the Commission announced the initiation of an anti-dumping
proceeding3 in respect of imports of hardboard originating, inter alia, in Latvia.

The proceeding resulted in anti-dumping duties being imposed by Council Regulation
(EC) No 194/19994 in January 1999 in order to eliminate the injurious effects of
dumping.

In parallel, by Decision 1999/71/EC5, the Commission also accepted an undertaking
from, inter alia, one Latvian company AS 'Bolderâja' (TARIC Additional Code 8499),
and imports of hardboard originating in Latvia exported to the Community by this
company were exempted from the anti-dumping duty by Article 2(1) and (3) of the
above mentioned Regulation.

1

2

3

4

5

OJ L 56, 6.3.1996, p. 1.
OJ L 257, 11.10.2000, p. 2.
OJ C 336, 7.11.1997, p. 2.
OJ L 22, 29.1.1999, p. 16.
OJ L 22, 29.1.1999, p. 71.

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B. VOLUNTARY WITHDRAWAL OF AN UNDERTAKING

(4)

Following changes in its trading activities, AS 'Bolderâja', advised the Commission
that it wished to withdraw its undertaking. Accordingly, by Commission Decision
2001/ XXX/EC, the name of this company has been deleted from the list of companies
from which undertakings are accepted in Article 1 (1) of Decision 1999/71/EC6.

C. AMENDMENT OF REGULATION (EC) NO 194/1999

(5)

In view of the above, Article 2 (3) of Regulation (EC) No 194/1999 which lists the
companies exempted from the anti-dumping duties should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 2(3) of Regulation (EC) No 194/1999 is replaced by the following:

Article 1

"Article 2

3.

Imports accompanied by an undertaking invoice shall be declared under
following TARIC additional codes:

the

Country

Company

TARIC Additional
Code

8496

8497

8498

8510

8511

8600

8513

8545

8546

8547

Bulgaria

Bulgaria

Estonia

Fazerles AD

Lessoplast AD

AS Repo Vabrikud

Lithuania

JSC Grigiskes

Poland

Poland

Poland

Poland

Poland

Poland

"

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Alpex-Karlino SA

ś
Czarna Woda Zaklady Plyt Pil

niowych

Ekoplyta SA

ś
Zaklady Plyt Pil

niowych SA, Przemysl

ś
Koniecpolskie Zaklady Plyt Pil
ś
Zaklady Plyt Pil
Odrzanskim

niowych SA w Krosnie

niowych SA

OJ L22, 29.1.1999, p 72.

4

This Regulation shall enter into force on the day following that of its publication in the
Official Journal of the European Communities.

Article 2

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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