2002/232/EC: Commission Decision of 27 February 2002 amending Decision 2000/745/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of certain polyethylene terephthalate originating, inter alia, in India (notified under document number C(2002) 620)
Date: 2002-02-27
Institutions: European Commission
Subjects: India, anti-dumping duty, anti-dumping legislation, import, originating product, plastics

L 78/12

EN

Official Journal of the European Communities

21.3.2002

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 27 February 2002

amending Decision 2000/745/EC accepting undertakings offered in connection with the anti-
dumping and anti-subsidy proceedings concerning imports of certain polyethylene terephthalate
originating, inter alia, in India

(notified under document number C(2002) 620)

(2002/232/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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)

By Regulation (EC) No 2603/2000 (4),
the Council
imposed a definitive countervailing duty in the form of a
specific amount per
tonne of EUR 41,3/tonne on
imports of certain polyethylene terephthalate origin-
ating, inter alia, in India, with the exception of imports
from several Indian companies specifically mentioned,
which are subject to a lesser rate of duty. Imports of
certain polyethylene terephthalate exported by compa-
nies from which an undertaking had been accepted were
exempted from that duty pursuant to Article 2(1) of that
Regulation.

By Regulation (EC) No 2604/2000 (5),
the Council
imposed a definitive anti-dumping duty in the form of a
specific amount per tonne of EUR 181,7/tonne on
imports of certain polyethylene terephthalate origin-
ating, inter alia, in India, with the exception of imports
from several Indian companies specifically mentioned,
which are subject to different rate of duty. Imports of
certain polyethylene terephthalate exported by compa-
nies from which an undertaking had been accepted were
exempted from that duty pursuant to Article 2(1) of that
Regulation.

(3)

(4)

the Commission adopted
On 29 November 2000,
2000/745/EC (6),
undertakings
Decision
offered in connection with the two abovementioned
proceedings by the exporters mentioned in Article 1 of
that Decision and terminated the investigations in their
respect.

accepting

On 26 June 2001, the Commission, by Regulation (EC)
No 1240/2001 (7), announced the initiation of a ‘new
exporter’ review of Council Regulation (EC) No 2604/
2000 imposing a definitive anti-dumping duty on
imports of certain polyethylene terephthalate origin-
ating, inter alia, in India, repealing the duty with regard
to imports from one exporting producer and making
these imports subject to registration.

(5)

The definitive findings and conclusions of the invest-
igation are set out in Council Regulation (EC) No 496/
2002 (8) amending Regulation (EC) No 2604/2000.

(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 301, 30.11.2000, p. 1.

(5) OJ L 301, 30.11.2000, p. 21.
(6) OJ L 301, 30.11.2000, p. 88.
(7) OJ L 171, 26.6.2001, p. 3.
(8) See page 4 of this Official Journal.

21.3.2002

EN

Official Journal of the European Communities

L 78/13

(6)

(7)

(8)

B. UNDERTAKING
Subsequent to the disclosure by which Futura Polymers
Ltd (hereinafter referred to as the company concerned)
was informed of the facts and considerations on the
basis of which it was intended to impose the amended
definitive anti-dumping duty on its imports into the
Community, the company concerned offered an under-
taking in accordance with Article 8(1) of the basic AD
Regulation. According to this undertaking, the exporting
producer in question has offered not to sell to his unre-
lated customers below certain minimum prices.
The Commission considers that the undertaking offered
by the company concerned can be accepted since it
eliminates the injurious effects of dumping. Moreover,
the regular and detailed reports which the company
concerned undertook to provide to the Commission will
allow effective monitoring. Furthermore, the cooperation
of the company concerned during the investigation, its
structure and sales organisation, as well as the specifici-
ties of the product concerned are such that the Commis-
sion considers that the risk of circumvention of the
undertaking will be limited.
In order to further enable the Commission to effectively
monitor the compliance of the company with the under-
taking, when the request for release for free circulation
pursuant to the undertaking is presented to the relevant
customs authority, exemption from the duty shall be
invoice.
conditional on presentation of a commercial
Such commercial
invoice has to be issued by the
company from whom the undertaking is accepted and
must contain the information listed in the Annex to
Regulation (EC) No 2604/2000. Where no such invoice
is presented, or when it does not correspond to the
product concerned presented to customs, the appro-

priate rate of anti-dumping duty should instead be
payable.

(9)

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
AD Regulation,

HAS ADOPTED THIS DECISION:

Article 1

The table in Article 1 of Decision 2000/745/EC is hereby
amended by adding the following:

Company

Country

Taric additional code

Futura Polymers Limited

India

A184

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, 27 February 2002.

For the Commission

Pascal LAMY

Member of the Commission