Proposal for a Council Regulation amending Regulation (EC) No 2334/97 as last amended by Regulation (EC) 1678/2001 imposing a definitive anti-dumping duty on certain imports of flat pallets of wood originating in the Republic of Poland
Date: 2002-05-24
Institutions: European Commission
Subjects: Poland, anti-dumping duty, import, originating product, wood product

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Official Journal of the European Communities

29.10.2002

Proposal for a Council Regulation amending Regulation (EC) No 2334/97 as last amended by
Regulation (EC) No 1678/2001 imposing a definitive anti-dumping duty on certain imports of
flat pallets of wood originating in the Republic of Poland

(2002/C 262 E/12)

COM(2002) 253 final

(Submitted by the Commission on 24 May 2002)

EXPLANATORY MEMORANDUM

In November 1997, by Regulation (EC) No 2334/97, as last amended in August 2001 by Regulation (EC)
No 1678/2001, the Council imposed definitive anti-dumping duties on certain imports of flat pallets of
wood originating in the Republic of Poland and accepted undertakings offered by certain producers in
connection with these imports.

One Polish exporting producer has now offered an undertaking which is considered acceptable as it
eliminates the injurious dumping found.

At the same time, six other Polish producers which gave undertakings did not respect the prices specified
therein and it is therefore considered appropriate to withdraw acceptance of the undertakings and impose
an anti-dumping duty in its place.

Furthermore, one other producer which is subject to an undertaking is related to one of the six above-
mentioned companies. In order to prevent one company continuing to benefit from an exemption from
the anti-dumping duties by simply channelling its exports through its related company, it is therefore
considered appropriate to remove the name of this related producer from the list of the companies from
which undertakings were accepted.

The Member States have been consulted and are in favour of the amendment of the measures.

The Commission should therefore propose that the Council decide to amend Regulation (EC) No 2334/97
by:

— accepting the undertaking offered by the Polish exporting producer,

— imposing anti-dumping duties in place of the undertakings withdrawn by the Commission,

— amending the Annex II of the mentioned Regulation, which specifies the list of companies from which

undertakings are accepted.

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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 Community (1), and in
particular Article 8(9) and 9(4) thereof,

Having regard to Council Regulation (EC) No 2334/97 of 24
November 1997 imposing a definitive anti-dumping duty on
certain imports of flat pallets of wood originating in Poland (2),
and in particular Article 4(1) and (2) thereof,

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

Whereas:

A. PREVIOUS PROCEDURE

(1) The Council, by Regulation (EC) No 2334/97,

imposed
definitive anti-dumping duties on certain imports of flat
pallets of wood falling within CN code ex 4415 20 20
originating in the Republic of Poland and accepted under-
takings offered by certain producers in connection with
these imports. Sampling was applied to Polish producers/
exporters and individual duties ranging from 4,0 % to
10,6 % were imposed on the companies in the sample,
while a weighted average duty of 6,3 % was imposed on
other cooperating companies not included in the sample.
A duty of 10,6 % was imposed on companies which
either did not make themselves known or did not
cooperate in the investigation. The producers
from
whom undertakings were accepted were exempted from
anti-dumping duties with regard to imports of one
specific pallet type,
the EUR-pallet, which is the only
pallet type covered by the undertakings.

(2) Article 4(1) of Regulation (EC) No 2334/97 stipulates that
sufficient evidence to the

where any party provides
Commission that:

— it did not export to the Community or produce the
wooden pallets described in Article 1(1) of that Regu-
lation during the investigation period,

— it is not related to any of the producers or exporters
to the anti-dumping

in Poland which are subject
duties imposed by that Regulation,

— it has actually exported to the Community the goods
concerned after the investigation period, or it has

entered into any irrevocable contractual obligation to
export a significant quantity to the Community,

then that Regulation can be amended by granting the
party in question the duty rate applicable to cooperating
producers who were not
i.e. 6,3 %.
Exporting producers meeting the criteria of Article 4(1)
and thus subject to the weighted average duty of 6,3 %
are listed in Annex I to Regulation (EC) No 2334/97.

in the sample,

(3) Article 4(2) of Regulation (EC) No 2334/97 provides
furthermore that any party meeting the criteria set out
in Article 4(1) thereof can also be exempted from the
the anti-dumping duty if an undertaking
payment of
with regard to the so-called EUR-pallets
is accepted
from such a party. Exporting producers from which
such an undertaking is accepted are listed in Annex II
to Regulation (EC) No 2334/97.

(4) The Council, by Regulations (EC) No 2079/98 (3), (EC) No
2048/1999 (4),
(EC) No 1521/2000 (5) and (EC) No
1678/2001 (6) amended Annexes I and II to Regulation
(EC) No 2334/97.

B. ACCEPTANCE OF UNDERTAKING

(5) One Polish exporting producer, P.P.H.

‘Astra’ Sp. z o.o.,
Nawojowa, which received the weighted average duty of
6,3 %, has also offered an undertaking with regard to
by Commission
EUR-pallets which was
Decision 2002/. . ./EC. Consequently,
company
to Regulation (EC) No
should be added to Annex II
2334/97.

accepted

this

C. FAILURE TO COMPLY WITH THE UNDERTAKING

(6) The following six Polish exporting producers from which
the Commission accepted undertakings have violated the
undertaking by not
respecting the minimum price
specified therein:

— P.W. ‘Intur-kfs’ Sp. z o.o., Inowroclaw (Taric additional

code 8662)

— Z.P.H.U.

‘Miroslaw Przybylek’,

Klonowa

(Taric

additional code 8574)

— Import-Export ‘Elko’ Sp. z o.o., Kalisz (Taric additional

code 8532)

— ‘Drewpal’ sp. j., Blizanow (Taric additional code 8534)

— ‘D&M&D’ Sp. z o.o., Blizanow (Taric additional code

8566)

— ‘CMC’ Sp. z o.o., Andrychow, Inwald (Taric additional

code 8528).

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2).

(2) OJ L 324, 27.11.1997, p. 1. Regulation as last amended by Regu-

lation (EC) No 1678/2001 (OJ L 227, 23.8.2001, p. 22).

(3) OJ L 266, 1.10.1998, p. 1.
(4) OJ L 255, 30.9.1999, p. 1.
(5) OJ L 175, 14.7.2000, p. 1.
(6) OJ L 227, 23.8.2001, p. 22.

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The Commission therefore informed these six exporting
producers that it was intended to remove their names
from the list of companies from which an undertaking
was accepted. These exporting producers commented on
the breaches pointed out by the Commission and were
granted a hearing where so requested. However, none of
these exporting producers put
forward any arguments
which put into question the finding of a violation of
the undertaking.

(7) In order

to prevent CMC Sp.

z o.o.-Andrychow
continuing to benefit from an exemption from the anti-
dumping duties by simply channelling its exports through
its related company, the Commission considered it appro-
priate to withdraw its acceptance of the undertaking given
by the
and to impose
definitive anti-dumping duties:

following exporter/producer

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EC) No 2334/97, as last amended by
Regulation (EC) No 1678/2001, shall be replaced by Annex I
to this Regulation.

Article 2

Definitive anti-dumping duties are hereby imposed on
1.
imports of EUR-pallets falling within CN code ex 4415 20 20
(Taric code: 4415 20 20* 10) originating in the Republic of
Poland and exported by the following companies:

— P.W. ‘Intur-kfs’ Sp. z o.o., Inowroclaw

— Z.P.H.U. ‘Miroslaw Przybylek’, Klonowa

— P.P.H.U.

‘Zbigniew Marek’, Andrychow (Taric

— Import-Export ‘Elko’ Sp. z o.o., Kalisz

additional code A113).

acceptance of

by Commission Decision

(8) As breaches of the undertakings have been found to have
occurred,
the undertakings has been
withdrawn
2002/. . ./EC.
should therefore be
Definitive
imposed forthwith against the six companies mentioned
in recital
the related company
mentioned in recital (7) with regard to their exports of
the EUR-pallets.

(6), as well as against

anti-dumping duties

D. AMENDMENT OF THE ANNEX II TO REGULATION
(EC) No 2334/97

(9) In view of all the above, the Annex II to Regulation (EC)
No 2334/97 which lists the companies from which
undertakings have been accepted should be amended
accordingly. The exporting producers which are no
longer subject to undertakings shall be subject to the
appropriate duty provided for in Article 1(2) of Regu-
lation (EC) No 2334/97.

Commission

forthwith (1) with

(10) Any claim requesting the application of these individual
company anti-dumping duty rates (e.g. following a change
in the name of the entity or following the setting up of
new production or sales entities) should be addressed to
relevant
the
information,
any modification in the
company's activities linked to production, domestic and
export sales associated with e.g. that name change or that
change
entities. The
if appropriate, will, after consultation of
Commission,
the Advisory Committee,
the Regulation
amend
accordingly by updating the list of companies benefiting
from individual duty rates,

in the production and sales

in particular

all

— ‘Drewpal’ sp. j., Blizanow

— ‘D&M&D’ Sp. z o.o., Blizanow

— ‘CMC’ Sp. z o.o., Andrychow, Inwald

— P.P.H.U. ‘Zbigniew Marek’, Andrychow.

2.
The rate of the anti-dumping duty applicable to the net,
free-at-Community frontier prices, before duty, on EUR-pallets,
shall be as follows:

Name of the company

Anti-dumping
rate

Taric code

P.W. ‘Intur-kfs’ Sp. z o.o., Inowroclaw

Z.P.H.U. ‘Miroslaw Przybylek’, Klonowa

Import-Export ‘Elko’ Sp. z o.o., Kalisz

‘Drewpal’ sp. j., Blizanow

‘D&M&D’ Sp. z o.o., Blizanow

‘CMC’ Sp. z o.o., Andrychow, Inwald

P.P.H.U. ‘Zbigniew Marek’, Andrychow

9,7 %

6,3 %

6,3 %

6,3 %

6,3 %

6,3 %

6,3 %

8016

8019

8019

8019

8019

8019

8019

Article 3

This Regulation shall enter into force on the day following that
of
the European
Communities.

its publication in the Official

Journal of

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

(1) Commission of the European Communities, Directorate-General for

Trade, Terv 00/13, B-1049 Brussels, Belgium.

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ANNEX I

Manufacturer

Additional Taric Code

1.

‘Baumann Palety’ Sp. z.o.o., Barczewo

2. E. Dziurny — C. Nowak S.C., Snietnica

3. F.P.H. ‘Tina’ S.C., Katowice

4. Firma ‘Sabelmar’ S.C., Konczyce Male

5.

‘Kross-Pol’ Sp. z.o.o., Kolobrzeg

6. P.P.H. ‘GKT’ S.C., Bilgoraj

7. P.P.H. ‘Unikat’, Aleksandrow IV 697

8. P.P.H.U. ‘Adapol’ S.C., Wolomin

9. P.P.H.U. ‘Alpa’ Sp. z.o.o., Dobrzyca

10. P.P.U.H. ‘Alwa’ Sp. z.o.o., Slawno

11. P.P.H.U. ‘Palimex’ Sp. z.o.o., Wloszakowice

12. P.P.U.H. ‘SMS’ — St. Mrozowicz, Suleczyno

13. P.T.H. ‘Mirex’, Kolobrzeg

14. P.W. ‘Peteco’ Sp. z.o.o., Warszawa

15.

‘Paletex’ Produkcja Palet, Roman Panasiuk, Warszawa

16. Produkcja Palet ‘A. Adamus’, Kuznia Grabowska

17. P.P.H. Zygmunt Skibinski, Kowal

18.

‘Scanproduct’ S.A., Czarny Dujanec

19.

‘Transdrewneks’ Sp. z.o.o., Grudziadz-Owczarki

20. W.Z.P.U.M. ‘Euro-Tech’, Rakszawa

21. Z.P.H. ‘Palettenwerk’ — K. Kozik, Jordanow

22. Zaklad Przerobu Drewna S.C., Drawsko Pomorskie

23. Z.P.H.U. ‘Sek-Pol’ Sp. z.o.o., Tarnobrzeg

24.

‘Euro-Mega-Plus’ Sp. z.o.o., Kielce

25. Wyrob, Sprzedaz, Skup Palet, Josef Kolodziejczyk, Aleksandrow IV 704

26. Firma Produkcyjno Transportowa Marian Gerka, Brodnica

27. Z.P.H.U. ‘Drewnex’ Mamos, Luczak, Mamos s.j., Cekow

28. P.P.H.U. ‘Probox’, Import-Export, Kalisz

29. Zaman S.C., Radom

30.

‘Marimpex’, Pulawy

31. ‘AVEN’ Sp. z.o.o., Kostrzyn

32. P.P.H.U. ‘Eurex’ BIS, Godynice

33. ENKEL S.C., Pulawy

8570

8571

8572

8573

8576

8584

8586

8587

8588

8589

8590

8591

8597

8690

8691

8692

8693

8715

8716

8725

8726

8745

8526

8527

8529

8530

8531

8533

8535

8537

8558

8538

8540

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Manufacturer

Additional Taric Code

34. Produkcja Stolarska Posrednictwo Export-Import, W.i.T. HENSOLDT, Lebork

35. P.P.U.H. ‘DREWPOL’, Braszewice

36. PTN Kruklanki Sp. z.o.o., Krulanki

37. WEDAM S.C., Stezyca

38. Import-Export Jan Sibinski, Czajkow

39. P.P.H.U. ‘Alk’, Bierzwnik

40.

‘Empol’ S.C., Jastrzebniki 37

41. Euro-Handels Sp. z.o.o., Szczecin

42. P.P.H. ‘Paletex’ Sibinski Jaroslaw, Czajkow

43. Firma ‘KIKO’ S.C., Poznan

44.

‘Enkel’ Waldemar Wnuk, Pulawy

45. Firma Borkowski S.C. Export-Import, Grabow n. Prosna

46.

‘Bilusa’ Sp. z.o.o., Klodawa

47. P.P.U.H PAL-POL S.C., Prabuty

48. Firma ‘A.C.S.’ S.C., Kamien

49.

‘SMT’ Sp. z.o.o., Miastko

50. Firma Transdrewneks Gadzala Antoni, Torun

51.

‘Palko’ Sp. z.o.o., Sedziszow

52. P.P.H. ‘Vector’, Kalisz

53. P.P.H.U. ‘ELMA’ S.C., Sobieseki

54. P.P.H. SWENDEX S.C., Lublin

55. Pomorski Serwis Paletowy Sp. z o.o., Kobylnica

56.

‘EMI’ S.C., Bilgoraj

57. P.P.H.U ROMAX Import-Eksport, Wroclaw

58. P.P.D.B. ‘Lesnik’ S.C., Krosno

59.

‘EUROPAL’ S.C., Brzeziny

60. P.P.U.H. ‘CENTROPAL’ EKSPORT-IMPORT, Czajkow

61. Energomontaz Polnoc Serwis Sp. z.o.o., Swierze Gorne

62. P.P.H. ‘BOM'S’ S-ka z.o.o., Suwalki

63. P.P.H. ‘Astra’ Sp. z.o.o., Nawojowa

8541

8834

8556

8557

8559

8561

8560

8440

8441

8443

8444

8446

8484

8485

8486

8562

8563

8565

8567

A109

A110

A114

A124

A133

A259

A260

A261

A262

A263