2002/611/EC: Commission Decision of 12 July 2002 accepting an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of sulphanilic acid originating in India
Date: 2002-07-12
Institutions: European Commission
Subjects: India, anti-dumping legislation, anti-subsidy proceeding, chemical product, import, originating product

L 196/36

EN

Official Journal of the European Communities

25.7.2002

COMMISSION DECISION

of 12 July 2002

accepting an undertaking offered in connection with the anti-dumping and anti-subsidy proceed-
ings concerning imports of sulphanilic acid originating in India

(2002/611/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), as last
amended by Regulation (EC) No 2238/2000 (2), and in partic-
ular Article 8 thereof,

Having regard to Council Regulation (EC) No 2026/97 of 6
October 1997 against subsidised imports from countries not
members of the European Community (3), and in particular
Article 13 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

A. PROCEDURE

By Regulation (EC) No 573/2002 (4) the Commission
imposed a provisional countervailing duty on imports of
sulphanilic acid originating in India. On the same day by
Regulation (EC) No 575/2002 (5), the Commission also
imposed a provisional anti-dumping duty on imports of
the same product originating in India and in the People's
Republic of China.

Following the adoption of the provisional countervailing
measures, the Commission continued its investigation of
subsidisation, injury and Community interest. The defin-
itive findings and conclusions of this investigation are
set out in Council Regulation (EC) No 1338/2002 of 22
July 2002 imposing a definitive countervailing duty and
collecting definitively the provisional countervailing duty
imposed on imports of sulphanilic acid originating in
India (6).

Similarly, following the adoption of the provisional anti-
the Commission continued its
dumping measures,
investigation of dumping,
injury and Community
interest. The definitive findings and conclusions of this
investigation are set out in Council Regulation (EC) No
1339/2002 of 22 July 2002 imposing a definitive anti-
dumping duty and collecting definitively the provisional
anti-dumping duty imposed on imports of sulphanilic

(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 87, 4.4.2002, p. 5.
(5) OJ L 87, 4.4.2002, p. 28.
(6) See page 1 of this Official Journal.

(4)

(5)

(6)

(7)

(8)

acid originating in India and the People's Republic of
China (7).

The investigations confirmed both the provisional find-
ings of injurious subsidisation relating to imports origin-
ating in India and the provisional findings of injurious
dumping relating to imports originating in India and the
People's Republic of China.

B. UNDERTAKINGS

the

sole

Subsequent to the adoption of provisional anti-dumping
and countervailing measures,
cooperating
exporting producer in India (‘the Company’), offered a
price undertaking in accordance with Article 8(1) of
Regulation (EC) No 384/96 (‘basic anti-dumping Regula-
tion’) and Article 13(1) of Regulation (EC) No 2026/97
(‘basic anti-subsidy Regulation’). By doing so,
it has
agreed to sell the product concerned at or above price
levels, which would have the effect of eliminating the
injurious effects of subsidisation and dumping.

The Company will also provide the Commission with
regular and detailed information concerning its exports
to the Community, meaning that the undertaking can be
monitored effectively by the Commission. Furthermore,
the sales structure of the Company is such that the
Commission considers that the risk of circumventing the
agreed undertaking is limited.

In view of the above, the offer of an undertaking is
considered acceptable and the company concerned has
been informed of the essential facts, considerations and
obligations upon which acceptance is based.

In order to ensure the effective monitoring and respect
of the undertaking, when the request for release for free
circulation pursuant to the undertaking is presented to
the relevant customs authority, exemption from duties
shall be conditional upon the presentation of a commer-
cial
invoice containing the information listed in the
Annex to Regulations (EC) No 1338/2002 and (EC) No
1339/2002 which is necessary for customs authorities.
Where no such invoice is presented, or when it does not
correspond to the product concerned presented to
customs, the appropriate rate of countervailing duty and
anti-dumping duty shall instead be payable in order to
ensure the effective application of the undertaking.

(7) See page 11 of this Official Journal.

25.7.2002

EN

Official Journal of the European Communities

(9)

It should be noted that in the event of a breach or
withdrawal of the undertaking or a suspected breach, a
countervailing duty and an anti-dumping duty may be
imposed pursuant to Article 13(9) and (10) of the basic
anti-subsidy Regulation and Article 8(9) and (10) of the
basic anti-dumping Regulation respectively,

Country

Company

India

Kokan Synthetics & Chemicals Pvt
Ltd,
14 Guruprasad, Gokhale Road (N),
Dadar (W),
Mumbai 400 028, India

L 196/37

TARIC
additional code

A398

HAS DECIDED AS FOLLOWS:

Article 1

The undertaking offered by the producer mentioned below, in
the framework of
the anti-subsidy proceeding concerning
imports of sulphanilic acid originating in India and in the
framework of the anti-dumping proceeding concerning imports
of the same product originating in India and the People's
is hereby accepted.
Republic of China,

Article 2

This Decision shall enter into force on the day following that
of its publication in the Official Journal of the European Communi-
ties.

Done at Brussels, 12 July 2002.

For the Commission

Pascal LAMY

Member of the Commission