2002/675/EC: Commission Decision of 23 August 2002 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain tube and pipe fittings, of iron or steel, originating in the Czech Republic, Malaysia, the Republic of Korea, Russia and Slovakia
Date: 2002-08-23
Institutions: European Commission
Subjects: anti-dumping legislation, import, originating product, piping, third country

L 228/34

EN

Official Journal of the European Communities

24.8.2002

COMMISSION DECISION

of 23 August 2002

accepting an undertaking offered in connection with the anti-dumping proceeding concerning
imports of certain tube and pipe fittings, of iron or steel, originating in the Czech Republic,
Malaysia, the Republic of Korea, Russia and Slovakia

(2002/675/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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,

After consulting the Advisory Committee,

Whereas:

(6)

(7)

(1)

(2)

(3)

(4)

A. PROCEDURE

By Regulation (EC) No 358/2002 (3), the Commission
imposed provisional anti-dumping duties on imports
into the Community of certain tube and pipe fittings, of
iron or
steel, originating in the Czech Republic,
Malaysia, the Republic of Korea, Russia and Slovakia.

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
in Council Regulation (EC) No 1514/2002 (4)
out
imposing a definitive anti-dumping duty on imports of
certain tube and pipe fittings, of iron or steel, originating
in the Czech Republic, Malaysia, the Republic of Korea,
Russia and Slovakia.

The investigation confirmed the provisional findings of
injurious dumping relating to imports originating in the
abovementioned countries.

B. UNDERTAKING

Subsequent to the adoption of provisional anti-dumping
measures, one cooperating exporting producer in the
Czech Republic offered a price undertaking in accord-
ance with Article 8(1) of Regulation (EC) No 384/96 (the
‘Basic Regulation’). In that undertaking, it has offered to
sell the product concerned at or above price levels which
eliminate the injurious effects of dumping.

(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 4.
(3) OJ L 56, 27.2.2002, p. 4.
(4) See page 1 of this Official Journal.

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 this exporting producer is such that
the Commission considers that the risk of circumventing
the undertaking is limited.

In view of this, the undertaking offered is considered
acceptable.

In order to enable the Commission to monitor effec-
tively the company's compliance with its undertaking,
when the request for release for free circulation pursuant
to the undertaking is presented to the relevant customs
authority, exemption from the duty will be conditional
on the presentation of an invoice containing at least the
items of information listed in the Annex to Regulation
(EC) 1514/2002. This level of information is also neces-
sary 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.

(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,

HAS DECIDED AS FOLLOWS:

Article 1

The undertaking offered by the producer mentioned below, in
connection with the anti-dumping proceeding concerning
imports of certain tube and pipe fittings of
iron or steel,
originating in the Czech Republic, Malaysia, the Republic of
Korea, Russia and Slovakia,

is hereby accepted.

Country

Company

TARIC addi-
tional code

Czech Republic

Bovex s.r.o, Hercikova 4, 612 000
Brno, Czech Republic

A387

24.8.2002

EN

Official Journal of the European Communities

L 228/35

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

Article 2

Done at Brussels, 23 August 2002.

For the Commission

Pascal LAMY

Member of the Commission