Proposal for a Council Regulation amending Regulation (EC) No 603/1999 imposing a definitive anti-dumping duty on imports of polypropylene binder or baler twine originating in Poland, the Czech Republic and Hungary and collecting definitively the provisional duty imposed
Date: 2002-10-23
Institutions: European Commission
Subjects: Central and Eastern Europe, anti-dumping duty, import, manufactured goods, originating product, plastics

25.2.2003

EN

Official Journal of the European Union

C 45 E/109

Proposal for a Council Regulation amending Regulation (EC) No 603/1999 imposing a definitive
anti-dumping duty on imports of polypropylene binder or baler twine originating in Poland, the
Czech Republic and Hungary and collecting definitively the provisional duty imposed

(2003/C 45 E/11)

COM(2002) 574 final

(Submitted by the Commission on 23 October 2002)

EXPLANATORY MEMORANDUM

1. By Regulation (EC) No 603/1999 the Council imposed definitive anti-dumping duties on imports of

polypropylene binder or baler twine originating, inter alia, in Hungary.

2. 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 Tiszai Vegyi Kombinat Rt
(‘TVK’) from which the Commission accepted an individual price undertaking (Decision 1999/215/EC).

3. TVK advised the Commission that due to changes in its trading activities it wished to withdraw its

undertaking.

4. In view of this, it is necessary to amend Regulation (EC) No 603/1999 by removing the name of TVK
from the list of companies which benefit from an exemption to the anti-dumping duties and to impose
a definitive duty.

5. In parallel, the Commission is amending Article 1 of Decision 1999/215/EC which lists the companies

from which undertakings are accepted.

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 thereof,

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

Whereas:

A. PREVIOUS PROCEDURE

(1) In March 1999, the Council, by Regulation (EC) No 603/1999 (2), imposed definitive anti-dumping
duties on imports of polypropylene binder or baler twine originating in Poland, the Czech Republic
and Hungary.

(2) Within the framework of this proceeding, the Commission, by Decision 1999/215/EC of 16 March
inter alia, the Hungarian company Tiszai Vegyi

1999 (3), accepted a price undertaking offered by,
Kombinat Rt (‘the company’).

(1) OJ L 56, 6.3.1996, p. 1, as last amended by Regulation (EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2).
(2) OJ L 75, 20.3.1999, p. 1, as last amended by Regulation (EC) No 1657/2001 (OJ L 221, 17.8.2001, p. 1).
(3) OJ L 75, 20.3.1999, p. 34, as last amended by Decision 2000/324/EC (OJ L 112, 11.5.2000, p. 65).

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Official Journal of the European Union

25.2.2003

(3) Imports of polypropylene binder or baler twine originating in Hungary exported to the Community by
this company (TARIC Additional Code 8582) were exempted from the anti-dumping duty by Article
2(1) and (2) of Regulation (EC) No 603/1999.

B. VOLUNTARY WITHDRAWAL OF AN UNDERTAKING

(4) Following changes in its trading activities, Tiszai Vegyi Kombinat Rt advised the Commission that it

wished to withdraw its undertaking.

(5) Accordingly, by Commission Decision 2001/. . ./EC,

the undertaking by that company has been
withdrawn and its name has been removed from the list of companies from which undertakings
are accepted in Article 1(1) of Decision 1999/215/EC.

(6) The investigation which led to the undertaking offered by the company was concluded by a final

determination as to dumping and injury by Regulation (EC) No 603/1999.

C. DEFINITIVE DUTIES

(7) In accordance with Article 8(9) of Regulation (EC) No 384/96, the rate of the anti-dumping duty to be
imposed on exports manufactured by the company must be based on the facts established within the
context of the investigation which led to the undertaking. In this regard, and in consideration of the
fact that the dumping margin established was lower than the injury margin, it is considered appro-
priate to set the definitive anti-dumping duty rate at a level of 26,4 % ad valorem, corresponding to the
dumping margin found (see also recital (26) of Regulation (EC) No 603/1999).

D. AMENDMENT OF REGULATION (EC) No 603/1999

(8) In view of the above, Article 1(2) and Article 2(2) of Regulation (EC) No 603/1999 which list the
companies on which anti-dumping duties are imposed and those which are exempted from the
anti-dumping duties should be amended,

HAS ADOPTED THIS REGULATION:

Article 1(2) of Regulation (EC) No 603/1999 is replaced by the following:

Article 1

‘2.
The rate of the definitive anti-dumping duty applicable to the net free-at-Community-frontier
prices before duty of the products manufactured by the companies listed below shall be as follows:

Country

Company

Rate of duty (%)

TARIC additional code

Poland

BZLP Bezalin

PAT Defalin s.a.

Industrial Chemistry Research Institute

Terplast sp z.o.o.

WKI Isoliertechnik Spolka z.o.o.

All other companies

Czech Republic

All companies

Hungary

Tiszai Vegyi Kombinat Rt

All other companies

19,4

16,3

12,8

6,1

15,7

20,3

24,8

26,4

32,9

8450

8569

8578

8579

A091

8900

8900

8582

8900’

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Official Journal of the European Union

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Article 2(2) of Regulation (EC) No 603/1999 is replaced by the following:

Article 2

Imports made within the context of the undertakings offered and accepted shall be declared

‘2.
under the following TARIC additional codes:

Country

Company

TARIC additional code

Czech Republic

Hungary

Juta a.s.

Lanex a.s.

Partium '70 Rt

Elso Magyar Kenderfono Rt

Article 3

8596

8580

8581

8583’

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

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