Council Regulation (EC) No 2011/2002 of 11 November 2002 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: 2002-11-11
Institutions: Council of the European Union
Subjects: Central and Eastern Europe, anti-dumping duty, import, manufactured goods, originating product, plastics

14.11.2002

EN

Official Journal of the European Communities

L 311/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2011/2002

of 11 November 2002

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

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 origin-
ating in Poland, the Czech Republic and Hungary.

(2) Within the framework of this proceeding, the Commis-
sion, by Decision 1999/215/EC of 16 March 1999 (3),
accepted a price undertaking offered by, inter alia, the
Hungarian company Tiszai Vegyi Kombinat Rt
(‘the
company’).

(5)

(6)

(7)

Accordingly, by Commission Decision 2002/890/EC (4),
the undertaking by the company has been withdrawn
and its name has been removed from the list of compa-
nies from which undertakings are accepted, in Article
1(1) of Decision 1999/215/EC.

C. DEFINITIVE DUTIES

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.

the rate of

In accordance with Article 8(9) of Regulation (EC) No
the anti-dumping duty to be
384/96,
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 appropriate to set
the definitive anti-
dumping duty rate at a level of 26,4 % ad valorem, corre-
sponding to the dumping margin found (see also recital
26 of Regulation (EC) No 603/1999).

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

(3)

Imports of polypropylene binder or baler twine origin-
ating 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.

(8)

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

B. VOLUNTARY WITHDRAWAL OF AN UNDERTAKING

(4)

Following changes in its trading activities, the company
advised the Commission that it wished to withdraw its
undertaking.

(1) OJ L 56, 6.3.1996, p. 1, as last amended by Regulation (EC) No

HAS ADOPTED THIS REGULATION:

Article 1

1972/2002, (OJ L 305, 7.11.2002, p. 1).

(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 amended by Decision 2000/

324/EC, (OJ L 112, 11.5.2000, p. 65).

Regulation (EC) No 603/1999 is hereby amended as follows:

(4) See page 20 of this Official Journal.

L 311/2

EN

Official Journal of the European Communities

14.11.2002

1. Article 1(2) shall be replaced by the following:

‘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

2. Article 2(2) shall be replaced by the following:

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’

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

‘2.
the following TARIC additional codes:

Country

Company

TARIC additional code

Czech Republic

Juta a.s.

Lanex a.s.

Hungary

Partium '70 Rt

Elso Magyar Kenderfono Rt

Article 2

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.

Done at Brussels, 11 November 2002.

For the Council

The President

B. MIKKELSEN