2004/600/EC: Commission Decision of 4 August 2004 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of polyethylene terephthalate originating, inter alia, in Australia
Date: 2004-08-04
Institutions: European Commission
Subjects: Australia, anti-dumping legislation, plastics, plastics industry

L 271/38

EN

Official Journal of the European Union

19.8.2004

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 4 August 2004

accepting undertakings offered in connection with the anti-dumping proceeding concerning imports
of polyethylene terephthalate originating, inter alia, in Australia

(2004/600/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

2. UNDERTAKING

Having regard to the Treaty
Community,

establishing the European

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 Communities (1) (the
basic Regulation), and in particular Article 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

(1)

(2)

(3)

1. PROCEDURE

On 19 February 2004,
the Commission imposed, by
Regulation (EC) No 306/2004 (2), a provisional anti-
dumping duty on the imports into the Community of
poly(ethylene terephthalate)
(hereinafter referred to as
PET or product concerned) originating in Australia, the
People’s Republic of China and Pakistan (the provisional
Regulation).

Following the adoption of the provisional anti-dumping
measures, the Commission continued the investigation of
dumping, injury and Community interest. The definitive
findings and conclusions of the investigation are set out
in Council Regulation (EC) No 1467/2004 (3) imposing
definitive anti-dumping duties on imports of PET origi-
nating in Australia, the People’s Republic of China and
Pakistan (the definitive Regulation).

The investigation confirmed the provisional findings of
injurious dumping relating to imports of the product
People’s
concerned
Republic of China and Pakistan.

in Australia,

originating

the

(4)

(5)

(6)

(7)

cooperating

exporting producer

Subsequent to the adoption of provisional anti-dumping
measures, one
in
Australia (Leading Synthetics Pty Ltd) offered a price
the
undertaking in accordance with Article 8(1) of
the exporting
basic Regulation.
producer in question has offered to sell
the product
concerned at or above price levels that eliminate the
injurious effect of dumping.

In this undertaking,

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
Commission considers that the risk of circumvention of
the undertaking is limited.

the company is such that

In view of this, it is considered that the undertaking is
acceptable.

relevant

the items of

In order to enable the Commission to monitor effectively
the company’s compliance with the undertaking, when
the request for release for free circulation pursuant to the
undertaking is presented to the
customs
authority, exemption from the duty will be conditional
invoice containing at
on presentation of a commercial
least
information listed in Annex 2 to
Council Regulation (EC) No 1467/2004. This level of
information is also necessary to enable customs autho-
rities
the
to ascertain with sufficient precision that
shipment corresponds to the commercial documents.
Where no such invoice is presented, or when it does
not correspond to the product presented to customs,
the appropriate amount of anti-dumping duty will
instead be payable.

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

(EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(2) OJ L 52, 21.2.2004, p. 5.
(3) See page 1 of this Official Journal.

(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,

19.8.2004

EN

Official Journal of the European Union

L 271/39

HAS DECIDED AS FOLLOWS:

Article 1

The undertaking offered by the exporting producer mentioned
below, in connection with the present anti-dumping proceeding
concerning imports of certain poly(ethylene terephthalate) origi-
nating in Australia, the People’s Republic of China and Pakistan
is hereby accepted.

Country

Manufacturer

TARIC additional code

Australia

Leading Synthetics Pty Ltd

A503

Article 2

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

Done at Brussels, 4 August 2004.

For the Commission

Pascal LAMY
Member of the Commission