2005/3/EC: Commission Decision of 3 January 2005 accepting an undertaking offered in connection with the anti-circumvention investigation concerning anti-dumping measures imposed by Council Regulation (EC) No 769/2002 on imports of coumarin originating in the People’s Republic of China by imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not
Date: 2005-01-03
Institutions: European Commission
Subjects: China, India, Thailand, anti-dumping measure, chemical compound, import, originating product

4.1.2005

EN

Official Journal of the European Union

L 1/15

COMMISSION DECISION

of 3 January 2005

accepting an undertaking offered in connection with the anti-circumvention investigation
concerning anti-dumping measures imposed by Council Regulation (EC) No 769/2002 on imports
of coumarin originating in the People’s Republic of China by imports of coumarin consigned from
India or Thailand, whether declared as originating in India or Thailand or not

(2005/3/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)

(2)

Following an expiry review, by Regulation (EC) No
769/2002 (2)
the Council
(the original Regulation),
imposed a definitive anti-dumping duty of EUR 3 479
per tonne on imports of coumarin, falling within CN
People’s
code
Republic of China (PRC).

ex 2932 21 00

originating

the

in

the Commission received a
On 24 February 2004,
request pursuant to Article 13(3) of the basic Regulation
to investigate the alleged circumvention of
the anti-
dumping measures imposed on imports of coumarin
originating in the PRC (the request). The request was
submitted by the European Chemical Industry Council
(CEFIC) (the applicant) on behalf of the sole producer
in the Community. The request contained sufficient
prima facie evidence to warrant the initiation of an inves-
tigation.

(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 123, 9.5.2002, p. 1. Regulation as amended by Regulation (EC)

No 1854/2003 (OJ L 272, 23.10.2003, p. 1).

The Commission initiated an investigation by Regulation
(EC) No 661/2004 (3) (the initiating Regulation) into the
alleged circumvention of
the anti-dumping measures
imposed on imports of coumarin originating in the
PRC by imports of coumarin consigned from India or
Thailand, whether declared as originating in India or
Thailand or not.

As a result of the investigation, the Council, by Regu-
lation (EC) No 2272/2004 (4), extended the anti-dumping
duty imposed on imports of coumarin originating in the
People’s Republic of China to imports of coumarin
consigned from India or Thailand, whether declared as
originating in India or Thailand or not.

B. UNDERTAKING

Atlas Fine Chemicals Pvt. Ltd, a cooperating exporting
producer
in India, has offered an undertaking in
accordance with Article 8(1) of the basic Regulation. In
that undertaking, the exporting producer has offered to
sell
to the Community coumarin which it genuinely
produces in India up to a quantitative ceiling corre-
sponding
coumarin genuinely
produced in India and sold to the Community during
the period between 1 April 2003 and 31 March 2004.

to the quantity of

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
the sales structure of
Commission considers the risk of circumventing the
agreed undertaking is limited.

this company is such that

The undertaking offer
that only genuinely
ensures
produced coumarin in India will be exported to the
Community. In view of the above, the undertaking is
considered to prevent circumvention and therefore it is
acceptable.

(4)

(5)

(6)

(7)

(3) OJ L 104, 8.4.2004, p. 99.
(4) OJ L 396, 31.12.2004, p. 18.

L 1/16

EN

Official Journal of the European Union

4.1.2005

(8)

relevant

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
upon the presentation of an invoice containing at least
the items of information listed in the Annex to Regu-
lation (EC) No 2272/2004. This level of information is
also necessary to enable customs authorities to ascertain
with sufficient precision that the shipment corresponds
to the commercial documents. Where no such invoice is
presented, or where it does not correspond to the
product presented to customs, the appropriate rate of
anti-dumping duty will instead be payable.

(9)

In the event of a breach or withdrawal of the under-
taking, an anti-dumping duty may be imposed pursuant
to Article 8(9) and (10) of the basic Regulation,

HAS ADOPTED THIS DECISION:

imports of coumarin consigned from India or Thailand is
hereby accepted.

Country

India

Company

Atlas Fine Chemicals Pvt. Ltd,
Debhanu Mansion,
Nasik-Pune Highway,
Nasik Road,
MS 422 101, India

Taric additional
code

A579

Article 2

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

Article 1

Done at Brussels, 3 January 2005.

The undertaking offered by the producer mentioned below, in
connection with the investigation into the alleged circum-
vention of
anti-dumping measures on imports of
coumarin originating in the People’s Republic of China by

the

For the Commission

Peter MANDELSON
Member of the Commission