2005/613/EC: Commission Decision of 18 July 2005 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of polyester staple fibre originating, inter alia, in Saudi Arabia
Date: 2005-07-18
Institutions: European Commission
Subjects: Saudi Arabia, anti-dumping duty, anti-dumping legislation, import, man-made fibre

L 211/20

EN

Official Journal of the European Union

13.8.2005

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 18 July 2005

accepting an undertaking offered in connection with the anti-dumping proceeding concerning
imports of polyester staple fibre originating, inter alia, in Saudi Arabia

(2005/613/EC)

THE COMMISSION OF THE EUROPEAN COMMUNIITES,

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 Articles 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)

The Council, by Regulation (EC) No 428/2005 (2) (the
definitive Regulation),
imposed definitive anti-dumping
duties on imports of polyester staple fibre (PSF) origi-
nating in the People’s Republic of China and Saudi
Arabia, amended the definitive anti-dumping duties in
force on such imports originating in South Korea and
terminated the anti-dumping proceeding in respect to
such imports originating in Taiwan.

(2)

Following disclosure of definitive findings, Saudi Basic
Industries Corporation (Sabic) presented to the Com-
stipulated, an
mission services, within the deadlines

(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 71, 17.3.2005, p. 1.

of

the

related

producer

offer for price undertaking as well as a revised offer
thereon, on its behalf and of all related companies,
including
product
the
concerned Arabian Industrial
Fibres Company (Ibn
Rushd). This undertaking offer was not accepted due to
the reasons set out in recital 292 of the definitive Regu-
lation.
the minimum prices originally
offered by Sabic did not eliminate the injurious effect
this
of dumping.
company in the Community was such that it did not
allow an effective monitoring of the undertaking.

the sales structure of

In particular,

In addition,

(3)

(4)

(5)

Subsequent meetings between Sabic’s representatives and
the Commission services then resulted in substantial
revisions to the undertaking offer that overcame the
above problems. The revised offer not only eliminated
the injurious effect of dumping but also limited to a
satisfactory degree the risk of circumvention in the
form of cross-compensation with other products.
In
addition, the company amended its channels of sale in
it was considered
the Community to the extent
possible for the Commission to effectively monitor the
undertaking.

that

The final acceptable offer of a price undertaking was
made by Sabic prior to the publication of the definitive
findings, but at such a late stage in the proceeding that it
was administratively impossible to include its acceptance
in the definitive Regulation.

The Community industry was informed of this revised
offer and maintained that acceptance of a price under-
taking would allow such imports to continue to cause
serious injury to European producers, due to the cyclical
nature of polyester staple fibre pricing.

13.8.2005

EN

Official Journal of the European Union

L 211/21

(6)

(7)

(8)

(9)

it should be noted that the final offer
In this regard,
made foresees the indexation of the minimum prices of
PSF to public international quotations of its main raw
materials, i.e. PTA and MEG. Consequently, the cyclical
nature of PSF prices, which mainly reflects changes in the
prices of its raw materials, is addressed in a way which
reasonably eliminates the risk that the injurious dumping
continues.

Finally, the undertaking offer foresees reporting also on
products other than PSF sold to the same clients by Sabic
related customers in the Community. Therefore, the risk
of cross-compensation with other products is to a great
extent eliminated.

Consequently, none of the arguments brought forward
by the Community industry alters the Commission’s
conclusion that the undertaking offered by Sabic elim-
inates the injurious effect of dumping and limits to a
sufficient degree the risk of circumvention in the form
of cross-compensation with other products.

B. UNDERTAKING

In view of the foregoing, the Commission considers that
the undertaking offered by Sabic, which includes an
indexation of the minimum prices to public quotations
of its main raw materials, can be accepted since it elim-
inates the injurious effects of dumping. Moreover, the
regular
company
and detailed reports which the
undertook to provide to the Commission will allow
effective monitoring, and the risk of circumvention of
the undertaking is limited,

HAS DECIDED AS FOLLOWS:

Article 1

The undertaking offered by the companies mentioned below, in
connection with the
anti-dumping proceeding concerning
polyester staple fibres originating in the People’s Republic of
China and Saudi Arabia, is hereby accepted.

TARIC
additional
code

A671

Country

Company

Saudi Arabia

or

Produced and sold by Arabian Industrial
Fibres Company (Ibn Rushd), Yanbu Al-
Sinaiyah,
by Arabian
produced
Industrial Fibres Company (Ibn Rushd),
Yanbu Al-Sinaiyah, and sold by Saudi
(Sabic),
Industries Corporation
Basic
in the
to the first customer
Riyadh,
Community acting as an importer

Article 2

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

Done at Brussels, 18 July 2005.

For the Commission

Peter MANDELSON
Member of the Commission