Council Regulation (EC) No 1333/2005 of 9 August 2005 amending Regulation (EC) No 428/2005 imposing definitive anti-dumping duty on imports of polyester staple fibres originating in the People’s Republic of China and Saudi Arabia
Date: 2005-08-09
Institutions: Council of the European Union
Subjects: Saudi Arabia, anti-dumping duty, anti-dumping legislation, import, textile fibre

13.8.2005

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1333/2005

of 9 August 2005

amending Regulation (EC) No 428/2005 imposing definitive anti-dumping duty on imports of
polyester staple fibres originating in the People’s Republic of China and Saudi Arabia

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty
Community,

establishing the European

The Commission, by Decision 2005/613/EC (3), accepted
the undertaking offer by Sabic. The Decision set outs the
reasons
for accepting this undertaking. The Council
recognises that the revisions introduced to the under-
taking offer eliminate the injurious effect of dumping
and limit to a sufficient degree the risk of circumvention
in the form of cross-compensation with other products.

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,

(4)

In view of the acceptance of the undertaking offer, it is
necessary to amend Regulation (EC) No 428/2005
accordingly,

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

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

The following paragraphs shall be added to Article 1 of Regu-
lation (EC) No 428/2005:

(1)

(2)

PROCEDURE

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 of
such imports originating in Taiwan.

Saudi Basic Industries Corporation (Sabic), on its behalf
including the
and on that of all related companies,
related producer of
the product concerned, Arabian
Industrial Fibres Company (Ibn Rushd), offered an
acceptable undertaking before publication of the defi-
nitive findings but at a stage when it was administratively
impossible to include its acceptance in the definitive
Regulation.

(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.

‘4.
Imports declared for release into free circulation shall
be exempt from the anti-dumping duties imposed by para-
graphs 1 and 2, provided that
they are manufactured,
shipped and invoiced by companies from which under-
takings are accepted by the Commission and the names of
which are listed in the relevant Commission Decision or
Regulation, as from time to time amended, and have been
imported in accordance with the provisions of
that
Commission Decision or Regulation.

The imports mentioned in paragraph 4 shall be

5.
exempt from the anti-dumping duty provided that:

(a)

goods

declared

the
customs
correspond precisely to the product described in
paragraph 1;

presented

and

to

(3) See page 20 of this Official Journal.

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(b) a commercial

invoice containing at least the elements
listed in the Annex is presented to Member States’
customs authorities upon presentation of the declaration
for release into free circulation; and

Article 2

The text as set out in the Annex shall be added to Regulation
(EC) No 428/2005.

(c)

the goods declared and presented to customs cor-
respond precisely to the description on the commercial
invoice.’

Article 3

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

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

Done at Brussels, 9 August 2005.

For the Council
The President

J. STRAW

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ANNEX

‘ANNEX

The following elements shall be indicated in the commercial invoice accompanying the company’s sales of polyester
staple fibres to the Community which are subject to an Undertaking:

1. The heading “COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING”.

2. The name of the company mentioned in Article 1 of Commission Decision 2005/613/EC accepting the undertaking

issuing the commercial invoice.

3. The commercial invoice number.

4. The date of issue of the commercial invoice.

5. The TARIC additional code under which the goods on the invoice are to be customs cleared at the Community

frontier.

6. The exact description of the goods, including:

— product code number (PCN) used for the purposes of the investigation and the undertaking (e.g. PCN 1, PCN 2,

etc.),

— plain language description of the goods corresponding to the PCN concerned,

— company product code (CPC) (if applicable),

— CN code,

— quantity (to be given in kilograms).

7. The description of the terms of the sale, including:

— price per kilogram,

— the payment terms applicable,

— the delivery terms applicable,

— total discounts and rebates.

8. Name of the company acting as an importer in the Community to which the commercial invoice accompanying goods

subject to an undertaking is issued directly by the company.

9. The name of the official of the company that has issued the invoice, and the following signed declaration:

“I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this
invoice is being made within the scope and under the terms of the undertaking offered by [company], and accepted by
the European Commission through Decision 2005/613/EC. I declare that the information provided in this invoice is
complete and correct.” ’