2005/697/EC: Commission Decision of 12 September 2005 amending Decision 2000/745/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of polyethylene terephthalate (PET) originating, inter alia, in India
Date: 2005-09-12
Institutions: European Commission
Subjects: India, anti-dumping legislation, anti-subsidy proceeding, import, originating product, plastics

L 266/62

EN

Official Journal of the European Union

11.10.2005

COMMISSION

COMMISSION DECISION

of 12 September 2005

amending Decision 2000/745/EC accepting undertakings offered in connection with the anti-
dumping and anti-subsidy proceedings concerning imports of polyethylene terephthalate (PET)
originating, inter alia, in India

(2005/697/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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 AD Regulation), and in particular Article 8 thereof,

Having regard to Council Regulation (EC) No 2026/97 of
6 October 1997 on protection against subsidised imports
from countries not members of the European Community (2)
(the basic AS Regulation), and in particular Articles 13 and 15
thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1)

By Regulation (EC) No 2604/2000 (3),
the Council
imposed definitive anti-dumping duties on imports into
the Community of certain polyethylene terephthalate
Imports of PET
(PET) originating,
exported by companies from which an undertaking had
been accepted were exempt from that duty pursuant to
Article 2(1) of that Regulation.

inter alia,

in India.

By Regulation (EC) No 2603/2000 (4),
the Council
imposed definitive countervailing duties on imports
into the Community of certain polyethylene terephthalate
(PET) originating,
Imports of PET
exported by companies from which an undertaking had
been accepted were exempt from that duty pursuant to
Article 2(1) of that Regulation.

inter alia,

in India.

the Commission adopted
On 29 November 2000,
2000/745/EC (5),
undertakings
Decision
offered in connection with the two abovementioned
proceedings by the exporters mentioned in Article 1 of
that Decision.

accepting

On 12 January 2005, the Commission, by Regulation
(EC) No 33/2005 (6) announced the initiation of a ‘new
exporter review’ pursuant to Article 11(4) of the basic
AD Regulation.

At
the
the same time and on the same grounds,
Commission initiated an accelerated review of Regulation
(EC) No 2603/2000 (7) pursuant to Article 20 of the
basic AS Regulation.

The definitive findings and conclusions of the investi-
in Council Regulation (EC) No
gations are set out
1646/2005 (8),
No
in Council Regulation (EC) No
2604/2000 and
1645/2005 (9) amending Regulation (EC) No 2603/2000.

Regulation

amending

(EC)

(3)

(4)

(5)

(6)

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

(5) OJ L 301, 30.11.2000, p. 88. Decision as amended by Decision

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

(2) OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu-

lation (EC) No 461/2004.

(3) OJ L 301, 30.11.2000, p. 21. Regulation as last amended by Regu-

lation (EC) No 83/2005 (OJ L 19, 21.1.2005, p. 1).

2002/232/EC (OJ L 78, 21.3.2002, p. 12).

(6) OJ L 8, 12.1.2005, p. 9.
(7) OJ C 8, 12.1.2005, p. 2.
(8) See page 10 of this Official Journal.
(9) See page 1 of this Official Journal.

(4) OJ L 301, 30.11.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 822/2004 (OJ L 127, 29.4.2004, p. 3).

11.10.2005

EN

Official Journal of the European Union

L 266/63

(7)

(8)

B. UNDERTAKING

the

amended definitive

Subsequent
to the disclosure by which South Asian
Petrochem Limited (the company) was informed of the
facts and considerations on the basis of which it was
anti-
intended to impose
dumping duty and countervailing duty on its imports
into the Community, the company offered a price under-
taking in accordance with Article 8(1) of the basic AD
Regulation and Article 13(1) of the basic AS Regulation.
In that undertaking, the exporting producer has offered
to sell the product concerned at or above price levels
which eliminate the injurious effects of dumping and
subsidisation.

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 the risk of circumventing the
agreed undertaking is limited.

this company is such that

(9)

In view of this, the undertaking offered by South Asian
Petrochem Limited is acceptable.

(10)

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 2604/2000. 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

relevant

presented, or when it does not correspond to the product
presented to customs,
the appropriate rate of anti-
dumping and countervailing duty will instead be payable.

(11)

In the event of a breach or withdrawal of the under-
taking, or if there is reason to believe that the under-
taking is being breached, a provisional or definitive duty
may be imposed pursuant to Article 8(9) and (10) of the
basic AD Regulation and, where applicable, pursuant to
Article 13(9) and (10) of the basic AS Regulation,

HAS DECIDED AS FOLLOWS:

Article 1

The table in Article 1 of Decision 2000/745/EC is hereby
amended by adding the following:

Country

Manufacturer

Taric additional code

‘India

South Asian Petrochem Limited

A 585’

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, 12 September 2005.

For the Commission

Peter MANDELSON
Member of the Commission