2006/173/EC: Commission Decision of  13 February 2006  repealing Decision 2001/645/EC accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of polyethylene terephthalate film originating,  inter alia , in India
Date: 2006-02-13
Institutions: European Commission
Subjects: India, anti-dumping duty, anti-dumping legislation, import, originating product, plastics

8.3.2006

EN

Official Journal of the European Union

L 68/37

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION
of 13 February 2006
repealing Decision 2001/645/EC accepting undertakings offered in connection with the anti-dumping
proceeding concerning imports of polyethylene terephthalate film originating, inter alia, in India

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

(2006/173/EC)

Having regard to the Treaty establishing the European
Community,

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

After consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURE

(1)

(2)

The Council, by Regulation (EC) No 1676/2001 (2),
imposed definitive anti-dumping duties on imports of
polyethylene terephthalate (PET) film originating, inter alia,
in India. The measures took the form of an ad valorem duty
ranging between 0 and 62,6 % on imports of PET film
originating in India.

the Commission, by Decision
On 22 August 2001,
2001/645/EC (3), accepted undertakings offered by five
Indian producers: Ester Industries Limited (Ester), Flex
Industries Limited (Flex), Garware Polyester Limited
(Garware), MTZ Polyfilms Limited (MTZ) and Polyplex
Corporation Limited (Polyplex).

On 22 November 2003 (4), the Commission initiated a
partial interim review of Regulation (EC) No 1676/2001
limited to the form of the definitive anti-dumping mea-
sures. This investigation has been concluded by Council
Regulation (EC) No 365/2006 (5), which amended
Regulation (EC) No 1676/2001.

B. WITHDRAWAL OF THE ACCEPTANCE OF
UNDERTAKINGS

(4)

As set out
in recitals 22 to 25 of Regulation (EC)
No 365/2006, and after having consulted all parties
concerned, the undertakings in their current form are not
appropriate to counteract the injurious effect of dumping,
since they present both considerable monitoring and
enforcement difficulties and unacceptable risks. On this
basis, and also in accordance with the relevant clauses of
the undertakings in question, which authorise the Com-
mission to unilaterally withdraw the acceptance of the
undertakings, the Commission has decided to withdraw
the acceptance of the undertakings.

(5)

The Commission informed the Indian authorities and the
Indian exporting producers concerned in Regulation (EC)
No 365/2006 that it proposed to withdraw the acceptance
of the current undertakings. The interested parties were
given the opportunity to comment.

(6)

These comments are addressed in recitals 27 to 31 of
Regulation (EC) No 365/2006.

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

No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2) OJ L 227, 23.8.2001, p. 1.
(3) OJ L 227, 23.8.2001, p. 56.

(4) OJ C 281, 22.11.2003, p. 4.
(5) See page 1 of this Official Journal.

L 68/38

EN

Official Journal of the European Union

8.3.2006

C. REPEAL OF DECISION 2001/645/EC

HAS DECIDED AS FOLLOWS:

(7)

(8)

In the light of the above, Decision 2001/645/EC accepting
undertakings from Ester Industries Limited (Ester), Flex
Industries Limited (Flex), Garware Polyester Limited
(Garware), MTZ Polyfilms Limited (MTZ) and Polyplex
Corporation Limited (Polyplex) should be repealed.

Article 1

Decision 2001/645/EC is hereby repealed.

Article 2

This Decision shall take effect on the day following its publica-
tion in the Official Journal of the European Union.

Done at Brussels, 13 February 2006.

In parallel to this Decision, the Council, by Regulation
(EC) No 366/2006 (1), has imposed definitive anti-
dumping duties on imports into the Community of poly-
ethylene terephthalate (PET) film originating in India,

For the Commission
Peter MANDELSON
Member of the Commission

(1) See page 6 of this Official Journal.