Proposal for a COUNCIL IMPLEMENTING REGULATION amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan
Date: 2013-04-24
Institutions: European Commission
Subjects: India, Indonesia, Malaysia, South Korea, Taiwan, Thailand, anti-dumping measure, import (EU), originating product, plastics

EUROPEAN 
COMMISSION 

Brussels, 24.4.2013  
COM(2013) 238 final 

2013/0126 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING REGULATION 

amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on 
imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, 
Malaysia, the Republic of Korea, Thailand and Taiwan 

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EXPLANATORY MEMORANDUM 

1) CONTEXT OF THE PROPOSAL 

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•  Grounds for and objectives of the proposal 

This proposal concerns the application of Council Regulation (EC) No 1225/2009 
of  30  November  2009  on  protection  against  dumped  imports  from  countries  not 
members of the European Community1 ('the basic Regulation'), in the proceeding 
concerning  imports  of  certain  polyethylene  terephthalate (PET) originating  India, 
Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan. 

•  General context 

This proposal is made in the context of the implementation of the basic Regulation 
and concerns the withdrawal of two price undertakings previously accepted by the 
Commission (Decision 2000/745/EC2, as amended by Decision 2002/232/EC3) in 
the framework of the anti-dumping proceeding referred to above. 

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•  Existing provisions in the area of the proposal 

By  Regulation  (EC)  No  192/20074  the  Council  imposed  a  definitive  anti-
dumping  duty  on  imports  of  certain  polyethylene  terephthalate  (PET) 
originating  India,  Indonesia,  Malaysia,  the  Republic  of  Korea,  Thailand  and 
Taiwan. The Commission, by Decision 2000/745/EC5, as amended by Decision 
2002/232/EC6  accepted  five  price  undertakings  from  Indonesian  and  Indian 
companies. 

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•  Consistency with other policies and objectives of the Union 

Not applicable. 

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

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Interested  parties  concerned  by  the  proceeding  have  had  the  opportunity  to 
comment, in line with Article 8 (9) of the basic Regulation. 

•  Collection and use of expertise 

There was no need for external expertise. 

• 

Impact assessment 

This proposal is the result of the implementation of the basic Regulation. 

The  basic  Regulation  does  not  provide  for  a  general  impact  assessment  but 
contains an exhaustive list of conditions that have to be assessed. 

OJ L 343, 22.12.2009, p. 51.  
OJ L 301, 30.11.2000, p. 88. 
OJ L 78, 21.3.2002, p. 12., OJ C 116, 15.5.2003, p. 2. 
OJ L 59,27.2.2007, p.1. 
OJ L 301, 30.11.2000, p. 88. 
OJ L 78, 21.3.2002, p. 12., OJ C 116, 15.5.2003, p. 2. 

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3) LEGAL ELEMENTS OF THE PROPOSAL 

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•  Summary of the proposed action 

The  Commission  is  currently  proceeding  with  the  withdrawal  of  two  price 
undertakings  due  to  their  repetitive  breach  by  Commission  decision.  Hence,  the 
underlying  Council  Regulation  imposing  the  definitive  anti-dumping  duty  should 
also  be  amended  accordingly,  i.e.  by  deleting  the  companies  concerned  from  the 
list of companies with undertakings mentioned in Article 2 (3). 

Therefore,  it  is  proposed  that  the  Council  adopts  the  attached  proposal  for 
Regulation  which  should  be  published  in  the  Official  Journal  of  the  European 
Union. 

•  Legal basis 

Council  Regulation  (EC)  No  1225/2009  of  30  November  2009  on  protection 
against dumped imports from countries not members of the European Community. 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Union. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

The  form  of  action  is  described  in  the  above-mentioned  basic  Regulation  and 
leaves no scope for national decision. 

Indication  of  how  financial  and  administrative  burden  falling  upon  the  Union, 
national  governments,  regional  and  local  authorities,  economic  operators  and 
citizens  is  minimized  and  proportionate  to  the  objective  of  the  proposal  is  not 
applicable. 

•  Choice of instruments 

Proposed instruments: regulation. 

Other means would not be adequate for the following reason: 

The above-mentioned basic Regulation does not provide for alternative options. 

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4) BUDGETARY IMPLICATION 

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The proposal has no implication for the Union budget. 

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2013/0126 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING REGULATION 

amending Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on 
imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, 
Malaysia, the Republic of Korea, Thailand and Taiwan 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection 
against dumped imports from countries not members of the European Community7 ('the basic 
Regulation'), and in particular Articles 8 and 9 thereof, 

Having regard to the proposal submitted by the European Commission after having consulted 
the Advisory Committee, 

Whereas: 

(1) 

(2) 

A. 

PREVIOUS PROCEDURE 
The  Council,  by  Regulation  (EC)  No  192/20078,  imposed  a  definitive  anti-dumping 
duty  on  imports  of  certain  polyethylene  terephtalate  (‘PET’)  originating  in  India, 
Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan following an expiry 
review and a partial interim review. The measures were originally imposed in August 
20009. Measures are currently subject to another expiry review10.  
The Commission, by Decision 2000/745/EC11 accepted a price undertaking, inter alia, 
from  the  Indonesian  company  P.T.  Polypet  Karyapersada  (‘Polypet’).  Following  the 
findings  and  conclusions  relating  to  a  ‘new  exporter‘  review12,  the  Commission,  by 
Decision  2002/232/EC13  amending  Decision  2000/745/EC,  accepted  an  undertaking 
from the Indian company Futura Polymers Limited ('Futura'). 

B.  WITHDRAWAL OF UNDERTAKINGS AND AMENDMENT OF 
REGULATION No (EC) 192/2007 

(3) 

The Commission, by Decision XX14, withdrew the acceptance of the undertakings in 
relation  to  the  companies  Polypet  and  Futura.  Therefore,  Article  2  (3)  of  Regulation 
(EC) 192/2007 should be amended accordingly. 

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OJ L 343, 22.12.2009, p. 51.  
OJ L 59,27.2.2007, p.1.  
OJ L 199, 5.8.2000, p.48.. 
OJ C 55, 24.2.2012, p. 4. 
OJ L 301, 30.11.2000, p. 88. 
OJ L 78, 21.3.2002, p. 4. 
OJ L 78, 21.3.2002, p. 12., OJ C 116, 16.5.2003, p. 2. 
See page XX of this Official Journal. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

The table in Article 2 (3) of Regulation (EC) No 192/2007 is replaced by the following table: 

Country 

Companies 

India  

India 

India  

Reliance Industries Limited  

Pearl Engineering Polymers Limited 

Dhunseri Petrochem & Tea Limited 

TARIC 
additional 
code 

A181 

A182 

A585 

Article 2 

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

Done at Brussels,  

For the Council 
The President 

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