Council Regulation (EC) No 428/2005 of 10 March 2005 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the People's Republic of China and Saudi Arabia, amending Regulation (EC) No 2852/2000 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the Republic of Korea and terminating the anti-dumping proceeding in respect of such imports originating in Taiwan

• (287) The non-injurious price was obtained by adjusting the sales price of the Community industry to reflect the above mentioned profit margin of 5 %. Any difference resulting from this comparison was then expressed as a percentage of the total CIF import value.

DEFINITIVE MEASURES

• (288) In the light of the foregoing, it is considered that, in accordance with Article 9(4) of the Basic Regulation, an anti-dumping duty should be imposed on imports of the product concerned from PRC, Saudi Arabia, and the Republic of Korea at the level of the lesser of the injury or dumping margins found.

• (289) On the basis of the above, the duty rates are as follows:

• (290) The individual company anti-dumping duty rates specified in this Regulation were established on the basis of findings of the present investigation. It therefore reflects the situation found during that investigation with respect to said companies. These duty rates (as opposed to the country-wide duty applicable to ‘all other companies’) are thus applicable exclusively to imports of the product originating in the countries concerned and produced by the corresponding companies and thus by the specific legal entities mentioned. Imported products produced by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to the one specifically mentioned, cannot benefit from this rate and shall be subject to the duty rate applicable to ‘all other companies’.

• (291) Any claim requesting the application of these individual company anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission ([^E0013]) forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Commission will, after consultation of the Advisory Committee, propose the amendment of the Regulation accordingly by updating the list of companies benefiting from individual duty rates.

UNDERTAKINGS

• (292) One cooperating exporting producer in Saudi Arabia offered a price undertaking in accordance with Article 8(1) of the Basic Regulation. The minimum prices originally offered by this exporting producer did, however, not eliminate the injurious effect of dumping. The same is true for a revised offer received from that company. Furthermore, the sales structure of this company in the Community is such that it would not allow an effective monitoring of the undertaking. The offer had therefore to be rejected.

• (293) Two Chinese exporting producers offered an undertaking, which was supported by a users' association. However, this offer could not be accepted because it would have meant exempting a certain volume of imports from definitive measures and would not, therefore, have been adequate to remove the injury caused to the Community industry. Alternatively, these exporters also offered a minimum price applicable to all imports into the Community but at a level which did not eliminate the injurious effect of dumping. The offers had therefore to be rejected. Furthermore, it could not be accepted that different minimum prices would be established for different product types which are not easily distinguishable upon importation. This would render the commitment to respect the minimum prices easily to circumvent. In addition, the investigation revealed that the exporters' accounting was not kept in line with international accounting standards, which would render monitoring of an undertaking particularly difficult.

• (294) Another Chinese exporting producer, which was granted neither MES nor IT, proposed an undertaking whereby its export prices to the Community would be increased. Beside the fact that the increase in price offered did not eliminate the injurious dumping established, it is the Commission's practice not to accept undertakings from companies which were neither granted MES nor IT since no individual determination of dumping can be established in such a case. On this basis, the undertaking offer from this exporting producer had to be rejected,

HAS ADOPTED THIS REGULATION:

Article 1

• (a)the goods declared and presented to customs correspond precisely to the product described in paragraph 1;

• (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

• (c)the goods declared and presented to customs correspond precisely to the description on the commercial invoice.

Article 2

The part of the table in Article 1(2) of Regulation (EC) No 2852/2000 concerning the definitive anti-dumping duty rates applicable on imports of synthetic staple fibres of polyesters, not carded, combed or otherwise processed for spinning, falling within CN code 5503 20 00 originating in the Republic of Korea, shall be replaced by the following:

Article 3

The anti-dumping proceeding concerning imports of synthetic fibres of polyesters originating in Taiwan is hereby terminated.

Article 4

This Regulation shall enter into force on the day following that of 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.

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.’

[^E0001]: 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).

[^E0002]: OJ L 204, 4.8.1999, p. 3.

[^E0003]: OJ L 332, 28.12.2000, p. 17.

[^E0004]: OJ C 309, 19.12.2003, p. 6.

[^E0005]: OJ C 309, 19.12.2003, p. 2.

[^E0006]: OJ L 175, 14.7.2000, p. 10.

[^E0007]: OJ L 274, 11.10.2002, p. 1.

[^E0008]: One of the cooperating non-complainant producers has manifested that its total PSF production is not sold to the open market but to related companies, as captive sales.

[^E0009]: It is estimated that Community non-woven consumption of PSF represents about 25 % of total PSF market consumption for the IP.

[^E0010]: Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10). Directive as last amended by Directive 2004/12/EC (OJ L 47, 18.2.2004, p. 26).

[^E0011]: See Article 6.1 of Directive 94/62/EC.

[^E0012]: Other end uses are bottle-to-bottle recycling, using 11 % of PET bottles collected, polyester sheet, using 7,5 % and strapping, using 7,6 %.

[^E0013]: European Commission, Directorate-General Trade, J-79 05/16, Rue de la Loi/Wetstraat 200, B-1049 Brussels.