22.5.2013

EN

Official Journal of the European Union

L 135/19

(1)

The Council, by Regulation (EC) No 192/2007 (2), 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 2000 (3). Measures are currently subject to another expiry review (4).

(2)

The Commission, by Decision 2000/745/EC (5) (‘the Decision‘�, accepted a price undertaking (‘the undertaking‘�, inter alia, from the Indonesian company P.T. Polypet Karyapersada (‘Polypet‘�. Following the findings and conclusions relating to a ‘榥ew exporter‘�review (6), the Commission, by Decision 2002/232/EC (7) amending Decision 2000/745/EC, accepted an undertaking from the Indian company Futura Polyesters Limited (‘楩utura‘�.

(3)

One of the fundamental obligations arising from an undertaking is the quarterly reporting of sales, which enables the Commission to effectively monitor the undertaking. The monitoring obligation also covers the situation that no sales were carried out during a given quarter (a so-called ‘榥o sales‘�report).

(4)

In addition, the exporting producers must immediately notify the Commission of any changes of the corporate structure of the company which might occur during the application of the undertaking.

(5)

The provisions of the undertaking stipulate that failure to cooperate with the Commission on these issues shall be considered as a breach of the undertaking. A recent ruling of the Court of Justice (8) also confirmed that reporting obligations must be regarded as primary obligations for the proper functioning of an undertaking.

(6)

The company Polypet did not send any sales report regarding the third quarter 2012, despite repetitive reminders. In addition, contrary to the provisions of the undertaking to which the company committed, Polypet did not inform the Commission immediately that its assets had been sold to another Indonesian company in August 2012. No report was received regarding the fourth quarter 2012.

(7)

The company Futura did not send any reports for the third and fourth quarter 2012, despite repetitive reminders.

(8)

These failures to submit reports and notifications on the change of company structure qualify as continuous non-cooperation, thus breaching the provisions of the undertakings. This justifies withdrawing both undertakings.

(9)

Both companies were granted the opportunity to be heard and make written submissions. No written submissions were received from the companies.

(10)

Therefore, in accordance with Article 8(9) of the basic anti-dumping Regulation and also in accordance with the relevant clauses of the undertakings authorising the Commission to withdraw the undertaking, the Commission has concluded that the acceptance of the undertakings offered by the companies Polypet and Futura should be withdrawn and Decision 2000/745/EC as amended by Decision 2002/232/EC should be amended. Accordingly, the definitive anti-dumping duties imposed by Article 1 of Regulation (EC) No 192/2007 should automatically apply to imports of PET manufactured by the companies Polypet and Futura (TARIC additional code A193 for Polypet and TARIC additional code A184 for Futura),