HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 125/26
EN
Official Journal of the European Union
14.5.2011
DECISIONS
COMMISSION DECISION
of 13 May 2011
accepting an undertaking offered in connection with the anti-dumping proceeding concerning
imports of zeolite A powder originating in Bosnia and Herzegovina
(2011/279/EU)
THE EUROPEAN COMMISSION,
of 11 May 2011 imposing a definitive anti-dumping duty
and collecting definitively the provisional duty imposed
on imports of zeolite A powder originating in Bosnia
and Herzegovina ( 3 ) (the ‘product concerned’).
Having regard to the Treaty on the Functioning of the European
Union,
Having regard to Council Regulation (EC) No 1225/2009 of
B. UNDERTAKING
30 November 2009 on protection against dumped imports
from countries not members of the European Community ( 1 )
(4) Subsequent
to
the
adoption
of
provisional
anti-dumping
(the ‘basic Regulation’), and in particular Articles 8 and 9
measures, the cooperating exporting producer in Bosnia
thereof,
and Herzegovina, Alumina d.o.o. Zvornik, together with
its related company in the Union, AB Kauno Tiekimas
filialas ‘Kauno Tiekimas’, located in Kaunas, Lithuania,
offered a price undertaking in accordance with
After consulting the Advisory Committee,
Article 8(1) of the basic Regulation. In this undertaking
offer, both companies offered to sell the product
concerned at or above price levels which eliminate the
injurious effects of dumping found during the investi
gation.
Whereas:
A. PROCEDURE
(5) The
minimum
import
price
(MIP)
offer
from
the
(1) By
Regulation
(EU)
No
1036/2010
( 2 ), the Commission
companies was based on the normal value calculated
imposed a provisional anti-dumping duty on imports
for the investigation period.
into the Union of zeolite A powder originating in
Bosnia and Herzegovina.
(2) Following
the
adoption
of
the
provisional
anti-dumping
measures, the Commission continued the investigation of
(6) The
undertaking
offer
also
contained
the
provision
that
dumping, injury and Union interest. The investigation
the sales of the product concerned would be shipped
confirmed the provisional findings of injurious
directly from Alumina d.o.o. Zvornik to the first inde
dumping relating to these imports.
pendent customer in the Union and invoiced either from
Alumina d.o.o. Zvornik to the first independent customer
in the Union or invoiced directly by Kauno. Furthermore,
the companies offered to establish a link between the
transfer invoices concerning the product concerned
(3) The
definitive
findings
and
conclusions
of
the
investi
issued by Alumina d.o.o Zvornik to Kauno Tiekimas
gation are set out in Council Regulation (EU) No 464
and the resale invoices to the first independent
customer in the Union by Kauno Tiekimas.
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 298, 16.11.2010, p. 27.
( 3 ) See page 1 of this Official Journal.

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EN
14.5.2011 Official
Journal
of
the
European
Union L
125/27
(7) Both
companies
also
agreed
to
undertake
to
provide
the
since the Commission ensured that the proposed MIP is
Commission with regular and detailed information
in line with its administrative practices followed with
concerning their sales to the Union, allowing for the
respect to undertaking offers.
undertaking to be monitored effectively by the
Commission.
(9)
In view of the above, the undertaking offered by the two
companies is acceptable.
C. COMMENTS OF PARTIES AND ACCEPTANCE OF THE
UNDERTAKING
(10) In order to enable the Commission to effectively monitor
the companies’ compliance with the undertaking, when
(8) The
Union
industry
indicated
that
it
disagrees
with
the
the request for release for free circulation is presented to
acceptance of an undertaking offer, in particular with a
the relevant customs authority, exemption from the anti-
fixed MIP. It was argued that prices of zeolite A powder
dumping duty will be conditional on (i) the presentation
depend on cost of raw materials, especially caustic soda,
of an undertaking invoice containing at least the
and energy and that the market prices are expected to
elements listed in the Annex to Regulation (EU) No
rise. In this respect it is noted that available information
464; (ii) the fact that the imported goods are manu
concerning the evolution of the cost of production
factured by Alumina d.o.o. Zvornik and shipped
(which includes raw materials and energy costs)
directly by it to the first independent customer in the
confirms that the evolution was linear. The information
Union and invoiced to the first independent customer in
gathered throughout the investigation suggest that the
the Union either directly by Alumina d.o.o. Zvornik or
prices of main raw materials did not change dramatically
Kauno Tiekimas and (iii) the fact that the goods declared
with exception to the caustic soda in the mid-2009,
and presented to customs correspond precisely to the
however this trend was reversed towards the end of
description on the undertaking invoice. Where no such
2009 and prices returned to long-time average.
invoice is presented, or when it does not correspond to
Furthermore, energy is not a raw material input and
the product presented to customs, the appropriate rate of
could not be linked with a MIP. The Union industry
anti-dumping duty shall instead be payable.
disputed whether the Bosnian exporting producer and
its related company in the Union could be considered
trustworthy, account taken of their financial situation.
Nevertheless, no concrete and verifiable information
was provided to corroborate this claim. The trustwor
(11) To ensure that the undertaking is respected, importers
thiness of the aforesaid parties was also questioned
have been made aware by the Council Regulation
since it was argued that they declared on importation
mentioned above in recital 3 that the non-fulfilment of
the product concerned under various CN codes. In this
the conditions provided for by that Regulation, or the
respect, it is noted that the product concerned is
withdrawal by the Commission of the acceptance of the
currently falling within CN code ex 2842 10 00 and
undertaking, may lead to a customs debt being incurred
that the customs declaration is not carried out by the
for the relevant transactions.
companies offering the undertaking. It was also argued
that the Bosnian exporting producer may sell other
products in the Union, thus, increasing the danger of
cross compensation and that the related company in
the Union may provide compensation to its Union
(12) In the event of a breach or withdrawal of the undertaking
clients when selling the product under MIP. In this
or in case of withdrawal of acceptance of the undertaking
respect, it is noted that the Commission has not estab
by the Commission, the anti-dumping duty imposed in
lished any systemic danger of cross compensation, in
accordance with Article 9(4) of the basic Regulation shall
particular as the market and clients for zeolite A
automatically apply pursuant to Article 8(9) of the basic
powder is well defined. Indeed, the clients that
Regulation,
purchase zeolite A powder do not purchase any other
products produced by Alumina d.o.o. Zvornik since they
operate in completely different markets than the
customers of the other products. In this respect, it is
HAS ADOPTED THIS DECISION:
emphasised that all parties subject to this undertaking
offer will be closely monitored. The Union industry
also submitted that the undertaking offer was not
submitted within the time period foreseen under the
basic Regulation. In this respect, it is noted that the
Article 1
offer was indeed submitted within the time frame
period foreseen under Article 8(2) of the basic Regu
The undertaking offered by the exporting producer, together
lation. The Union industry submitted some additional
with its related importer in the Union mentioned below in
comments concerning the calculation method of the
connection with the anti-dumping proceeding concerning
MIP and the monitoring of such undertaking, which
imports of zeolite A powder originating in Bosnia and Herze
were however not considered pertinent or justified
govina is hereby accepted.

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L 125/28
EN
Official Journal of the European Union
14.5.2011
Country Company Taric
Additional
Code
Bosnia and Herzegovina Manufactured,
shipped
and
invoiced
directly
by
Alumina
d.o.o.,
B115
Zvornik, Bosnia and Herzegovina to the first independent
customer in the Union
Bosnia and Herzegovina Manufactured
and
shipped
directly
by
Alumina
d.o.o.,
Zvornik,
B116
Bosnia and Herzegovina to the first independent customer in the
Union and invoiced directly by AB Kauno Tiekimas filialas, Kaunas,
Lithuania to the first independent customer in the Union
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, 13 May 2011.
For the Commission
The President
José Manuel BARROSO

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