Price Undertakings

Duration and Review of Anti Dumping Duties and Price Undertakings

11.5 The provisions of this Article shall apply mutatis mutandis to price undertakings accepted under Article 8.

18.5 Price undertakings may be suggested by the authorities of the importing Member, but no exporter shall be forced to enter into such undertakings.

19 The word "may" shall not be interpreted to allow the simultaneous continuation of proceedings with the implementation of price undertakings except as provided in paragraph 4.

In such a case, if a negative determination of dumping or injury is made, the undertaking shall automatically lapse, except in cases where such a determination is due in large part to the existence of a price undertaking.

8.2 Price undertakings shall not be sought or accepted from exporters unless the authorities of the importing Member have made a preliminary affirmative determination of dumping and injury caused by such dumping.

12.2.2 A public notice of conclusion or suspension of an investigation in the case of an affirmative determination providing for the imposition of a definitive duty or the acceptance of a price undertaking shall contain, or otherwise make available through a separate report, all relevant information on the matters of fact and law and reasons which have led to the imposition of final measures or the acceptance of a price undertaking, due regard being paid to the requirement for the protection of confidential information.

8.3 Undertakings offered need not be accepted if the authorities consider their acceptance impractical, for example, if the number of actual or potential exporters is too great, or for other reasons, including reasons of general policy.

9.2 When an anti dumping duty is imposed in respect of any product, such anti dumping duty shall be collected in the appropriate amounts in each case, on a non discriminatory basis on imports of such product from all sources found to be dumped and causing injury, except as to imports from those sources from which price undertakings under the terms of this Agreement have been accepted.

17.4 If the Member that requested consultations considers that the consultations pursuant to paragraph 3 have failed to achieve a mutually agreed solution, and if final action has been taken by the administering authorities of the importing Member to levy definitive anti dumping duties or to accept price undertakings, it may refer the matter to the Dispute Settlement Body ("DSB").

This price undertaking was accepted in the provisional Regulation.

The Pakistani exporting producers have presented a proposal for a price undertaking.

The large number of exporters would also render the monitoring of a price undertaking impracticable.

Under these circumstances, it was considered that a price undertaking was impracticable and could not be accepted,

It was also found that the proposed categories of the product concerned in respect of which an undertaking was offered were inappropriate since there would be a significant price variation within each of them.

In order to ensure a better enforcement of measures, it is necessary to provide, in a new paragraph of Article 14 of the Basic Anti-dumping Regulation, for the possibility for the Commission to request Member States to supply, subject to the respect of confidentiality rules contained in the Basic Regulations, information to be used for monitoring price undertakings and verifying the level of effectiveness of the measures in force.

first, a price undertaking up to an annual volume threshold exempt from the duty, and then an ad valorem duty for the remainder.

PROPOSALS FOR UNDERTAKINGS

Finally, the Community industry claimed that any price undertaking should stipulate both an ex-works and a cif frontier level in order for all normal costs between ex- works and cif frontier to be accounted for.

(77) One Chinese exporter has offered a price undertaking.

In those cases in which a price undertaking has been accepted, the Commission and the companies concerned have agreed equivalent reductions in those price undertakings or, as the case may be, they have agreed that the obligation to observe a minimum price will not apply when the safeguard duty is payable.

The applicant made the Commission a formal offer of price undertaking.

In light of the above, these offers of price undertakings were rejected.

The Belarussian, Russian and Ukrainian exporters offered to propose a price undertaking.

Therefore, the Commission services had to reject the received proposals for undertakings,

For those companies which have offered acceptable price undertakings, the definitive measures take the form of undertakings.

Following the disclosure of the provisional findings, one exporting producer expressed an interest in offering price undertakings.

Furthermore in the case of India and South Africa the exporting producers submitted revised offers of price undertakings,

It is recalled that one exporting producer in Slovakia has offered a price undertaking in accordance with Article 8(1) of the basic Regulation.

the product concerned is a commodity product with a considerable volatility in prices even in the very short term, and therefore not very suitable for a fixed price undertaking,

The company, Futura Polymers Ltd, offered a price undertaking concerning its exports of the product concerned to the Community, in accordance with Article 8(1) of the Basic Regulation.

In parallel, the Commission accepted, inter alia, a price undertaking from the Polish exporting producer Drumet (Drumet) under Article 2(1) of the said Regulation.

Subsequent to the imposition of provisional measures, the sole cooperating exporting producer in India offered a price undertaking in accordance with Article 13(1) of the basic Regulation.

Subsequent to the imposition of provisional countervailing duties, two exporting producers in India offered a price undertaking in accordance with Article 13(1) of the basic Regulation.

Following the disclosure of the provisional findings, exporting producers in Russia and Thailand offered price undertakings in accordance with Article 8(1) of the basic Regulation.

Finally, it should be noted that the Commission services also received proposals for price undertakings from five Indian exporting companies.

Subsequent to the imposition of provisional antidumping measures, one exporting producer in the Czech Republic offered a price undertaking in accordance with Article 8(1) of the basic Regulation.

Subsequent to the imposition of provisional anti-dumping measures, a number of exporting producers in India offered price undertakings in accordance with Article 8(1) of the basic Regulation.

Furthermore, the sales structure of this exporting producer is such that the Commission considers that the risk of circumventing the agreed undertaking is limited.

Subsequent to the imposition of provisional anti-dumping measures, exporting producers in India and Indonesia offered price undertakings in accordance with Article 8(1) of the basic Regulation.

Subsequent to the imposition of provisional measures, the sole cooperating exporting producer in India of the product concerned offered a price undertaking in accordance with Article 8(1) of the basic Regulation.

Furthermore, the Commission accepted a price undertaking from, inter alia, the Ukrainian exporting producer Joint Stock Company Silur (Silur) by Commission Decision 1999/572/EC ( fn ).

(44) It should be mentioned that the anti-dumping measures presently in force in respect of Hungary, Poland and the Republic of Croatia are undertakings, combining quantitative ceilings and certain pricing commitments, with residual ad valorem duties.

The company will also provide the Commission with regular and detailed information concerning its exports to the Community, meaning that the undertaking can be monitored effectively by the Commission.

(93) Subsequent to the imposition of provisional measures, and after disclosure of the definitive findings, one exporting producer in Russia offered a price undertaking in accordance with Article 8(1) of the basic Regulation.

The Commission accepted, inter alia, a price undertaking from the Ukrainian exporting producer Joint Stock Company Silur (`Silur` ) pursuant to Article 1(1) of Commission Decision 1999/572/EC ( fn ).

as concerns India (Usha Martin Industries & Usha Beltron Ltd), Mexico, South Africa and the Ukraine, the exporting producers concerned offered price undertakings which are considered acceptable.

first, a price undertaking up to an annual volume threshold exempted from anti-dumping duty, and then an ad valorem anti-dumping duty levied on any imports above this threshold.

By this undertaking, the applicant accepted, in order to avoid cross-compensation via exports of other fertilisers, to respect a pricing discipline and to report exports to the Community for its other two fertilisers, i.e. the ammonium nitrate and UAN as well.