2007/424/EC: Commission Decision of 18 June 2007 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain prepared or preserved sweet corn in kernels originating in Thailand

Published date20 June 2007
Subject MatterCommercial policy,Dumping
Official Gazette PublicationOfficial Journal of the European Union, L 159, 20 June 2007
L_2007159EN.01004201.xml
20.6.2007 EN Official Journal of the European Union L 159/42

COMMISSION DECISION

of 18 June 2007

accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain prepared or preserved sweet corn in kernels originating in Thailand

(2007/424/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Articles 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURE

(1) By Regulation (EC) No 1888/2006 (2), the Commission imposed provisional anti-dumping duties on imports into the Community of certain prepared or preserved sweet corn in kernels originating in Thailand.
(2) Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury, causation and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 682/2007 (3) imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved sweet corn in kernels originating in Thailand.
(3) The investigation confirmed the provisional findings of injurious dumping relating to imports of certain prepared or preserved sweet corn in kernels originating in Thailand.

B. UNDERTAKING

(4) Subsequent to the adoption of provisional anti-dumping measures, two cooperating exporting producers in Thailand offered price undertakings in accordance with Article 8(1) of the basic Regulation.
(5) In these undertakings the exporting producers have offered to sell the product concerned, as defined in Regulation (EC) No 682/2007, within a quantitative ceiling, at or above price levels which eliminate the injurious effect of dumping. The number of product types covered by the undertakings is limited to the ones which were exported by each exporting producer concerned in representative quantities during the investigation period. A different minimum import price for each product type covered by the undertaking was offered, given that there was a significant price variation among the different product types during the investigation period.
(6) The exporting producers offered to limit exports to the Community under the undertakings to a certain quantitative ceiling as during the investigation period they not only sold the product concerned produced by them but also the product concerned produced by other producers. The quantitative ceiling for each exporting producer was established at a level corresponding to the quantity exported to the Community of the own produced product concerned during the investigation period. Imports of the product
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