
Article 1 

1. A definitive anti-dumping duty is hereby imposed on imports of polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, classified under CN code 3907 60 20 and originating in Australia, the People's Republic of China and Pakistan.
2. The rate of the definitive anti-dumping duty applicable to the net free-at-Community-frontier price for products manufactured by the companies listed below shall be as follows:
Country Company Anti-dumping duty(EUR/t) TARIC additional code
Australia Leading Synthetics Pty Ltd 66 A503
Novapex Australia Pty Ltd 128 A504
All other companies 128 A999
PRC Sinopec Yizheng Chemical Fibre Company Ltd 184 A505
Changzhou Worldbest Radici Co. Ltd 0 A506
Jiangyin Xingye Plastic Co. Ltd 157 A507
Far Eastern Industries Shanghai Ltd 22 A508
Yuhua Polyester Co. Ltd. of Zhuhai 184 A509
Guangdong Kaiping Polyester Enterprises Group Co. and Guangdong Kaiping Chunhui Co. Ltd 184 A511
Yibin Wuliangye Group Push Co. Ltd (Sichuan) and Yibin Wuliangye Group Import & Export Co. Ltd (Sichuan) 184 A512
Hubei Changfeng Chemical Fibres Industry Co. Ltd 151 A513
All other companies 184 A999
Pakistan Gatron (Industries) Ltd 0 A514
Novatex Ltd 0 A515
All other companies 0 A999
3. The application of the individual duty rates specified for the 16 companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex 1. If no such invoice is presented, the duty rate applicable to all other companies shall apply.
4. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Common Customs Code the amount of anti-dumping duty, calculated on the basis of paragraph 2, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
5. Notwithstanding the provisions in paragraph 2, the definitive duty shall not apply to imports declared for release into free circulation in accordance with the provisions of Article 2.
6. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2 
Imports declared for release into free circulation by companies which offered undertakings accepted by and named in Commission Decision 2004/600/EC shall be exempt from the anti-dumping duties imposed by Article 1, provided that they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community; and provided that such imports are accompanied by a commercial invoice containing at least the elements listed in Annex 2. Exemption from the duty shall further be conditional on the goods declared and presented to customs corresponding precisely to the description on the commercial invoice.
Article 3 
Amounts secured by way of provisional anti-dumping duty pursuant to Regulation (EC) No 306/2004 on imports of polyethylene terephthalate falling within CN Code 3907 60 20 originating in Australia, the People's Republic of China and Pakistan shall be definitively collected at the rate definitively imposed by the present Regulation. The amounts secured in excess of the definitive rate of anti-dumping duties shall be released.
A correction of the provisional anti-dumping duty imposed on imports of polyethylene terephthalate falling within CN Code 3907 60 20 originating in the People's Republic of China shall apply for the following companies, since the corrected duty would have been lower than the provisional duty imposed:
Country Company Provisional anti-dumping duty as imposed by Regulation (EC) No 306/2004(EUR/t) Corrected provisional anti-dumping duty TARIC additional code
PRC Yuhua Polyester Co. Ltd of Zhuhai 188 183 A509
Guangdong Kaiping Polyester Enterprises Group Co. and Guangdong Kaiping Chunhui Co. Ltd 191 183 A511
The provisional anti-dumping duty imposed on these companies shall only be definitively collected at the rate of the corrected provisional anti-dumping duty.
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.Done at Brussels, 13 August 2004.
For the Council
The President
B. BOT
ANNEX 1

The valid commercial invoice referred to in Article 1(3) of this Regulation must include a declaration signed by an officer of the company, in the following format:

1.. the name and function of the official of the company which has issued the commercial invoice;
2.. the following declaration:
'I, the undersigned, certify that the [volume] of polyethylene terephthalate sold for export to the European Community covered by this invoice was manufactured by [company name and address] [TARIC additional code] in [country]; I declare that the information provided in this invoice is complete and correct.';
3.. Date and signature.

ANNEX 2

The following elements shall be indicated in the commercial invoice accompanying sales of the product concerned, which are subject to an undertaking and for which an exemption to the anti-dumping duty is claimed:

1.. the heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’;
2.. the name of the company referred to in Article 2, 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:

— the product code number (PCN),
— CN code,
— quantity (in tonnes);
7.. the description of the terms of the sale, including:

— price per tonne,
— the applicable payment terms,
— the applicable delivery terms,
— total discounts and rebates;
8.. the name of the company acting as an importer to which the invoice is issued directly by the company;
9.. the name of the official of the company that has issued the commercial 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 name and address], [TARIC additional code], and accepted by the European Commission through Decision 2004/600/EC. I declare that the information provided in this invoice is complete and correct.'
