
Article 1 

1. A definitive anti-dumping duty is hereby imposed on imports of polyethylene terephthalate with a coefficient of viscosity of 78ml/g or higher, according to DIN (Deutsche Industrienorm) 53728, falling within CN codes 3907 60 20 and ex 3907 60 80 (TARIC code 3907 60 80 10).
2. Except as provided for in paragraph 3 below, the rate of the definitive anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, shall be as follows for products originating in:
Country Anti-dumping duty(EUR/tonne) TARIC additional code
India 181,7 A999
Indonesia 187,7 A999
Malaysia 160,1 A999
Korea 148,3 A999
Taiwan 143,4 A999
Thailand 83,2 A999
3. The above rates shall not apply to the products manufactured by the companies listed below, which shall be subject to the following anti-dumping duty rates:
Country Company Anti-dumping duty(EUR/tonne) TARIC additional code
India Pearl Engineering Polymers Ltd 130,8 A182
India Reliance Industries Ltd 181,7 A181
India Elque Polyesters Ltd 200,9 A183
India Futura Polyesters Ltd 161,2 A184
India South Asian Petrochem Limited 88,9 A585
Indonesia P.T. Bakrie Kasei Corp. 187,7 A191
Indonesia P.T. Indorama Synthetics Tbk 92,1 A192
Indonesia P.T. Polypet Karyapersada 178,9 A193
Malaysia Hualon Corp. (M) Sdn. Bhd. 36,0 A186
Malaysia MpI Polyester Industries Sdn. Bhd. 160,1 A185
Republic of Korea Daehan Synthetic Fiber Co., Ltd 0 A194
Republic of Korea Honam Petrochemical Corp. 101,4 A195
Republic of Korea SK Chemicals Co., Ltd 0 A196
Republic of Korea Tongkong Corp. 148,3 A197
Republic of Korea KP Chemical Corp. 0 A577
Taiwan Far Eastern Textile Ltd 0 A188
Taiwan Tuntex Distinct Corp. 69,5 A198
Taiwan Shinkong Synthetic Fibers Corp. 24,5 A189
Taiwan Hualon Corp. 81,9 A578
Thailand Thai Shingkong Industry Corp. Ltd 83,2 A190
Thailand Indo Pet (Thailand) Ltd 83,2 A468
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 Community Customs Code, the amount of anti-dumping duty, calculated on the basis of the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
5. Notwithstanding paragraph 1, the definitive duty shall not apply to imports released for 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 

1. Imports shall be exempt from the anti-dumping duties imposed by Article 1 provided that they are produced and directly exported (i.e. invoiced and shipped) to a company acting as an importer in the Community by the companies mentioned in paragraph 3, declared under the appropriate TARIC additional code and that the conditions set out in paragraph 2 are met.
2. When the request for release for free circulation is presented, exemption from the duties shall be conditional upon presentation to the customs service of the Member State concerned of a valid ‘Undertaking Invoice’ issued by the exporting companies mentioned in paragraph 3, containing the essential elements listed in the Annex. Exemption from the duty shall further be conditional on the goods declared and presented to customs corresponding precisely to the description on the ‘Undertaking Invoice’.
3. Imports accompanied by an ‘Undertaking Invoice’ shall be declared under the following TARIC additional codes:
Company Country TARIC additional code
Reliance Industries Limited India A181
Pearl Engineering Polymers Limited India A182
Futura Polymers Limited India A184
South Asian Petrochem Limited India A585
P.T. Polypet Karyapersada Indonesia A193
Article 3 
The amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 1742/2000 on imports of certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand shall be collected at the rate of the duty definitively imposed. Amounts secured in excess of the definitive rate of anti-dumping duties shall be released. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitively collected.
Article 4 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX

Elements to be indicated in the Undertaking Invoice referred to in Article 2(2):

1.. The Undertaking Invoice number.
2.. The TARIC additional code under which the goods on the invoice may be customs-cleared at Community borders (as specified in the Regulation).
3.. The exact description of the goods, including:

— the product reporting code number (PRC) (as established in the undertaking offered by the producing exporter in question),
— CN code,
— quantity (to be given in units).
4.. The description of the terms of the sale, including:

— price per unit,
— the applicable payment terms,
— the applicable delivery terms,
— total discounts and rebates.
5.. Name of the company acting as an importer to which the invoice is issued directly by the company.
6.. The name of the official of the company that has issued the undertaking 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], and accepted by the European Commission through Decision 2000/745/EC. I declare that the information provided in this invoice is complete and correct.'
