
Article 1 

1. A definitive anti-dumping duty is hereby imposed on imports of polyethylene terephthalate (PET) film falling within CN codes ex 3920 62 19 (TARIC codes 3920 62 19 03, 3920 62 19 06, 3920 62 19 09, 3920 62 19 13, 3920 62 19 16, 3920 62 19 19, 3920 62 19 23, 3920 62 19 26, 3920 62 19 29, 3920 62 19 33, 3920 62 19 36, 3920 62 19 39, 3920 62 19 43, 3920 62 19 46, 3920 62 19 49, 3920 62 19 53, 3920 62 19 56, 3920 62 19 59, 3920 62 19 63, 3920 62 19 69, 3920 62 19 76 and 3920 62 19 94) and ex 3920 62 90 (TARIC codes 3920 62 90 33 and 3920 62 90 94) and originating in India and the Republic of Korea.
2. 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 Company Definitive duty (%) TARIC Additional Code
India 
Ester Industries Limited75-76, Amrit NagarBehind South Extension Part-1New Delhi 110 003India
 17,3 A026
India 
Flex Industries LimitedA-1, Sector 60Noida 201 301, (U.P.)India
 0 A027
India 
Garware Polyester LimitedGarware House50-A, Swami Nityanand MargVile Parle (East)Mumbai 400 057India
 6,8 A028
India 
Jindal Poly Films Limited56 Hanuman RoadNew Delhi 110 001India
 0 A030
India 
MTZ Polyfilms LimitedNew India Centre, 5th floor17 Co-operage RoadMumbai 400 039India
 18,0 A031
India 
Polyplex Corporation LimitedB-37, Sector-1Noida 201 301Dist. Gautam Budh NagarUttar PradeshIndia
 0 A032
India 
SRF LimitedExpress Building 9-10Bahadur Shah Zaraf MargNew Delhi 110 002India
 3,5 A753
India All other companies 17,3 A999
3. Where any party provides sufficient evidence to the Commission:
— that it did not export the goods described in Article 1(1) during the original investigation period,
— that it is not related to any exporter or producer subject to the measures imposed by this Regulation,
and
— that it has exported the goods concerned after the investigation period, or that it has entered into an irrevocable contractual obligation to export a significant quantity to the Community,the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(2) by adding that party to the list of companies subject to anti-dumping measures as appears in the table in Article 1(2).
4. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 2 
The amounts secured by way of provisional anti-dumping duties pursuant to the provisional Regulation 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 3 
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
1. The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’

2. The name of the company mentioned in Article 2(1) which issues 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 product code number (PCN),
— the technical specification of the goods including the thickness (μm), whether or not the goods have had coating/surface treatment after the process (e.g. corona, chemical, metallisation or no coating or surface treatment after the process), the mechanical properties (e.g. balanced or tensilised), clarity/opacity (e.g. clear film with haze < 2 %, hazy film with haze between 2 and 40 %, white film with haze > 40 %, coloured),
— the company product code number (CPC) (if applicable),
— CN code,
— quantity (to be given in kg).

7. 

— price per kg,
— the applicable payment terms,
— the applicable delivery terms,
— total discounts and rebates.

8. Name of the company acting as an importer to which the invoice is issued directly by the company.

9. 
'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 2001/645/EC. I declare that the information provided in this invoice is complete and correct.'
