
Article 1 
A definitive anti-dumping duty is hereby imposed on imports of certain seamless pipes and tubes of iron or steel, of circular cross-section, of an external diameter not exceeding 406,4 mm with a Carbon Equivalent Value (CEV) not exceeding 0,86 according to the International Institute of Welding (IIW) formula and chemical analysis falling within CN codes ex 7304 10 10, ex 7304 10 30, ex 7304 21 00, ex 7304 29 11, ex 7304 31 80, ex 7304 39 58, ex 7304 39 92, ex 7304 39 93, ex 7304 51 89, ex 7304 59 92 and ex 7304 59 93 (TARIC codes 7304 10 10 20, 7304 10 30 20, 7304 21 00 20, 7304 29 11 20, 7304 31 80 30, 7304 39 58 30, 7304 39 92 30, 7304 39 93 20, 7304 51 89 30, 7304 59 92 30 and 7304 59 93 20) and originating in Croatia, Romania, Russia and Ukraine.
The rate of the definitive anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, of the products described above and manufactured by the companies below shall be as follows:
Country Company Anti-dumping duty TARIC Additional code
Croatia All companies 29,8 % 
Romania S.C. T.M.K. — Artrom S.A. 17,8 % A738
S.C. Mittal Steel Roman S.A. 17,7 % A739
S.C. Silcotub S.A. 11,7 % A740
All other companies 17,8 % A999
Russia Joint Stock Company Chelyabinsk Tube Rolling Plant and Joint Stock Company Pervouralsky Novotrubny Works 24,1 % A741
OAO Volzhsky Pipe Plant, OAO Taganrog Metallurgical Works, OAO Sinarsky Pipe Plant and OAO Seversky Tube Works 27,2 % A859
All other companies 35,8 % A999
Ukraine OJSC Dnepropetrovsk Tube Works 12,3 % A742
CJSC Nikopolsky Seamless Tubes Plant Niko Tube and OJSC Nizhnedneprovsky Tube Rolling Plant 25,1 % A743
CJSC Nikopol Steel Pipe Plant Yutist 25,7 % A744
All other companies 25,7 % A999
Notwithstanding the first subparagraph, the definitive anti-dumping duty shall not apply to imports released for free circulation in accordance with Article 2.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2 

1. Imports declared for release into free circulation which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in the Commission Decision 2006/441/EC of 23 June 2006, as from time to time amended, shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:
— they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community, and
— such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in the Annex of this Regulation, and
— the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.
2. A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:
— whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph are not fulfilled, or
— when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of the basic Regulation in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.
Article 3 
Regulation (EC) No 2320/97 and Regulation (EC) No 348/2000 are hereby repealed.
Article 4 
The interim reviews of the anti-dumping duties on imports of SPT of iron or non-alloy steel originating, inter alia, in Russia and Romania and in Croatia and Ukraine, initiated in March 2005, are hereby terminated.
The interim and expiry reviews, initiated in November 2002 and confirmed by recital (20) of Regulation (EC) No 1322/2004 to be ongoing, are hereby terminated.
Article 5 
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.
ANNEX

The following elements shall be indicated in the commercial invoice accompanying the company's sales of certain seamless pipes and tubes, of iron or steel, to the Community which are subject to an undertaking:

1.. The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.
2.. The name of the company mentioned in Article 1 of the Commission Decision 2006/441/EC accepting the undertaking 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:

— Product code number (PCN) used for the purposes of the investigation and the undertaking (e.g. PCN 1, PCN 2, etc),
— plain language description of the goods corresponding to the PCN concerned,
— company product code (CPC) (if applicable),
— CN code,
— quantity (to be given in metric tonnes).
7.. The description of the terms of the sale, including:

— price per metric tonne,
— the applicable payment terms,
— the applicable delivery terms,
— total discounts and rebates.
8.. Name of the company acting as an importer in the Community to which the commercial invoice accompanying goods subject to an undertaking is issued directly by the company.
9.. The name of the official of the company that has issued the 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 Commission through its Decision 2006/441/EC, I declare that the information provided in this invoice is complete and correct.'
