L 262/50 Official Journal of the European Union 6.10.2009 COMMISSION COMMISSION DECISION of 5 October 2009 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain aluminium foil originating, inter alia, in Brazil (2009/736/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 (') (the ‘basic Regulation’), and in particular Articles 8 and 9 thereof, After consulting the Advisory Committee, Whereas: (") ) A. PROCEDURE By Regulation (EC) No 287/2009 (?), the Commission imposed provisional anti-dumping duties on imports into the Community of certain aluminium foil orig- inating in Armenia, Brazil and the People’s Republic of China (PRC). Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Community interest. The investi- gation confirmed the provisional findings of injurious dumping relating to these imports. The definitive findings and conclusions of the investi- gation are set out in Council Regulation of 24 September 2009 (EC) No 925/2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain L 56, 6.3.1996, p. 1. L 94, 8.4.2009, p. 17. aluminium foil originating in Armenia, Brazil and the People’s Republic of China (%). B. UNDERTAKING Subsequent to the adoption of provisional anti-dumping measures, the sole cooperating exporting producer in Brazil, Companhia Brasileira de Aluminio (CBA), offered a price undertaking in accordance with Article 8(1) of the basic Regulation. In this undertaking offer, CBA offered to sell the product concerned at or above price levels which eliminate the injurious effects of dumping found during the investigation. CBA offered one minimum import price (MIP) for all different product types in order to limit the risk of circumvention. The offer also provided for the indexation of the MIP, given that the price of the product concerned is directly linked to the price of the main raw material, primary aluminium, which is a world traded commodity with a published reference price on the London Metal Exchange (LME). The MIP offer from the company was based on the non- injurious price calculated for the investigation period on the basis of the sales prices of the Community industry. CBA’s undertaking offer also contained the provision that all sales would be made from CBA directly to the first independent customer in the Community and that CBA would undertake not to sell products other than those covered by the undertaking to customers purchasing products covered by the undertaking. CBA also agreed to undertake to provide the Commission with regular and detailed information concerning their exports to the Community, allowing for the undertaking to be monitored effectively by the Commission. () See page 1 of this Official Journal.