12.6.2008 Official Journal of the European Union L 153[37 COMMISSION COMMISSION DECISION of 11 June 2008 amending Decision 2006/109/EC accepting an undertaking offered in connection with the anti- dumping proceeding concerning imports of certain castings originating in the People’s Republic of China (2008/437EC) 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 (%), and in particular Article 8 thereof, After consulting the Advisory Committee, Whereas: A. EXISTING MEASURES (1)  In July 2005, the Council, by Regulation (EC) No 1212/2005 (3), imposed a definitive anti-dumping duty (6) on imports of certain castings originating in the People’s Republic of China (the PRC). (2)  The Commission, by Decision 2006/109/EC (*), accepted a price undertaking from, inter alia, the Benito Group, including Fundicié6 Ductil Benito, S.L. (Spain), Benito France, S.AR.L, Zibo Benito Metalwork Co. Ltd, Benito (Tianjin) Metals Products Co. Ltd, and Qingdao Benito Metals Products Co. Ltd (Benito Group or the companies). 7) (3)  The companies from which the undertaking was accepted have a joint and several liability for any infringement of () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). (®» OJ L 199, 29.7.2005, p. 1. Regulation as last amended by Regu- lation (EC) No 426/2008 (O] L 129, 17.5.2008, p. 1). () O] L 47, 17.2.2006, p. 59. the undertaking. This means that if one of the members of the Benito Group breaches the undertaking, it should be withdrawn for all members of the group. B. BREACHES OF THE UNDERTAKING 1. Obligations of the companies under the undertaking The undertaking offered by the companies obliges them to, inter alia, resell the product covered to the first inde- pendent customer in the European Community above a certain minimum re-sale price (MRP) as stated in the undertaking, as well as in the side letter attached to it. In section 3.1 of the undertaking the companies undertook to ensure that the product concerned, after any direct or deferred discounts or rebates, credits or other benefits granted, whether directly or indirectly linked to a sale, on a CIF price level, is not sold below the MRP. In section 3.10 of the undertaking, the companies undertook to calculate the MRP on ‘cash’ or equivalent payment terms, ie. with zero credit granted to the customer. In accordance with the same section of the undertaking if the payment terms (specified on the Commercial Invoice or on the re-sale invoice, or as otherwise contractually agreed) differ from ‘cash’ or equivalent payment terms, then the price to be compared with the MRP should be reduced by 1 % for each additional month of credit granted on a pro-rata basis. The terms of the undertaking also obliged the companies to provide the Commission with regular and detailed information, in the form of a quarterly report of its sales and re-sales of the product concerned to the European Community. Such reports should include the re-sale transactions of the products covered by the under- taking purchased from the related companies in the PRC, as well as those re-sale transactions of the product covered where the purchases were made from any other Chinese companies.