L 135/24 Official Journal of the European Communities 23.5.2002 COMMISSION COMMISSION DECISION of 22 May 2002 accepting and withdrawing undertakings in connection with the anti-dumping proceeding concerning imports of flat pallets of wood originating in the Republic of Poland (notified under document number C(2002) 1911) (2002/380/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 (), as last amended by Regulation (EC) No 2238/2000 (3, and in par- ticular Article 8 thereof, Having regard to Council Regulation (EC) No 2334/97 of 24 November 1997 imposing a definitive anti-dumping duty on certain imports of flat pallets of wood originating in Poland (%), as last amended by Regulation (EC) No 1678/2001 (%), and in particular Article 4(1) and (2) thereof, After consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1)  The Commission, by Regulation (EC) No 1023/97 (%) (hereinafter referred to as ‘the provisional Regulation’), imposed provisional anti-dumping duties on certain imports of flat pallets of wood falling within CN code ex 441520 20 originating in the Republic of Poland and accepted undertakings offered by certain exporting producers. These undertakings concerned only one pallet type, ie. the EUR-pallet. (2)  Since sampling was used in the investigation, requests for reviews under Article 11(4) of Regulation (EC) No 384/96 could not be accepted. However, in order to ensure equal treatment for both new exporters and the cooperating companies not included in the sample during the original investigation, the provisional Regula- tion was amended. Article 2 of Commission Regulation () O] L 56, 6.3.1996, p. 1. () O] L 257, 11.10.2000, p. 2. () O] L 324, 27.11.1997, p. 1. (% O] L 227, 23.8.2001, p. 22. () O] L 150, 7.6.1997, p. 4. (EC) No 1632/97 (%) stipulated that new Polish exporting producers could have undertakings accepted with regard to exports of EUR-pallets, provided they satisfied the criteria set out therein. This was confirmed by Article 4 of Council Regulation (EC) No 2334/97, which imposed a definitive anti-dumping duty on certain imports of flat pallets of wood originating in the Republic of Poland. B. REQUEST FOR AN UNDERTAKING (3)  Following the adoption of Regulation (EC) No 2334/97, the Polish exporting producer P.P.H. ‘Astra’ Sp. z o. o., Nawojowa has requested that Article 4(2) of Regulation (EC) No 2334/97 be applied to it and has offered an undertaking with regard to EUR-pallets. The price under- taking offered is considered acceptable as it removes the injurious dumping found and meets the criteria of Article 4(2). C. WITHDRAWAL OF UNDERTAKING (4 The following six Polish exporting producers from which the Commission accepted undertakings have violated the undertaking by not complying with the minimum selling price obligation laid down in the undertaking: — P.W. ‘Intur-kfs’ Sp. z 0.0., Inowroclaw (TARIC addi- tional code 8662), — Z.P.H.U. Miroslaw Przybylek’, Klonowa (TARIC addi- tional code 8574), — Import-Export ‘Elko’ Sp. z o.0., Kalisz (TARIC addi- tional code 8532), — ‘Drewpal’ sp. j., Blizanow (TARIC additional code 8534), — D&M&D’ Sp. z 0.0, Blizanow (TARIC additional code 8566), — ‘CMC Sp. z o. o., Andrychow, Inwald (TARIC addi- tional code 8528). () O] L 225, 15.8.1997, p. 11.