8.9.2012 Official Journal of the European Union L 244/27 COMMISSION DECISION of 7 September 2012 amending Decision 2008/899/EC accepting the undertakings offered in connection with the anti- dumping proceeding concerning imports of citric acid originating in the People’s Republic of China (2012/501/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 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. EXISTING MEASURES (1) The Council, by Regulation (EC) No 1193/2008 (3), imposed definitive anti-dumping duties on imports into the Union of citric acid originating in the People’s Republic of China (‘the product concerned’). (2)  The Commission, by Decision 2008/899/EC (}) (the Decision’), accepted a price undertaking (the undertak- ing), inter alia, from Laiwu Taihe Biochemistry Co. Ltd (Laiwu Taihe’) together with the China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC). (3)  The undertaking accepted from Laiwu Taihe, the sole company which was accorded market economy treatment (MET), set the minimum import price (MIP) for the product covered on the basis of the normal value established during the investigation. In addition, the undertaking provided for the indexation of the MIP in accordance with public international quotations of corn, the main raw material used by the exporting producer. (4)  The company also undertook to report and to respect a certain price regime for all non-Union sales to those customers whose organisation or structure extends beyond the Union, should Laiwu Taihe sell to these customers in the Union. (5)  Furthermore, Laiwu Taihe also agreed to provide the Commission with regular and detailed information OJ L 343, 22.12.2009, p. 51. OJ L 323, 3.12.2008, p. 1. OJ L 323, 3.12.2008, p. 62. (10) (11) concerning its exports to the Union as one of the means by which the undertaking can be monitored effectively by the Commission. When accepting the undertaking, the Commission considered the risk of cross-compensation as limited. B. CHANGED CIRCUMSTANCES In autumn 2011, Laiwu Taihe informed the Commission of its intention to start the production of additional types of the product concerned which are not covered by the undertaking and sell them on the Union market subject to anti-dumping duties. The Commission analysed the implications of this new pattern in trade and considered that there is a high risk of cross-compensation if the product covered and the additional types of the product concerned not covered by the undertaking are sold to the same customers. In addition, the Commission also learnt about a potential trading company, located at the same premises as Laiwu Taihe without being subject to reporting obligations, and considered it as a further difficulty in the effective moni- toring of the undertaking. The Commission informed Laiwu Taihe accordingly and announced that it would be inclined to consider the withdrawal of the under- taking. Subsequently, Laiwu Taihe offered to sell these additional types of the product concerned respecting the MIP of the product type covered by the undertaking. It also proposed to sell these product types directly to the Union and to extend the reporting obligations to these sales. The Commission considers that these commitments cannot alter its initial assessment for the following reasons. Firstly, setting a price discipline for the types of the product concerned that the company did not produce during the original investigation period would mean a revision of the scope of the product covered by the undertaking, which should be subject to an interim review to reset the MIP. Otherwise, the high risk of cross- compensation in relation to the product type covered by the undertaking and the other types of the product concerned, when sold to the same customers, would persist. Secondly, the sales to other traders and the increased amount of information to be received under the expanded reporting obligations resulting from the sales of the additional types of the product concerned would render the monitoring of the undertaking very burdensome.