L 211/20 Official Journal of the European Union 13.8.2005 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 18 July 2005 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of polyester staple fibre originating, inter alia, in Saudi Arabia (2005/613[EC) THE COMMISSION OF THE EUROPEAN COMMUNIITES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 38496 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 The Council, by Regulation (EC) No 428/2005 (3) (the definitive Regulation), imposed definitive anti-dumping duties on imports of polyester staple fibre (PSF) origi- nating in the People’s Republic of China and Saudi Arabia, amended the definitive anti-dumping duties in force on such imports originating in South Korea and terminated the anti-dumping proceeding in respect to such imports originating in Taiwan. Following disclosure of definitive findings, Saudi Basic Industries Corporation (Sabic) presented to the Com- mission services, within the deadlines stipulated, an () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). ) OJ L 71, 17.3.2005, p. 1. (4) () offer for price undertaking as well as a revised offer thereon, on its behalf and of all related companies, including the related producer of the product concerned Arabian Industrial Fibres Company (Ibn Rushd). This undertaking offer was not accepted due to the reasons set out in recital 292 of the definitive Regu- lation. In particular, the minimum prices originally offered by Sabic did not eliminate the injurious effect of dumping. In addition, the sales structure of this company in the Community was such that it did not allow an effective monitoring of the undertaking. Subsequent meetings between Sabic’s representatives and the Commission services then resulted in substantial revisions to the undertaking offer that overcame the above problems. The revised offer not only eliminated the injurious effect of dumping but also limited to a satisfactory degree the risk of circumvention in the form of cross-compensation with other products. In addition, the company amended its channels of sale in the Community to the extent that it was considered possible for the Commission to effectively monitor the undertaking. The final acceptable offer of a price undertaking was made by Sabic prior to the publication of the definitive findings, but at such a late stage in the proceeding that it was administratively impossible to include its acceptance in the definitive Regulation. The Community industry was informed of this revised offer and maintained that acceptance of a price under- taking would allow such imports to continue to cause serious injury to European producers, due to the cyclical nature of polyester staple fibre pricing.