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Breach of undertaking

Where the Commission is of opinion that there has been a breach of an undertaking given to prevent dumping and it is in the interests of the EC, after consulting the Advisory Committee and giving the challenged party a hearing, the Commission may straight away impose provisional anti-dumping or countervailing duties using the information to hand when the undertaking was accepted.176 Undertakings, once given, may be subject to review.177 Following the review, the undertakings may be amended, repealed or annulled. In Koyo Seiko Co Ltd v Council,178 the court held that a review of the undertakings accepted under Article 14 of Regulation 3017/79179 could commence on the motion of the Commission. The review need not be initiated by a complaint and the review and subsequent investigation could include matters outside the original complaint.