Legal provisions of COM(2002)433 - Definitive anti-dumping duty on imports of colour television receivers from China, Korea, Malaysia and Thailand and terminating the proceeding regarding imports of colour television receivers from Singapore

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dossier COM(2002)433 - Definitive anti-dumping duty on imports of colour television receivers from China, Korea, Malaysia and Thailand and ...
document COM(2002)433 EN
date August 14, 2002


Contents

Article 1

1. A definitive anti-dumping duty is hereby imposed on imports of colour television receivers with a diagonal screen size of more than 15,5 cm, whether or not combined in the same housing with a radio broadcast receiver and/or clock, other than those incorporating a modem and a computer operating system (CTVs) and falling within CN codes ex 8528 12 52 (TARIC code: 8528 12 52*11 ), ex 8528 12 54, ex 8528 12 56, ex 8528 12 58, ex 8528 12 62 (TARIC code: 8528 12 54*10, 8528 12 56*10, 8528 12 58*10, 8528 12 62*11 and 8528 12 62*92 ) and ex 8528 12 66 (TARIC code: 8528 12 66*10 ), and originating in Malaysia, Thailand, the People's Republic of China and the Republic of Korea.

2. The rate of the duty applicable to the net, free-at-Community-frontier price, before duty, shall be as follows:

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with the exception of imports which are manufactured by the following companies, which shall be subject to the following rate of the duty:

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3. Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

1. Upon presentation of the customs declaration for release into free circulation to the Member State's customs authority, the importer shall declare the origin of the cathode ray tube incorporated in the CTV. In cases where the cathode ray tube originates in Malaysia, Thailand, the People's Republic of China or the Republic of Korea and the CTV originates in a country other than the country of origin of the cathode ray tube, the importer shall also submit a declaration of origin issued by the final producer of the CTV in conformity with the requirements in Annex III.

2. Should a subsequent investigation by the customs authority of a Member State or the Commission of the European Communities reveal that any declaration of origin in the customs declaration for release into free circulation in the Community was incorrect or if a party involved in the determination of origin refuses access to or otherwise does not provide the information or documentation necessary for the determination of the non-preferential origin of the CTV, its origin may be determined by the competent authorities on the basis of the best facts available. Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of facts available. Interested parties should be made aware of the consequences of non-cooperation.

3. Where the information submitted by an interested party in the context of this Article is not ideal in all respects it should nevertheless not be disregarded, provided that any deficiencies are not such as to cause undue difficulty in arriving at a reasonably accurate finding and that the information is appropriately submitted in good time and is verifiable, and that the party has acted to the best of its ability.

4. If evidence or information is not accepted, the supplying party shall be informed forthwith of the reasons therefor and shall be granted an opportunity to provide further explanations within the time limit specified. If the explanations are considered unsatisfactory, the reasons for rejection of such evidence or information shall be disclosed to the parties concerned prior to any final decision being taken. The final decision shall also contain a statement of reasons.

5. If a determination of origin is based on the facts available, it shall, where practicable and with due regard to the time limits of the investigation, be checked by reference to information from other independent sources which may be available or information obtained from other interested parties during the investigation.

6. If an interested party does not cooperate, or cooperates only partially, so that relevant information is thereby withheld, the result may be less favourable to the party than if it had cooperated.

Article 3

1. Imports under one of the following TARIC additional codes which are produced and directly exported (i.e. shipped and invoiced) by a company named below to a company in the Community acting as an importer shall be exempted from the anti-dumping duty imposed by Article 1 provided that they are imported in conformity with paragraph 2.

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2. Imports mentioned in paragraph 1 shall be exempted from the duty on condition that:

(a) a commercial invoice containing at least the elements listed in the Annex I, as well as a certificate issued by the China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME) containing at least the elements listed in the Annex II are presented to Member States customs authorities upon presentation of the declaration for release into free circulation; and

(b) the goods declared and presented to customs correspond precisely to the description on the commercial invoice and the certificate.

Article 4

The proceeding regarding imports of the product described in Article 1(1) and originating in Singapore is hereby terminated.

Article 5

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.


This Regulation shall be binding in its entirety and directly applicable in all Member States.