Legal provisions of COM(2006)470 - Definitive anti-dumping duty on imports of certain plastic sacks and bags from China and Thailand, and terminating the proceeding on imports of certain plastic sacks and bags from Malaysia

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Article 1

1. Definitive anti-dumping duties are hereby imposed on imports of plastic sacks and bags, containing at least 20 % by weight of polyethylene and of a thickness not exceeding 100 micrometers; originating in the People’s Republic of China and Thailand; and falling within CN codes ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90 (TARIC codes 3923210020, 3923291020 and 3923299020).

2. The rate of the definitive duty applicable to the net, free-at-Community-frontier price, before duty, for products manufactured by the companies listed below shall be as follows:

CountryCompanyAD duty rate (%)TARIC Additional code
The People’s Republic of ChinaCedo (Shanghai) Ltd and Cedo (Shanghai) Household Wrappings Co. Ltd, Shanghai7,4A757
Jinguan (Longhai) Plastics Packing Co., Ltd, Longhai5,1A758
Sunway Kordis (Shanghai) Ltd and Shanghai Sunway Polysell Ltd, Shanghai4,8A760
Suzhou Guoxin Group Co., Ltd, Suzhou Guoxin Group Taicang Yihe Import & Export Co., Ltd, Taicang Dongyuan Plastic Co., Ltd and Suzhou Guoxin Group Taicang Giant Packaging Co., Ltd, Taicang7,8A761
Wuxi Jiayihe Packaging Co., Ltd and Wuxi Bestpac Packaging Co., Ltd, Wuxi12,8A763
Zhong Shan Qi Yu Plastic Products Co Ltd, Zhongshan5,7A764
Huizhou Jun Yang Plastics Co,. Ltd, Huizhou4,8A765
Companies listed in Annex I8,4A766
All other companies28,8A999
ThailandKing Pac Industrial Co., Ltd, Chonburi and Dpac Industrial Co., Ltd, Bangkok14,3A767
Multibax Public Co., Ltd, Chonburi5,1A768
Naraipak Co Ltd and Narai Packaging (Thailand) Ltd, Bangkok10,4A769
Sahachit Watana Plastic Industry Co., Ltd, Bangkok6,8A770
Thai Plastic Bags Industries Co., Ltd, Nakonpathom5,8A771
Companies listed in Annex II7,9A772
All other companies14,3A999

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

Article 2 - Where any new exporting producer in the PRC or Thailand provides sufficient evidence to the Commission that

it did not export to the Community the products described in Article 1(1) during the investigation period (1 April 2004 to 31 March 2005),

it is not related to any of the exporters or producers in the PRC or Thailand which are subject to the anti-dumping measures imposed by this Regulation, and

it has actually exported to the Community the products concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community,

then the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(3) by adding that new exporting producer to the lists in Annexes I or II.

Article 3

The proceeding concerning imports of certain plastic sacks and bags originating in Malaysia is hereby terminated.

Article 4

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

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