Legal provisions of COM(2010)202 - Definitive anti-dumping duty on imports of silicon from China, as extended to imports of silicon consigned from Korea, whether declared as from Korea or not, following an expiry review pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009

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Article 1

1. A definitive anti-dumping duty is hereby imposed on imports of silicon, currently falling within CN code 2804 69 00, originating in the People’s Republic of China.

2. The rate of the definitive anti-dumping duty applicable to the net, free-at-Union frontier price, before duty, for the product described in paragraph 1 and manufactured by the companies listed below, shall be as follows:

CompanyDuty rateTARIC additional code
Datong Jinneng Industrial Silicon Co., Pingwang Industry Garden, Datong, Shanxi16,3 %A971
All other companies19 %A999

3. The extension of the definitive anti-dumping duty applicable to imports from ‘all other companies’ in the People’s Republic of China (i.e. 19 %) to imports of the product described in paragraph 1 consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, is hereby maintained (TARIC code 2804690010).

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

Article 2

1. Requests for exemption from the extended duty, mentioned in Article 1(3), shall be made in writing in one of the official languages of the Union and must be signed by a person authorised to represent the applicant.

2. The request must be sent to the following address:

European Commission
Directorate-General for Trade
Directorate B
Office: N-105 04/17
1049 Bruxelles/Brussel
BELGIQUE/BELGIË
Fax +32 22956505

3. In accordance with Article 13(4) of Regulation (EC) No 1225/2009, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies, which do not circumvent the anti-dumping measures imposed by the current regulation, from the extended duty mentioned in Article 1(3).

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union and shall be in force for a period of 5 years.

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