Legal provisions of COM(2013)70 - Definitive anti-dumping duty on imports of certain aluminium foils in rolls from China

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dossier COM(2013)70 - Definitive anti-dumping duty on imports of certain aluminium foils in rolls from China.
document COM(2013)70 EN
date March 11, 2013

Contents

Article 1

1. A definitive anti-dumping duty is hereby imposed on imports of aluminium foil of a thickness of 0,007 mm or more but less than 0,021 mm, not backed, not further worked than rolled but whether or not embossed, in low weight rolls of a weight not exceeding 10 kg, currently falling within CN codes ex 7607 11 11 and ex 7607 19 10 (TARIC codes 7607111110 and 7607191010) and 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, of the product described in paragraph 1 and manufactured by the companies listed below, shall be as follows:

CompanyDutyTARIC additional code
CeDo (Shanghai) Ltd, Shanghai14,2 %B299
Ningbo Favored Commodity Co. Ltd, Yuyao City14,6 %B301
Ningbo Times Aluminium Foil Technology Co. Ltd, Ningbo15,6 %B300
Able Packaging Co., Ltd, Shanghai14,6 %B302
Guangzhou Chuanlong Aluminium Foil Product Co. Ltd, Guangzhou14,6 %B303
Ningbo Ashburn Aluminium Foil Products Co. Ltd, Yuyao City14,6 %B304
Shanghai Blue Diamond Aluminium Foil Manufacturing Co. Ltd, Shanghai14,6 %B305
Weifang Quanxin Aluminum Foil Co. Ltd, Linqu14,6 %B306
Zhengzhou Zhuoshi Tech Co. Ltd, Zhengzhou City14,6 %B307
Zhuozhou Haoyuan Foil Industry Co. Ltd, Zhouzhou City14,6 %B308
Zibo Hengzhou Aluminium Plastic Packing Material Co., Ltd, Zibo14,6 %B309
Yuyao Caelurn Aluminium Foil Products Co. Ltd, Yuyao14,6 %B310
All other companies35,6 %B999

3. The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to this Regulation. If no such invoice is presented, the duty applicable to ‘all other companies’ shall apply.

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

Article 2

The amounts secured by way of provisional anti-dumping duty pursuant to Regulation (EU) No 833/2012 shall be definitively collected. The amounts secured in excess of the amount of the definitive anti-dumping duties shall be released.

Article 3

Where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that:

—it did not export to the Union the product described in Article 1(1) during the investigation period (1 October 2010 to 30 September 2011),

—it is not related to any of the exporters or producers in the People’s Republic of China which are subject to the measures imposed by this Regulation,

—it has actually exported to the Union the product 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 Union,

the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(2) by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 14,6 %.

Article 4

This Regulation shall enter into force on the day following that of 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.