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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Unionnote (‘the basic Regulation’), and in particular Article 12 thereof,Whereas:
HAS ADOPTED THIS REGULATION:
Article 1#
Implementing Regulation (EU) 2021/2011 is amended as follows:
(1)Article 1(2) is replaced by the following:‘2.The rates 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 produced by the companies listed below shall be as follows:CompanyDefinitive anti-dumping dutyTARIC additional codeFTT Group:
FiberHome Telecommunication Technologies Co., Ltd.
Nanjing Wasin Fujikura Optical Communication Ltd.
Hubei Fiberhome Boxin Electronic Co., Ltd
Jiangsu Zhongtian Technology Co., Ltd.
Zhongtian Power Optical Cable Co., Ltd.
88,0 %C696ZTT Group:39,4 %C697Other companies cooperating in both anti-subsidy and anti-dumping investigation listed in the Annex I of Implementing Regulation (EU) 2022/7262,4 %See Annex IOther companies cooperating in anti-dumping investigation but not in anti-subsidy investigation listed in the Annex II of Implementing Regulation (EU) 2022/7262,4 %See Annex IIAll other companies88,0 %C999’
(2)Article 2 is replaced by the following:‘Article 2Where a new exporting producer from the People’s Republic of China provides sufficient evidence to the Commission, the Annex of Implementing Regulation (EU) 2021/2011 may be amended by adding that new exporting producer to the list of cooperating companies not included in the sample and thus subject to the appropriate weighted average anti-dumping duty rate, namely 62,4 %. A new exporting producer shall provide evidence that:
(a)it did not export the goods described in Article 1(1) of Implementing Regulation (EU) 2021/2011 originating in the People’s Republic of China during the period of investigation (1 July 2019–30 June 2020);
(b)it is not related to an exporter or producer subject to the measures imposed by this Regulation; and
(c)it has either actually exported the goods described in Article 1(1) originating in the People’s Republic of China or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.’
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