Commission Implementing Regulation (EU) 2023/934

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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 Union^note, and in particular Article 11(2) and Article 11(3) thereof,Whereas:

HAS ADOPTED THIS REGULATION:

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1.A definitive anti-dumping duty is imposed on imports of high tenacity yarn of polyesters not put up for retail sale, including monofilament of less than 67 decitex, (excluding sewing thread and ‘Z’-twisted multiple (folded) or cabled yarn, intended for the production of sewing thread, ready for dyeing and for receiving a finishing treatment, loosely wound on a plastic perforated tube), currently falling under CN Code ex54022000 (TARIC code 5402200010) and originating in the People’s Republic of China.

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:Company | Definitive anti-dumping duty (%) | TARIC additional codeHuzhou Unifull Industrial Fibre Co., Ltd.Zhejiang Unifull Industrial Fibre Co., Ltd.Zhejiang Unifull Hi-Tech Industry Co., Ltd. | 23,7 | 899EZhejiang Guxiandao Polyester Dope Dyed Yarn Co., Ltd. | 9,7 | 899FOther cooperating companies listed in Annex | 17,2 | A977All other companies (except Zhejiang Hailide New Material Co. Ltd. – TARIC additional code A976) | 23,7 | A999

3.The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product under review) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in [country concerned]. I declare that the information provided in this invoice is complete and correct.’ 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.

5.Where any party from the People’s Republic of China provides sufficient evidence to the Commission that:

(a)it did not export the goods described in paragraph 1 originating in the People’s Republic of China during the review investigation period (1 January 2021 – 31 December 2021);

(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 paragraph 1 or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the review investigation period;the Commission may amend Annex in order to attribute to that party the duty applicable to cooperating producers not included in the sample, i.e. 17,2 %.

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

Chinese cooperating exporting producers not sampled (TARIC Additional Code A977):

Company Name	City
Fujian Billion Polymerization Fiber Technology Industrial Co., Ltd.	Jinjiang
Jiangsu Hengli Chemical Fibre Co., Ltd.	Suzhou
Jiangsu Solead New Material Group Co., Ltd.	Yixing
Oriental Industries (Suzhou) Ltd	Suzhou
Zhejiang Kingsway High-tech Fiber Co., Ltd.	Haining
Zhejiang Sanwei Material Technology Co., Ltd.	Taizhou

Commission Implementing Regulation (EU) 2023/934

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