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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 9(4) thereof,Whereas:
HAS ADOPTED THIS REGULATION:
Article 1#
1.A definitive anti-dumping duty is imposed on imports of certain alkyl phosphate esters based exclusively on side chains with a length of two or three carbon atoms (also includes chlorinated alkyl chains) and with a phosphorus content of at least 9 % (per weight) and a viscosity between 1 and 100 mPa·s (at 20-25 °C) falling under Chemical Abstracts Service (‘CAS’) numbers 13674-84-5, 1244733-77-4 and 78-40-0, currently classified under CN code ex29199000 (TARIC codes 2919900050 and 2919900065) and CN code ex38249992 (TARIC code 3824999238) 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 products described in paragraph 1 and produced by the companies listed below, shall be as follows:Company | Definitive anti-dumping duty | TARIC additional codeAnhui RunYue Technology Co., Ltd. | 53,1 % | 89ALNantong Jiangshan Agrochemical & Chemicals Limited Liability Co. | 68,4 % | 89AMShandong Yarong Chemical Co., Ltd. | 63,0 % | 89ANOther cooperating companies not sampled listed in Annex | 61,3 % |All other companies | 68,4 % | 8999
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 name and function, drafted as follows: ‘I, the undersigned, certify that the (quantity) of alkyl phosphate esters sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People’s Republic of China. 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.
Article 2#
The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2024/1064 imposing a provisional anti-dumping duty on imports of certain alkyl phosphate esters originating in the People’s Republic of China shall be definitively collected.
Article 3#
The Annex mentioned in Article 1(2) may be amended to add new exporting producers from the People’s Republic of China and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that:
(a)it did not export the goods described in Article 1(1) during the period of investigation (1 July 2022 to 30 June 2023);
(b)it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which could have cooperated in the original investigation; and
(c)it has either actually exported the product concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.
Article 4#
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Cooperating exporting producers not sampled:
| Name | TARIC additional code |
|---|---|
| Fujian Wynca Technology Co., Ltd. | 89AP |
| Futong Chemical Co., Ltd. | 89AQ |
| Hebei Zhenxing Chemical and Rubber Co., Ltd. | 89AR |
| Jiangsu Yoke Technology Co., Ltd. | 89AS |
| Jilin Yonglin Chemical Co., Ltd. | 89AT |
| Ningguo Long Day Chemical Co., Ltd | 89AU |
| Shanghai Iroyal Chemical Co., Ltd. | 89AV |
| Xinji Hongzheng Chemical Industry Co., Ltd. | 89AW |
| Xuancheng City Trooyawn Refined Chemical Industry Co., Ltd. | 89AX |
| Yangzhou Chenhua New Material Co., Ltd. | 89AY |
| Zhejiang Wansheng Co., Ltd. | 89AO |
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