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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 AD Regulation’), and in particular Article 13 thereof,Whereas:
HAS ADOPTED THIS REGULATION:
Article 1#
1.The definitive anti-dumping duty imposed by Implementing Regulation (EU) 2022/558 on imports of graphite electrodes of a kind used for electric furnaces, with an apparent density of 1,5 g/cm3 or more and an electrical resistance of 7,0 μ.Ω.m or less, whether or not equipped with nipples, with a nominal diameter of more than 350 mm, currently falling under CN code ex85451100 (TARIC codes 8545110010 and 8545110015), and originating in the People’s Republic of China, is hereby extended to imports of artificial graphite in blocks or cylinders with an apparent density of 1,5 g/cm3 or more and an electrical resistance of 7,0 μ.Ω.m or less with a nominal diameter of more than 350 mm, currently falling under CN codes ex38011000 and ex38019000 (TARIC codes 3801100015 and 3801900080), and originating in the People’s Republic of China, with the exemption of imports of artificial graphite in blocks or cylinders with an apparent density of 1,5 g/cm3 or more and an electrical resistance of 7,0 μ.Ω.m or less with a nominal diameter of more than 350 mm, currently falling under CN codes ex38011000 and ex38019000 (TARIC codes 3801100015 and 3801900080) imported by the company listed below:Company | TARIC additional codeJAP INDUSTRIES s.r.o. | 89MJ
2.The extended duty is the anti-dumping duty of 74,9 % applicable to ‘all other companies’ in the People’s Republic of China (TARIC additional code C999).
3.The duty extended by paragraphs 1 and 2 of this Article shall be collected on imports originating in the People’s Republic of China registered in accordance with Article 2 of Implementing Regulation (EU) 2024/2686, with the exception of imports of artificial graphite in blocks or cylinders with an apparent density of 1,5 g/cm3 or more and an electrical resistance of 7,0 μ.Ω.m or less with a nominal diameter of more than 350 mm, currently falling under CN codes ex38011000 and ex38019000 (TARIC codes 3801100015 and 3801900080) imported by the company listed in paragraph 1.
4.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2#
Customs authorities are directed to discontinue the registration of imports established in accordance with Article 2 Implementing Regulation (EU) 2024/2686, which is hereby repealed.
Article 3#
Imports of parts that have been exempted from the extended duty pursuant to Article 1 shall be either used in the assembly operations of the exempted party, destroyed or re-exported. In the event of a breach of this provision, the exemption shall be revoked in accordance with the procedure referred to in Article 13(4) of Regulation (EU) 2016/1036.
Article 4#
1.Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:European CommissionDirectorate-General for TradeDirectorate G Office:CHAR 04/391049 Bruxelles/BrusselBELGIQUE/BELGIË
2.In accordance with Article 13(4) of Regulation (EU) 2016/1036, the Commission may authorise the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Implementing Regulation (EU) 2022/558, from the duty extended by Article 1.
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