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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 11(2) thereof,Whereas:
HAS ADOPTED THIS REGULATION:
Article 1#
1.A definitive anti-dumping duty is imposed on imports of tube or pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes, currently falling under CN codes ex73079311, ex73079319 and ex73079980 (TARIC codes 7307931191, 7307931193, 7307931194, 7307931195, 7307931199, 7307931991, 7307931993, 7307931994, 7307931995, 7307931999, 7307998092, 7307998093, 7307998094, 7307998095 and 7307998098) and originating in the Republic of Korea, Malaysia and the Russian Federation.
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:Country | Company | Anti-dumping duty | TARIC additional codeRepublic of Korea | TK Corporation, 1499-1, Songjeong-Dong, Gangseo-Gu, Busan | 32,4 % | C066| All other companies | 44,0 % | C999Malaysia | Anggerik Laksana Sdn Bhd, Selangor Darul Ehsan | 59,2 % | A324| Pantech Steel Industries Sdn Bhd | 49,9 % | A961| All other companies | 75,0 % | A999Russian Federation | All companies | 23,8 % | _
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.’ Until such invoice is presented, the duty applicable to all other companies shall apply.
4.Article 1(2) may be amended to add new exporting producers from the Republic of Korea, Malaysia and the Russian Federation 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) originating in the Republic of Korea, Malaysia and the Russian Federation during the period between 1 April 2000 to 31 March 2001 (‘original investigation period’);
(b)it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which have or could have cooperated in the investigation that led to the duty; and
(c)it has either actually exported the product under review originating in the Republic of Korea, Malaysia and the Russian Federation or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period.
5.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
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