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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 aluminium foil in rolls currently falling under CN codes ex76071111 and ex76071910 (TARIC codes 7607111111, 7607111119, 7607191011 and 7607191019) and originating in the PRC.
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 | Duty (%) | TARIC additional codeCeDo (Shanghai) Ltd, Shanghai | 14,2 | B299Ningbo Times Aluminium Foil Technology Co. Ltd, Ningbo | 15,6 | B300Ningbo Favored Commodity Co. Ltd, Yuyao City | 14,6 | B301Able Packaging Co. Ltd, Shanghai | 14,6 | B302Guangzhou Chuanlong Aluminium Foil Product Co. Ltd, Guangzhou | 14,6 | B303Ningbo Ashburn Aluminium Foil Products Co. Ltd, Yuyao City | 14,6 | B304Shanghai Blue Diamond Aluminium Foil Manufacturing Co. Ltd, Shanghai | 14,6 | B305Weifang Quanxin Aluminium Foil Co. Ltd, Linqu | 14,6 | B306Zhengzhou Zhuoshi Tech Co. Ltd, Zhengzhou City | 14,6 | B307Zhuozhou Haoyuan Foil Industry Co. Ltd, Zhouzhou City | 14,6 | B308Zibo Hengzhou Aluminium Plastic Packing Material Co. Ltd, Zibo | 14,6 | B309Yuyao Caelurn Aluminium Foil Products Co. Ltd, Yuyao | 14,6 | B310All other companies | 35,6 | B999
3.The definitive anti-dumping duty applicable to imports originating in the People’s Republic of China, as set out in paragraph 2, is hereby extended, at a rate of 35,6 % to imports of the same certain aluminium foil in rolls consigned from Thailand, whether declared as originating in Thailand or not (TARIC codes 7607111111 and 7607191011).
4.The application of the individual duty rates specified for the companies mentioned in paragraph 2 and exemptions from extensions of the measures after anti-circumvention investigations mentioned in paragraph 3 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.
5.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) originating in the People’s Republic of China during the period between 1 October 2010 to 30 September 2011 (‘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 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 original investigation period.
6.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
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