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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 7 thereof,After consulting the Member States,Whereas:
HAS ADOPTED THIS REGULATION:
Article 1#
1.A provisional anti-dumping duty is imposed on imports of sodium benzoate, currently falling under ex CN code 29163100 (TARIC code 2916310091), usually falling under CUS 0023120-9, CAS 532-32-1 and originating in the People’s Republic of China.
2.The rates of the provisional 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 | Provisional anti-dumping duty (%) | TARIC additional codeWuhan Youji Industries Co., Ltd. | 57,6 | 88FKTianjin Dongda Chemical Group Co., Ltd | 75,4 | 88FLShandong TongTaiWeiRun Food Science Tech Co., Ltd. | 63,8 | 88FMAll other imports originating in the People’s Republic of China | 116,4 | 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 his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume in tonnes) of sodium benzoate 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.’ Until such invoice is presented, the duty applicable to all other imports originating in the People’s Republic of China shall apply.
4.The release for free circulation in the Union of the product referred to in paragraph 1 shall be subject to the provision of a security deposit equivalent to the amount of the provisional duty.
5.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2#
1.Interested parties shall submit their written comments on this regulation to the Commission within 15 calendar days of the date of entry into force of this Regulation.
2.Interested parties wishing to request a hearing with the Commission shall do so within 5 calendar days of the date of entry into force of this Regulation.
3.Interested parties wishing to request a hearing with the Hearing Officer in trade proceedings are invited to do so within 5 calendar days of the date of entry into force of this Regulation. The Hearing Officer may examine requests submitted outside this time limit and may decide whether to accept to such requests if appropriate.
Article 3#
1.For the purpose of monitoring imports of the direct upstream product of sodium benzoate i.e. benzoic acid, the following TARIC code is introduced:2916 31 | - - Benzoic acid, its salts and esters:2916 31 00 30 | - - - Benzoic acid
2.Imports under the TARIC code 2916310030 shall be subject to surveillance to allow the Commission to follow the statistical trends of imports of the direct upstream product of sodium benzoate which is subject to the provisional antiumping duty under Article 1, in accordance with Article 56(5) of Regulation (EU) No 952/2013 of the European Parliament and of the Councilnote.
3.Surveillance measures introduced by paragraph 1 shall cease when the anti-dumping duty on imports of sodium benzoate originating in the People’s Republic of China is terminated or lapses.
Article 4#
1.Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 1 of Implementing Regulation (EU) 2026/366.
2.Data collected regarding products which entered the EU for consumption not more than 90 days prior to the date of the entry into force of this regulation shall be kept until the entry into force of possible definitive measures, or the termination of this proceeding.
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