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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 prepared or preserved mandarins (including tangerines and satsumas), clementines, wilkings and other similar citrus hybrids, not containing added spirit, whether or not containing added sugar or other sweetening matter, and as currently defined under HS heading 2008, currently falling under CN codes 20083055, 20083075 and ex20083090 (TARIC codes 2008309061, 2008309063, 2008309065, 2008309067 and 2008309069) 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 | EUR/Tonne net product weight | TARIC additional codeYichang Rosen Foods Co., Ltd, Yichang, Zhejiang | 531,2 | A886Zhejiang Taizhou Yiguan Food Co. Ltd, Huangyan, Zhejiang | 361,4 | A887Hubei Xinshiji Foods Co., Ltd, Dangyang City, Hubei Province | 489,7 | A888Zhejiang Juzhou Foods Co., Ltd, Sanmen, Zhejiang | 499,9 | C528Cooperating exporting producers not included in the sample listed in the Annex | 499,6 | A889All other imports originating in the People’s Republic of China | 531,2 | A999
3.The application of the individual duty rate 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 (volume in tonnes) of [product concerned] 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 rate applicable to ‘all other imports originating in the People’s Republic of China’ shall apply.
Article 2#
1.In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is adjusted for the determination of the customs value pursuant to Article 132 of Commission Implementing Regulation (EU) 2015/2447note the amount of anti-dumping duty, calculated on the basis of Article 1 above, shall be reduced by a percentage which corresponds to the adjustment of the price actually paid or payable.
2.Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 3#
Article 1(2) may be amended by adding a new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 499,6 EUR/tonne net product weight where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that it:
(a)did not export to the Union the product described in Article 1(1) during the original investigation period (1 October 2006 to 30 September 2007);
(b)is not related to any of the exporting producers in the People’s Republic of China which are subject to the measures imposed by this Regulation; and
(c)has either actually exported to the Union the product concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the review investigation period.
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 Chinese exporting producers not included in the sample:
Hunan Pointer Foods Co., Ltd., Yongzhou, Hunan
Ningbo Pointer Canned Foods Co., Ltd., Xiangshan, Ningbo
Yichang Jiayuan Foodstuffs Co., Ltd., Yichang, Hubei
Ninghai Dongda Foodstuff Co., Ltd., Ningbo, Zhejiang
Huangyan No 2 Canned Food Factory, Huangyan, Zhejiang
Zhejiang Fomdas Foods Co., Ltd., Xinchang, Zhejiang
Toyoshima Share Yidu Foods Co., Ltd., Yidu, Hubei
Guangxi Guiguo Food Co., Ltd., Guilin, Guangxi
Zhejiang Juda Industry Co., Ltd., Quzhou, Zhejiang
Zhejiang Iceman Group Co., Ltd., Jinhua, Zhejiang
Ningbo Guosheng Foods Co., Ltd., Ninghai
Yi Chang Yin He Food Co., Ltd., Yidu, Hubei
Yongzhou Quanhui Canned Food Co., Ltd., Yongzhou, Hunan
Ningbo Orient Jiuzhou Food Trade & Industry Co., Ltd., Yinzhou, Ningbo
Guangxi Guilin Huangguan Food Co., Ltd., Guilin, Guangxi
Ningbo Wuzhouxing Group Co., Ltd., Mingzhou, Ningbo
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