Council Implementing Regulation (EU) No 1039/2012 of 29 October 2012 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of aluminium radiators originating in the People’s Republic of China

COUNCIL IMPLEMENTING REGULATION (EU) No 1039/2012

of 29 October 2012

imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of aluminium radiators originating in the People’s Republic of China

Article 1

Article 2

The amounts secured by way of the provisional anti-dumping duty pursuant to Regulation (EU) No 402/2012 on imports of aluminium radiators originating in the People’s Republic of China, shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.

Article 3

Where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that:

• —it did not export to the Union the product described in Article 1(1) during the investigation period (1 July 2010 to 30 June 2011),

• —it is not related to any of the exporters or producers in the People’s Republic of China which are subject to the measures imposed by this Regulation,

• —it has actually exported to the Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union,

the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(2) by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 21,2 %.

Article 4

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

PRC COOPERATING EXPORTING PRODUCERS NOT SAMPLED

ANNEX II

A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(3):

• (1)the name and function of the official of the entity issuing the commercial invoice;

• (2)the following declaration: ‘I, the undersigned, certify that the (volume) of aluminium radiators and elements or sections of which such radiator is composed, sold for export to the European Union covered by this invoice, was manufactured by (company name and registered seat) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct. Date and signature’.

[^E0001]: (¹) OJ L 343, 22.12.2009, p. 51.

[^E0002]: (²) OJ L 124, 11.5.2012, p. 17.

[^E0003]: (³) OJ C 236, 12.8.2011, p. 18.

[^E0004]: (⁴) www.bloomberg.com

[^E0005]: (⁵) http://news.xinhuanet.com/english/2008-12/26/content_10564812.htm

[^E0006]: (⁶) WTO, report of the Appellate Body, AB-2011-2, WT/DS397/AB/R, 15 July 2011. WTO, report of the Panel, WT/DS397/R, 29 September 2010. The reports can be downloaded from the WTO’s website (http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds397_e.htm).

[^E0007]: (⁷) OJ L 201, 26.7.2001, p. 10.

[^E0008]: (⁸) European Commission, Directorate-General for Trade, Directorate H, Office: NERV-105, 08/020, 1049 Bruxelles/Brussel BELGIQUE/BELGIË.