LegalizeCommission Implementing Regulation (EU) 2017/325 of 24 February 2017 imposing a definitive anti-dumping duty on imports of high tenacity yarns of polyesters originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
COMMISSION IMPLEMENTING REGULATION (EU) 2017/325
of 24 February 2017
imposing a definitive anti-dumping duty on imports of high tenacity yarns of polyesters originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council
Article 1
A definitive anti-dumping duty is hereby imposed on imports of high tenacity yarn of polyesters not put up for retail sale, including monofilament of less than 67 decitex, (excluding sewing thread and ‘Z’-twisted multiple (folded) or cabled yarn, intended for the production of sewing thread, ready for dyeing and for receiving a finishing treatment, loosely wound on a plastic perforated tube), currently falling within CN Code ex 5402 20 00 (TARIC code 5402200010 ) and originating in the People's Republic of China.
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 manufactured by the companies listed below shall be as follows:
| Company | Duty (%) | TARIC additional code |
|---|---|---|
| Zhejiang Guxiandao Industrial Fibre Co. Ltd | 5,1 | A974 |
| Zhejiang Hailide New Material Co. Ltd | 0 | A976 |
| Zhejiang Unifull Industrial Fibre Co. Ltd | 5,5 | A975 |
| Companies listed in the Annex | 5,3 | A977 |
| Hangzhou Huachun Chemical Fiber Co. Ltd | 0 | A989 |
| Oriental Industries (Suzhou) Ltd | 9,8 | A990 |
| All other companies | 9,8 | A999 |
The application of the individual duty rate specified for the company mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States 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 high tenacity yarn of polyesters 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 companies’ shall apply.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Where any party from the People's Republic of China provides sufficient evidence to the Commission that:
- (a) it did not export the goods described in paragraph 1 originating in the People's Republic of China during the period of the original investigation (1 July 2008 – 30 June 2009);
- (b) it is not related to an exporter or producer subject to the measures imposed by this Regulation; and
- (c) it has either actually exported the goods described in paragraph 1 or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of the original investigation;
the Commission may amend Annex I in order to attribute to that party the duty applicable to cooperating producers not included in the sample, i.e. 5,3 %.
Article 2
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
Chinese cooperating exporting producers not sampled (TARIC Additional Code A977 ):
| Company name | City |
|---|---|
| Heilongjiang Longdi Co. Ltd | Harbin |
| Jiangsu Hengli Chemical Fibre Co. Ltd | Wujiang |
| Hyosung Chemical Fiber (Jiaxing) Co. Ltd | Jiaxing |
| Shanghai Wenlong Chemical Fiber Co. Ltd | Shanghai |
| Shaoxing Haifu Chemistry Fibre Co. Ltd | Shaoxing |
| Sinopec Shanghai Petrochemical Co. Ltd | Shanghai |
| Jiangsu Solead New Material Group Co., Ltd. | Yixing City |
| Wuxi Taiji Industry Co. Ltd | Wuxi |
| Zhejiang Kingsway High-Tech Fiber Co. Ltd | Haining City |
| Company | TARIC additional code |
| --- | --- |
| Fujian Billion Polymerization Fiber Technology Industrial Co., Ltd. | A977 |
| Zhejiang Sanwei Material Technology Co., Ltd. | A977 |
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