LegalizeCommission Implementing Regulation (EU) 2020/1534 of 21 October 2020 imposing a definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) 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 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 2008 30 55 , 2008 30 75 and ex 2008 30 90 (TARIC codes 2008309061 , 2008309063 , 2008309065 , 2008309067 and 2008309069 ) 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 produced by the companies listed below, shall be as follows.
| Company | EUR/Tonne net product weight | TARIC additional code |
|---|---|---|
| Yichang Rosen Foods Co., Ltd, Yichang, Zhejiang | 531,2 | A886 |
| Zhejiang Taizhou Yiguan Food Co. Ltd, Huangyan, Zhejiang | 361,4 | A887 |
| Hubei Xinshiji Foods Co., Ltd, Dangyang City, Hubei Province | 489,7 | A888 |
| Zhejiang Juzhou Foods Co., Ltd, Sanmen, Zhejiang | 499,9 | C528 |
| Cooperating exporting producers not included in the sample listed in the Annex | 499,6 | A889 |
| All other companies | 531,2 | A999 |
The application of the individual duty rate specified for the companies 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 [product concerned] 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.’ If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.
Article 2
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) 2015/2447 (1) 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.
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
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
- — Hubei Fomdas 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
Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).
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