Commission Implementing Regulation (EU) 2021/1784 of 8 October 2021 imposing a definitive anti-dumping duty on imports of aluminium flat-rolled products originating in the People’s Republic of China
Article 1
Without prejudice to Article 2, a definitive anti-dumping duty is hereby imposed on imports of aluminium products, flat rolled, whether or not alloyed, whether or not further worked than flat rolled, not backed, without internal layers of other material,
- — in coils or in coiled strips, in cut-to-length sheets, or in the form of circles; of a thickness of 0,2 mm or more but not more than 6 mm,
- — in plates, of a thickness of more than 6 mm,
- — in coils or in coiled strips, of a thickness of not less than 0,03 mm but less than 0,2 mm, currently falling under CN codes ex 7606 11 10 (TARIC codes 7606111025 , 7606111086 ), ex 7606 11 91 (TARIC codes 7606119125 , 7606119186 ), ex 7606 11 93 (TARIC codes 7606119325 , 7606119386 ), ex 7606 11 99 (TARIC codes 7606119925 , 7606119986 ), ex 7606 12 20 (TARIC codes 7606122025 , 7606122088 ), ex 7606 12 92 (TARIC codes 7606129225 , 7606129293 ), ex 7606 12 93 (TARIC code 7606129386 ), ex 7606 12 99 (TARIC codes 7606129925 and 7606129986 ), ex 7606 91 00 (TARIC codes 7606910025 , 7606910086 ), ex 7606 92 00 (TARIC codes 7606920025 , 7606920092 ), ex 7607 11 90 (TARIC codes 7607119048 , 7607119051 , 7607119053 , 7607119065 , 7607119073 , 7607119075 , 7607119077 , 7607119091 , 7607119093 ) and ex 7607 19 90 (TARIC codes 7607199075 , 7607199094 ) and originating in the People’s Republic of China.
The rates of the definitive 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 | Definitive anti-dumping duty rate (%) | TARIC additional code |
|---|---|---|
| Jiangsu Alcha Aluminum Group Co., Ltd | 14,3 % | C610 |
| Nanshan Group — Shandong Nanshan Aluminium Co., Ltd, — Yantai Nanshan Aluminum New Material Co., Ltd, — Longkou Nanshan Aluminum Rolling New Material Co., Ltd, — Yantai Donghai Aluminum Foil Co., Ltd | 19,1 % | C611 |
| Xiamen Xiashun Aluminium Foil Co., Ltd | 21,4 % | C612 |
| Other cooperating companies (Annex) | 19,0 % | |
| All other companies | 24,6 % | C999 |
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) 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 applicable to all other companies shall apply.
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
The following products shall be excluded from the product described in Article 1(1):
- — aluminium beverage can body stock, end stock and tab stock,
- — products currently falling under TARIC codes 7607119044 and 7607119071 ,
- — aluminium products, alloyed, of a thickness of not less than 0,2 mm and not more than 6 mm, for use as body panels in the car industry,
- — aluminium products, alloyed, of a thickness of not less than 0,8 mm, for use in the manufacture of aircraft parts.
The product described in Article 1(1) shall be exempted from definitive anti-dumping duty if it is imported for use in the production of aluminium composite panels and if it complies with the following technical characteristics:
- — tension levelled aluminium coils,
- — hot-rolled coils,
- — mill finish,
- — widths: from 800 mm up to 2 050 mm,
- — thicknesses: 0,20 mm up to 0,5 mm,
- — tolerance on thickness: +/- 0,01 mm,
- — tolerance on width: +1,50/-0,00 mm,
- — alloys: 5005, 3105,
- — temper: h14, h16, h24, h26,
- — max wave height: max. 3 in 1 000 mm.
The exclusions under paragraph 1 indent 3 and 4 and the exemption under paragraph 2 shall be subject to the conditions laid down in the customs provisions of the Union on the end use procedure, in particular Article 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council ([^E0001]) (the Union Customs Code).
Article 3
The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2021/582 shall not be collected.
Article 4
Article 1 (2) may be amended to add new exporting producers from the People’s Republic of China and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that:
- (a) it did not export the goods described in Article 1(1) originating in People’s Republic of China during the period of investigation (1 July 2019 to 30 June 2020);
- (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 product concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.
Article 5
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 exporting producers not sampled
| Name | TARIC additional code |
|---|---|
| Southwest Aluminium (Group) Co., Ltd | C613 |
| Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd | C614 |
| Shanghai Huafon Aluminium Corporation | C615 |
| ALG Aluminium Inc. | C616 |
| Yinbang Clad Material Co., Ltd | C617 |
| Jiangsu Metcoplus Industry Intl. Co., Ltd | C618 |
| Dalishen Aluminum Co., Ltd | C619 |
| Binzhou Hongbo Aluminium Foil Technology Co., Ltd | C620 |
| Yong Jie New Material Co., Ltd | C621 |
| Chalco Ruimin Co., Ltd | C622 |
| Luoyang Wanji Aluminium Processing Co., Ltd | C623 |
| Jiangyin Dolphin Pack Limited Company | C624 |
| Henan Xindatong Aluminum Industry Co., Ltd | C625 |
| Zhejiang Yongjie Aluminum Co., Ltd | C626 |
| Jiangsu Zhongji Lamination Materials Co., Ltd | C627 |
| Zhengzhou Guandong Aluminum Industry Co., Ltd | C628 |
[^E0001]: Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
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