LegalizeCommission Implementing Regulation (EU) 2024/1040 of 27 March 2024 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in People’s Republic of China
Article 1
A definitive anti-dumping duty is imposed on imports of polyethylene terephthalate (‘PET’), having a viscosity number of 78 ml/g or higher, currently falling under CN code 3907 61 00 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 product described in paragraph 1 and produced by the companies listed below, shall be as follows:
| Country of origin | Company | Definitive anti-dumping duty | TARIC additional code |
|---|---|---|---|
| People’s Republic of China | Sanfame Group: — Jiangsu Hailun Petrochemical Co., Ltd — Jiangsu Xingye Plastic Co., Ltd. — Jiangyin Xingyu New Material Co., Ltd. — Jiangyin Xingtai New Material Co., Ltd. | 6,6 % | 899V |
| People’s Republic of China | Wankai New Materials Group: — Wankai New Materials Co., Ltd. — Chongqing Wankai New Materials Technology Co. Ltd. | 10,7 % | 899W |
| People’s Republic of China | China Resources Chemical Innovative Materials Group: — China Resources Chemical Innovative Materials CO., LTD — Zhuhai China Resources Chemical Innovative Materials Co., Ltd. | 17,2 % | 899X |
| People’s Republic of China | Other cooperating companies | 11,1 % | See annex |
| People’s Republic of China | All other companies | 24,2 % | 8999 |
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 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 amounts secured by way of the provisional anti-dumping duties pursuant to Commission Implementing Regulation (EU) 2023/2659 shall be definitively released.
Article 3
The Annex mentioned in 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) during the period of investigation (1 January 2022 - 31 December 2022);
- (b) it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which could have cooperated in the original investigation; 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 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 exporting producers not sampled
| Country | Name | TARIC additional code |
|---|---|---|
| People’s Republic of China | SINOPEC YIZHENG CHEMICAL FIBRE LIMITED LIABILITY COMPANY | 899Y |
| People’s Republic of China | Dragon Special Resin (XIAMEN) Co., Ltd. | 899Z |
| People’s Republic of China | Far Eastern Industries (Shanghai) Ltd. | 89AA |
| People’s Republic of China | Jiangsu Ceville New Materials Technology Co., Ltd. | 89AB |
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