Council Regulation (EC) No 1193/2008 of 1 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duties imposed on imports of citric acid originating in the People’s Republic of China

• CELEX: Regulation (EC) No 1193/2008
• Articles: 5

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of citric acid and of trisodium citrate dihydrate falling within CN codes 2918 14 00 and ex 2918 15 00 (TARIC code 2918 15 00 10) and originating in the People’s Republic of China.

2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Community-frontier price, before duty, of the products described in paragraph 1 and produced by the companies below shall be as follows:

Company

Anti-dumping duty

(%)

TARIC additional code

Anhui BBCA Biochemical Co. Ltd — No 73, Daqing Road, Bengbu City 233010, Anhui Province, PRC

35,7

A874

DSM Citric Acid (Wuxi) Ltd — West Side of Jincheng Bridge, Wuxi 214024, Jiangsu province, PRC

8,3

A875

RZBC Co. Ltd — No 9 Xinghai West Road, Rizhao, Shandong Province, PRC

36,8

A876

RZBC (Juxian) Co. Ltd, West Wing, Chenyang North Road, Ju County, Rizhao, Shandong Province, PRC

36,8

A877

TTCA Co. Ltd — West, Wenhe Bridge North, Anqiu City, Shandong Province, PRC

42,7

A878

Yixing Union Biochemical Co. Ltd — Economic Development Zone Yixing City 214203, Jiangsu Province, PRC

32,6

A879

Laiwu Taihe Biochemistry Co. Ltd, No 106 Luzhong Large East Street, Laiwu, Shandong Province, PRC

6,6

A880

Weifang Ensign Industry Co. Ltd, The West End, Limin Road, Changle City, Shandong Province, PRC

33,8

A882

All other companies

42,7

A999

3.   Notwithstanding the first paragraph, the definitive anti-dumping duty shall not apply to imports released for free circulation in accordance with Article 2.

4.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

1.   Imports declared for release into free circulation which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in Decision 2008/899/EC, as from time to time amended, shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:

(a)

they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community; and

(b)

such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in the Annex of this Regulation; and

(c)

the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.

2.   A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:

(a)

whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph are not fulfilled; or

(b)

when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of Regulation (EC) No 384/96 in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.

Article 3

The amounts secured by way of provisional anti-dumping duty pursuant to Regulation (EC) No 488/2008 shall be definitively collected at the rate of the definitive duty imposed pursuant to Article 1 of this Regulation. The amounts secured in excess of the amount of the definitive duty shall be released.

Article 4

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

Schedules & Appendices

ANNEX

ANNEX

The following elements shall be indicated in the commercial invoice accompanying the companies’ sales to the Community of goods which are subject to the undertaking:

1.

The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.

2.

The name of the company issuing the commercial invoice.

3.

The commercial invoice number.

4.

The date of issue of the commercial invoice.

5.

The TARIC additional code under which the goods on the invoice are to be customs-cleared at the Community frontier.

6.

The exact description of the goods, including:

—

the product code number (PCN) used for the purpose of the undertaking,

—

plain language description of the goods corresponding to the PCN concerned,

—

the company product code number (CPC),

—

TARIC code,

—

quantity (to be given in tonnes).

7.

The description of the terms of the sale, including:

—

price per tonnes,

—

the applicable payment terms,

—

the applicable delivery terms,

—

total discounts and rebates,

8.

Name of the company acting as an importer in the Community to which the commercial invoice accompanying goods subject to an undertaking is issued directly by the company.

9.

The name of the official of the company that has issued the commercial invoice and the following signed declaration:

‘I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this invoice is being made within the scope and under the terms of the Undertaking offered by [COMPANY], and accepted by the European Commission through Decision 2008/899/EC. I declare that the information provided in this invoice is complete and correct.’