Council Regulation (EC) No 393/2009 of 11 May 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain candles, tapers and the like originating in the People’s Republic of China

Regulation (EC) No 393/2009 · Regulation · 6 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

1. A definitive anti-dumping duty is hereby imposed on imports of candles, tapers and the like, other than memory lights and other outdoor burners, falling within CN codes ex 3406 00 11 , ex 3406 00 19 and ex 3406 00 90 (TARIC codes 3406 00 11 90, 3406 00 19 90 and 3406 00 90 90) and originating in the People’s Republic of China. For the purposes of this Regulation, ‘memory lights and other outdoor burners’ means candles, tapers and the like which have one or more of the following characteristics: (a) their fuel contains more than 500 ppm of toluene; (b) their fuel contains more than 100 ppm benzene; (c) they have a wick with a diameter of at least 5 mm; (d) they are individually contained in a plastic container with vertical walls of at least 5 cm in height. 2. The rate of the definitive anti-dumping duty shall be a fixed amount of euro per tonne of fuel content (usually but not necessarily in the form of tallow, stearin, paraffin wax or other waxes, including the wick) of the products manufactured by the companies as shown below: Company Amount of duty EUR per tonne of fuel TARIC additional code Aroma Consumer Products (Hangzhou) Co., Ltd 321,83 A910 Dalian Bright Wax Co., Ltd 171,98 A911 Dalian Talent Gift Co., Ltd 367,09 A912 Gala-Candles (Dalian) Co., Ltd 0 A913 M.X. Candles and Gifts (Taicang) Co., Ltd 0 A951 Ningbo Kwung’s Home Interior & Gift Co., Ltd 0 A914 Ningbo Kwung’s Wisdom Art & Design Co., Ltd, and its related company Shaoxing Koman Home Interior Co., Ltd 0 A915 Qingdao Kingking Applied Chemistry Co., Ltd 0 A916 Companies listed in Annex I 345,86 A917 All other companies 549,33 A999 3. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code ( 4 ) , the amount of anti-dumping duty, calculated on the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable. 4. The application of the individual duty rates specified for the companies mentioned in paragraph 2 and Annex I shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the duty rate applicable to all other companies shall apply. 5. Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

Amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 1130/2008 on imports of certain candles, tapers and the like falling within CN codes ex 3406 00 11 , ex 3406 00 19 and ex 3406 00 90 (TARIC codes 3406 00 11 90, 3406 00 19 90 and 3406 00 90 90) and originating in the People’s Republic of China shall be definitively collected. The amounts secured in excess of the amount of the definitive anti-dumping duties shall be released. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties shall be definitively collected.

Article 3

Where any party from the People’s Republic of China provides sufficient evidence to the Commission that it: (a) did not export the goods referred to in Article 1(1) originating in the People’s Republic of China during the period of investigation, that is 1 January 2007 to 31 December 2007; (b) is not related to an exporter or producer subject to the measures imposed by this Regulation; and (c) has either actually exported the goods concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Community after the end of the period of investigation; the Council, acting by simple majority on a proposal by the Commission, after consulting the Advisory Committee, may amend Article 1(2) in order to attribute to that party the duty applicable to cooperating producers not in the sample, i.e. EUR 345,86 per tonne of fuel.

Article 4

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

Supplementary provisions

ANNEX ISupplementary provisions

ANNEX I Chinese cooperating exporting producers not sampled TARIC Additional Code A917 Beijing Candleman Candle Co., Ltd Beijing Cixi Shares Arts & Crafts Co., Ltd Cixi Dalian All Bright Arts & Crafts Co., Ltd Dalian Dalian Aroma Article Co., Ltd Dalian Dalian Glory Arts & Crafts Co., Ltd Dalian Dandong Kaida Arts & Crafts Co., Ltd Dandong Dehua Fudong Porcelain Co., Ltd Dehua Dongguan Xunrong Wax Industry Co., Ltd Dongguan Fushun Hongxu Wax Co., Ltd Fushun Fushun Pingtian Wax Products Co., Ltd Fushun Future International (Gift) Co., Ltd Taizhou Greenbay Craft (Shanghai) Co., Ltd Shanghai Horsten Xi’an Innovation Co., Ltd Xian Ningbo Hengyu Artware Co., Ltd Ningbo Ningbo Junee Gifts Designers & Manufacturers Co., Ltd Ningbo Qingdao Allite Radiance Candle Co., Ltd Qingdao Shanghai Changran Industrial & Trade Co., Ltd Shanghai Shanghai Daisy Gifts Manufacture Co., Ltd Shanghai Shanghai EGFA International Trading Co., Ltd Shanghai Shanghai Huge Scents Factory Shanghai Shanghai Kongde Arts & Crafts Co., Ltd Shanghai Shenyang Shengwang Candle Co., Ltd Shenyang Shenyang Shengjie Candle Co., Ltd Shenyang Taizhou Dazhan Arts & Crafts Co., Ltd Taizhou Xin Lian Candle Arts & Crafts Factory Zhongshan Zhaoyuan Arts & Crafts Co., Ltd Huangyan, Taizhou Zhejiang Aishen Candle Arts & Crafts Co., Ltd Jiaxing Zhejiang Hong Mao Household Co., Ltd Taizhou Zhejiang Neeo Home Decoration Co., Ltd Taizhou Zhejiang Ruyi Industry Co., Ltd Taizhou Zhongshan Zhongnam Candle Manufacturer Co., Ltd and its related company Zhongshan South Star Arts & Crafts Manufacturing Co., Ltd Zhongshan

ANNEX IISupplementary provisions

ANNEX II A declaration signed by an official of the entity issuing the commercial invoice must appear on the valid commercial invoice referred to in Article 1(4) of this Regulation. The declaration must include the following information: 1. The name and function of the official of the entity issuing the commercial invoice. 2. The following declaration: ‘I, the undersigned, certify that the (volume) of candles, tapers and the like sold for export to the European Community 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. Date and signature’.

Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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