Council Regulation (EC) No 925/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain aluminium foil originating in Armenia, Brazil and the People’s Republic of China

• CELEX: Regulation (EC) No 925/2009
• Articles: 6

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg and currently falling within CN code ex 7607 11 19 (TARIC code 7607 11 19 10), originating in Armenia, Brazil and the People’s Republic of China (the ‘PRC’).

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 manufactured by the companies below shall be as follows:

Country

Company

Anti-dumping duty

TARIC additional code

Armenia

Closed Joint Stock Company Rusal-Armenal

13,4  %

A943

All other companies

13,4  %

A999

PRC

Alcoa (Shanghai) Aluminium Products Co., Ltd and Alcoa (Bohai) Aluminium Industries Co., Ltd

6,4  %

A944

Shandong Loften Aluminium Foil Co., Ltd

20,3  %

A945

Zhenjiang Dingsheng Aluminium Co., Ltd

24,2  %

A946

All other companies

30,0  %

A999

Brazil

Companhia Brasileira de Aluminio

17,6  %

A947

All other companies

17,6  %

A999

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

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

5.   The application of the individual duty rates 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, which shall conform to the requirements set out in Annex I. If no such invoice is presented, the duty rate applicable to all other companies 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 2009/736/EC, as amended from time to time, shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:

—

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

—

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

—

the goods declared and presented to the customs authorities correspond exactly with 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:

—

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

—

when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of the basic Regulation in a regulation or decision which refers to particular transactions and declares the relevant undertaking invoices to be invalid.

Article 3

Amounts secured by way of provisional anti-dumping duties pursuant to Regulation (EC) No 287/2009 on imports of aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg and falling within CN code ex 7607 11 19 (TARIC code 7607 11 19 10), originating in Armenia, Brazil and the PRC shall be definitively collected at the rate of the definitive duty imposed pursuant to Article 1. The amounts secured in excess of the rates of the definitive anti-dumping duties 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 I

ANNEX I

A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(5):

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 aluminium foil sold for export to the European Community 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.’

3.

Date and signature.

ANNEX II

ANNEX II

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 2009/736/EC  ( *1 ) . I declare that the information provided in this invoice is complete and correct.

( *1 )

OJ L 262, 6.10.2009, p. 50 .’

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( *1 )

OJ L 262, 6.10.2009, p. 50 .’

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