Commission Implementing Regulation (EU) 2015/787 of 19 May 2015 imposing a provisional anti-dumping duty on imports of acesulfame potassium originating in the People's Republic of China as well as acesulfame potassium originating in the People's Republic of China contained in certain preparations and/or mixtures
1. A provisional anti-dumping duty is imposed on imports of acesulfame potassium (potassium salt of 6-methyl-1,2,3-oxathiazin-4(3H)-one 2,2-dioxide; CAS RN 55589-62-3) originating in the People's Republic of China as well as acesulfame potassium originating in the People's Republic of China contained in certain preparations and/or mixtures, currently falling within CN codes ex 2106 90 92 , ex 2106 90 98 , ex 2934 99 90 (TARIC code 2934 99 90 21), ex 3824 90 92 , ex 3824 90 93 and ex 3824 90 96 .
2. The rates of the provisional anti-dumping duty applicable to the product described in paragraph 1 and produced by the companies listed below shall be as follows:
Company
Provisional duty rate — euro per kg net
TARIC additional code
Anhui Jinhe Industrial Co., Ltd
3,19
C046
Suzhou Hope Technology Co., Ltd
3,15
C047
Anhui Vitasweet Food Ingredient Co., Ltd
1,23
C048
All other companies
3,19
C999
All companies declaring preparations and/or mixtures not containing acesulfame potassium originating in the People's Republic of China
0
C045
3. The anti-dumping duty on acesulfame potassium contained in preparations and/or mixtures shall be applicable in proportion in the preparations and/or mixture, by weight, of the total content of acesulfame potassium.
4. 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, which shall conform to the requirements set out in Annex I. If no such invoice is presented, the duty applicable to all other companies shall apply.
5. The release for free circulation in the Union of the product referred to in paragraph 1 shall be subject to the provision of a security deposit equivalent to the amount of the provisional duty.
6. Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.
Upon presentation of the customs declaration for release into free circulation to the Member State's customs authority, in cases where the acesulfame potassium originates in a country other than the country of origin of the preparations and/or mixtures in which it is contained, the importer shall submit a declaration of origin issued by the final producer of the preparations and/or mixtures in conformity with the requirements in Annex II.
1. Within 25 calendar days of the date of entry into force of this Regulation, interested parties may:
(a)
Request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted;
(b)
Submit their written comments to the Commission; and
(c)
Request a hearing with the Commission and/or the Hearing Officer in trade proceedings.
2. Within 25 calendar days of the date of entry into force of this Regulation, the parties referred to in Article 21(4) of Regulation (EC) No 1225/2009 may comment on the application of the provisional measures.
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .
Article 1 shall apply for a period of six months.
Supplementary provisions
ANNEX ISupplementary provisions
ANNEX I
The valid commercial invoice referred to in Article 1(4) must be issued showing the following:
(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 acesulfame potassium (Ace-K) sold for export to the European Union 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.’
(3)
Date and signature of the official of the entity issuing the commercial invoice.
ANNEX IISupplementary provisions
ANNEX II
Declaration of Origin
Seller: [insert full name and address of the seller of the preparations and/or mixtures containing acesulfame potassium]
Number and date of commercial invoice:
Packing No
Product description of the preparation and/or mixture containing acesulfame potassium
Quantity in kg of the acesulfame potassium contained in the product
Country of origin of the acesulfame potassium
(1)
(2)
(3)
(4)
Producer: [insert full name and address of the final producer of the preparations and/or mixtures containing acesulfame potassium if the producer is not identical to the seller]
The producer of these goods hereby declares:
—
that the origin declared in column 4 for the goods described in column 2 of this declaration has been determined by it in accordance with the provisions of Articles 23 and 24 of Council Regulation (EEC) No 2913/92 ( 1 ) ,
—
its willingness to cooperate fully with the Commission of the European Union, or the customs authorities of the importing Member State when verifying the accuracy of this declaration.
Date
(Signature)
(Stamp of the signing producer company)
(Name and function of the authorised signatory)
( 1 ) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ( OJ L 302, 19.10.1992, p. 1 ).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
