Commission Implementing Regulation (EU) 2021/607 of 14 April 2021 imposing a definitive anti-dumping duty on imports of citric acid originating in the People’s Republic of China as extended to imports of citric acid consigned from Malaysia, whether declared as originating in Malaysia or not, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

• CELEX: Implementing Regulation (EU) 2021/607
• Articles: 4

Article 1

1.   A definitive anti-dumping duty is imposed on imports of citric acid and trisodium citrate dihydrate, currently falling under CN codes 2918 14 00 and ex 2918 15 00 (TARIC code 2918150011 and 2918150019) and originating in the People’s Republic of China.

2.   The rates 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:

Company

Definitive anti-dumping duty (%)

TARIC additional code

COFCO Bio-Chemical Energy (Yushu) Co. Ltd – No 1 Dongfeng Avenue, Wukeshu Economic Development Zone, Changchun City 130401, PRC

35,7

A874

Laiwu Taihe Biochemistry Co., Ltd. – No 89, Changjiang Street, Laiwu City, Shandong Province, PRC

15,3

A880

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

36,8

A876

RZBC (Juxian) Co., Ltd. – No 209 Laiyang Road, Juxian Economic Development Zone, Rizhao City, Shandong Province, PRC

36,8

A877

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

42,7

A878

Weifang Ensign Industry Co., Ltd. – No 1567 Changsheng Street, Changle, Weifang, Shandong Province, PRC

33,8

A882

Jiangsu Guoxin Union Energy Co., Ltd. – No 1 Redian Road, Yixing Economic Development Zone, Jiangsu Province, PRC

32,6

A879

All other companies

42,7

A999

3.   The definitive anti-dumping duty applicable to imports originating in the People’s Republic of China, as set out in paragraph 2, is hereby extended to imports of the same citric acid and trisodium citrate dihydrate consigned from Malaysia, whether declared as originating in Malaysia or not (CN codes ex 2918 14 00 (TARIC code 2918140010) and ex 2918 15 00 (TARIC code 2918150011).

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, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘ I, the undersigned, certify that the (volume) of (product under review ) 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.

5.   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, further amended by Decision 2012/501/EU and Regulation (EU) 2016/704, 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 Union; 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 to 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 Council Regulation (EC) No 1225/2009  ( 66 ) in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.

Article 3

This Regulation shall enter into force on the day following that of 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 European Union 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 European Union border.

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 tonne,

—

the applicable payment terms,

—

the applicable delivery terms,

—

total discounts and rebates.

8.

Name of the company acting as an importer in the European Union to which the commercial invoice accompanying the 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 Union 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 Implementing Decision (EU) 2015/87. I declare that the information provided in this invoice is complete and correct.’