1. A definitive anti-dumping duty is imposed on imports of fatty acids with a carbon chain length of C6, C8, C10, C12, C14, C16 or C18 with an iodine value below 105 g/100 g and with a ratio of free fatty acids to triglycerides (degree of split – DoS) of at least 97 %, including:
—
single fatty acid (also referred to as ‘pure cut’), and
—
blends containing a combination of two or more carbon chain lengths,
excluding fatty acid certified by a voluntary scheme ( 65 ) for the production of sustainable biofuels, bioliquids and biomass fuels recognized by the European Commission pursuant to Article 30(4) or a national certification scheme established pursuant to Article 30(6) of Directive (EU) 2018/2001, currently falling within CN codes ex 2915 70 40, ex 2915 70 50, ex 2915 90 30, ex 2915 90 70, ex 2916 15 00, ex 3823 11 00, ex 3823 12 00, ex 3823 19 10 and ex 3823 19 90 (TARIC codes: 2915704095, 2915705010, 2915903095, 2915907095, 2916150010, 3823110020, 3823110070, 3823120020, 3823120070, 3823191030, 3823191070, 3823199070 and 3823199095) and originating in Indonesia.
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
P.T. Musim Mas
46,4
C880
P.T. Wilmar Nabati Indonesia
15,2
C881
Other cooperating companies listed in Annex
26,6
See Annex
All other companies
46,4
C999
3. 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 concerned) 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.
4. 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 131(2) of Commission Implementing Regulation (EU) 2015/2447 ( 66 ) the amount of anti-dumping duty, calculated on the basis of the amounts set above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
5. Unless otherwise specified, the provisions in force concerning customs duties shall apply.