1. A definitive anti-dumping duty is imposed on imports of tube and pipe butt-welding fittings, of austenitic stainless steel grades, corresponding to AISI types 304, 304L, 316, 316L, 316Ti, 321 and 321H and their equivalent in the other norms, with a greatest external diameter not exceeding 406,4 mm and a wall thickness of 16 mm or less, with a roughness average (Ra) of the internal surface not less than 0,8 micrometres, not flanged, whether or not finished, currently falling under CN codes ex 7307 23 10 and ex 7307 23 90 (TARIC codes 7307231050, 7307231055, 7307239050 and 7307239055), and originating in the People’s Republic of China and Taiwan.
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 rate (%)
TARIC additional code
Taiwan
Ta Chen Stainless Pipes Co., Ltd.
5,1
C176
All other companies
12,1
C999
The People’s Republic of China
Zhejiang Good Fittings Co., Ltd.
55,3
C177
Zhejiang Jnda Pipeline Industry Co., Ltd.
48,9
C178
Suzhou Yuli Pipeline Industry Co., Ltd.
30,7
C179
Jiangsu Judd Pipeline Industry Co., Ltd.
30,7
C180
All other cooperating (not sampled) companies:
Alfa Laval Flow Equipment (Kunshan) Co., Ltd.
41,9
C182
Kunshan Kinglai Hygienic Materials Co., Ltd.
41,9
C184
Wifang Huoda Pipe Fittings Manufacture Co., Ltd.
41,9
C186
Yada Piping Solutions Co., Ltd.
41,9
C187
Jiangsu Huayang Metal Pipes Co., Ltd.
41,9
C188
All other companies
64,9
C999
3. Anti-dumping duties are not applicable to Taiwanese exporting producer King Lai Hygienic Materials Co., Ltd. (TARIC additional code C175)
4. The definitive anti-dumping duty of 64,9 % applicable to imports originating in the People’s Republic of China, as set out in paragraph 2, is extended to imports of tube and pipe butt-welding fittings, of austenitic stainless steel grades, corresponding to AISI types 304, 304L, 316, 316L, 316Ti, 321 and 321H and their equivalent in the other norms, with a greatest external diameter not exceeding 406,4 mm and a wall thickness of 16 mm or less, with a roughness average (Ra) of the internal surface not less than 0,8 micrometres, not flanged, whether or not finished, currently classified under CN codes ex 7307 23 10 and ex 7307 23 90, consigned from Malaysia, whether declared as originating in Malaysia or not (TARIC codes 7307231035, 7307231040, 7307239035, 7307239040), with the exception of those produced by the companies listed below:
Country
Company
TARIC additional code
Malaysia
Pantech Stainless And Alloy Industries Sdn. Bhd.
A021
Malaysia
SP United Industry Sdn. Bhd.
A022
5. The application of the individual duty rates specified for the companies mentioned in paragraph 2 and the exemptions from the extended duty mentioned in paragraph 4 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.
6. Article 1(2) may be amended to add new exporting producers from the People’s Republic of China and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that:
(a)
it did not export the goods described in Article 1(1) originating in the People’s Republic of China during the period between 1 October 2014 to 30 September 2015 (‘original investigation period’);
(b)
it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which have or could have cooperated in the investigation that led to the duty; and
(c)
it has either actually exported the product under review originating in the People’s Republic of China or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period.