Article 1
1. A definitive anti-dumping duty is hereby imposed on imports of open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m 2 , excluding fibreglass discs, currently falling under CN codes ex 7019 63 00, ex 7019 64 00, ex 7019 65 00, ex 7019 66 00 and ex 7019 69 90 (TARIC codes 7019630019, 7019640019, 7019650018, 7019660018 and 7019699019) and originating in the People’s Republic of China. 2. The rate of the definitive anti-dumping duty applicable to the CIF net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and originating in the People’s Republic of China shall be as follows: Company Duty (%) TARIC additional code Yuyao Mingda Fiberglass Co., Ltd 62,9 B006 Grand Composite Co., Ltd and its related company Ningbo Grand Fiberglass Co., Ltd 48,4 B007 Yuyao Feitian Fiberglass Co., Ltd 60,7 B122 Companies listed in Annex 57,7 B008 All other imports originating in the People’s Republic of China 62,9 B999 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 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 imports originating in the People’s Republic of China’ shall apply. 4. 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 open mesh fabrics consigned from India and Indonesia, whether declared as originating in India and Indonesia or not (TARIC codes 7019630014, 7019630015, 7019640014, 7019640015, 7019650014, 7019650015, 7019660014, 7019660015, 7019699014, and 7019699015), — with the exception of those produced by: — Montex Glass Fibre Industries Pvt. Ltd (TARIC additional code B942), — Pyrotek India Pvt. Ltd (TARIC additional code C051), — SPG Glass Fibre Pvt. Ltd (TARIC additional code C205), and — Urja Products Private Limited (TARIC additional code C861), — imports of the same open mesh fabrics consigned from Malaysia, whether declared as originating in Malaysia or not (TARIC codes 7019630011, 7019640011, 7019650011, 7019660011 and 7019699011), — imports of the same open mesh fabrics consigned from Taiwan and Thailand, whether declared as originating in Taiwan and Thailand or not (TARIC codes 7019630012, 7019630013, 7019640012, 7019640013, 7019650012, 7019650013, 7019660012, 7019660013, 7019699012 and 7019699013). 5. Unless otherwise specified, the provisions in force concerning customs duties shall apply. 6. Where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that: (1) it did not export to the Union the product described in paragraph 1 in the period between 1 April 2009 to 31 March 2010 (the original investigation period); (2) it is not related to any exporter or producer in the People’s Republic of China which is subject to the anti-dumping measures imposed by this Regulation; and (3) it has actually exported to the Union the product concerned or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period, the Commission may amend the Annex by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty of 57,7 %.