Commission Implementing Regulation (EU) 2024/844 of 13 March 2024 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of electrolytic manganese dioxides originating in the People’s Republic of China

• CELEX: Implementing Regulation (EU) 2024/844
• Articles: 5

Article 1

1.   A definitive anti-dumping duty is imposed on imports of electrolytic manganese dioxides (namely manganese dioxides produced through an electrolytic process) not heat-treated after the electrolytic process, currently falling under CN code ex 2820 10 00 (TARIC code 2820100010) and originating in the People’s Republic of China.

2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 and produced by the companies listed below, shall be as follows:

Country

Company

Definitive anti-dumping duty

TARIC additional code

People’s Republic of China

Xiangtan Electrochemical Scientific Ltd

Jingxi Xiangtan electrochemical scientific ltd.

8,6 %

899N

Guangxi Guiliu New Material Co., Ltd Guangxi Xiatian Manganese Mine Co. LTD

0 %

899O

Guangxi Daxin Huiyuan New Energy Technology Co., Ltd

17,1 %

899P

Other cooperating companies listed in Annex

10,1 %

All other companies

35,0 %

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 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 the People's Republic of China. 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  ( 50 ) 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.

Article 2

The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2023/2120 imposing a provisional anti-dumping duty on imports of electrolytic manganese dioxides originating in the People’s Republic of China shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.

Article 3

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) during the period of investigation (1 January 2022 to 31 December 2022);

(b)

it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which could have cooperated in the original investigation; and

(c)

it has either actually exported the product concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.

Article 4

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 Cooperating exporting producers not sampled

ANNEX

Cooperating exporting producers not sampled

Country

Name

TARIC additional code

People’s Republic of China

Guizhou Redstar Developing Dalong Manganese Industry Co., Ltd.

899Q

Guizhou Manganese Mineral Group Co., Ltd.

899R

Prince Minerals China Ltd

899S

Hunan Qingchong New Materials Co., Ltd.

899T